On November 8, 2005, the United States Supreme Court issued a decision in IBP, Inc. v. Alvarez, 546 U.S. _____ (2005) regarding the compensability of certain activities by employees who wear protective gear.  The decision, rendered only a month after hearing argument, appears to have elements that benefit both employees and employers and will have a significant impact on many workplaces.

The decision was issued in two consolidated cases concerning two different workplaces in which employees were required to put on and take off safety equipment, acts known as “donning and doffing.”  The legal issue that arose in these cases is whether certain activities were “work” and therefore compensable.  Specifically, the Supreme Court examined whether time putting equipment on and taking it off was compensable and, relatedly, whether an employee must be paid while waiting to obtain safety equipment; for walking to and from the changing area to the work area and back at the end of the day; and for the time spent waiting to obtain  the equipment.

These issues were considered in light of the Fair Labor Standards Act (FLSA), which requires an employee to be paid for all work performed, and the Portal-to-Portal Act, which excludes things like walking, riding and traveling to and from work and other so-called preliminary and postliminary actions from compensability because they are not deemed principal activities.

In its unanimous decision, the Supreme Court found that “donning and doffing” safety equipment was compensable as “integral and indispensable” to the principal work activity of employees.  The activity of putting gear on starts the work day, and therefore, walking to the place where the work is performed and back at the end of the day, were also compensable activities.  However, in a positive development for employers, the Supreme Court found that time waiting to obtain safety equipment before putting it on was not compensable since the workday had not begun.

Although the decision will greatly affect those workplaces in which safety equipment must be worn, the impact of the decision can be minimized through such things as maintaining required equipment in close proximity to work stations and requiring employees to dress close to the time in which their work activities are to begin to curtail the amount of compensable time.  For more specific guidance on the implications of this decision or other FLSA issues, you may reach Mr. Gold at (717) 237-6702 or by email at kgold@rhoads-sinon.com.