Donning And Doffing Case Allowed To Proceed

Police officer “donning and doffing” cases – lawsuits under the Fair Labor Standards Act seeking compensation for putting on and taking off required police equipment and uniforms – have received uneven treatment in the courts. One federal court of appeals – the Ninth Circuit – has ruled that donning and doffing is not compensable work if the employer allows officers to don and doff at home. A trial court…

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First Thursday, September 2016

Will discusses two very important recent cases. The first is a donning and doffing FLSA case out of New York – Perez v. City of New York, 2016 WL 4087216 (2nd Cir. 2016) – and the other involves a change in California;s law on pension reductions – Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2016 WL 4379316 (Cal. App. 2016). Other cases discussed this month:…

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Supreme Court Makes Donning/Doffing Cases Harder To Prove

For over 50 years, the Supreme Court has held that the donning and doffing of equipment and work clothing before and after a work shift is compensable work under the Fair Labor Standards Act (FLSA). Section 203(o) of the FLSA provides an exception to that general rule, and provides that work does not include “any time spent in changing clothes or washing at the beginning or end of each…

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New Controversy On Donning And Doffing

In Bamonte v. City of Mesa, 598 F.3d 1217 (9th Cir. 2010), a divided panel of the federal Ninth Circuit Court of Appeals held that the donning and doffing of police uniforms and equipment is not compensable work under the Fair Labor Standards Act unless the employer requires that the donning and doffing occur on the employer’s property. Perhaps presaging that more controversy over the issue awaits in the…

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FLSA Does Not Require Donning/Doffing Pay If Employer Permits Activity To Be Performed At Home

The first federal Court of Appeals decision on compensability of donning and doffing has been decided by the Ninth Circuit Court of Appeals. The case involved a claim brought by police officers working for the City of Mesa, Arizona. In a 2-1 decision, the Ninth Circuit held that if an employer permits the activity of donning and doffing to be performed at home, it need not compensate employees for…

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