Production line employees at the IBP Inc. meat processing plant in Pasco, Washington, are required to be at their workstations as the first piece of meat comes down the line. Before taking their positions, the employees must prepare their work tools and change into protective gear, such as sanitary aprons, metalmesh leggings, Kevlar gloves, and safety goggles. At the end of the work shift, employees must take off their protective gear and clean their tools.
The employees sued IBP, claiming the company’s practice of paying them only for time spent on the production line cutting and bagging meat—and not for the pre- or post-shift routines—violated the federal Fair Labor Standards Act (FLSA). Now the Ninth Circuit Court of Appeal, which covers California, has agreed.
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
Pay For All Hours Worked
The appeal court explained that under the FLSA, employers must pay employees for all “hours worked.” Activities performed before or after the regular work shift are included in hours worked if they are an integral and indispensable part of performing the job—necessary to the employee’s principal work and done for the employer’s benefit.
In this case, because changing into and out of the protective gear was required by laws regulating workplace safety, IBP’s own rules, and the nature of the work, the court found it was necessary to the employees’ principal work on the meat processing production line. What’s more, donning and doffing the gear was for IBP’s benefit because it allowed IBP to meet its legal requirements and prevent workplace injury and product contamination. Thus, IBP had to pay workers for this time. However, the company didn’t have to include time spent donning and doffing gear that wasn’t unique to this workplace, such as hardhats and safety goggles, because such time was minimal.
The court went on to rule that an FLSA provision excluding time spent changing clothes from the definition of hours worked didn’t apply here because specialized protective gear is different from typical clothing.
The court also rejected IBP’s argument that it didn’t have to pay for time employees spent walking between their lockers and workstations after changing into and out of their protective equipment. According to the court, the workday began with the employees changing into the gear and ended with their changing out of the gear—all activities performed in between, including walking, were part of the compensable workday.
Impact Of Case
As this decision stresses, you have to pay employees for all time spent on activities closely related to their jobs. For this reason, it’s critical to keep complete records of all hours your employees work—including all time they put in on tasks before and after their workday. Not only is such recordkeeping required by law, but if your pay practices are challenged, accurate records will make it easier to show that your employees were properly paid.