Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing and safety gear

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots, hard hat, eye protection, hearing protection, and hair net. The reverse process was repeated after the employees punched out at the end of their shift. Each employee spent almost six minutes per day off the clock "donning" [putting on] and "doffing" [taking off] required clothing and equipment.

The union, on behalf of Hormel employees, sought compensation for the time it took employees to don and doff their company-required clothing and equipment.  The case made its way to the Wisconsin Supreme Court, which held that "donning and doffing the clothing and equipment at the beginning and end of the day in the instant case is 'integral and indispensable to the employees' principal activities of producing food products" and, therefore, the employees must be compensated for this time.  In reaching this decision, the Court rejected Hormel's argument that six minutes per day was de minimus, or such a small amount of time to be non-compensable.  A copy of the decision is available here.

Wage and hour claims, particularly those dealing with off-the-clock work, are some of the most attractive claims for plaintiffs' attorneys given the large number of impacted employees. It is important to know whether employees are spending time on-site before or after their shift and, if so, whether those employees are performing tasks that are "integral and indispensable" to the employee's principal activities. The issue of off-the-clock work can arise in any industry, whether it's donning the necessary safety gear, stocking supplies at a work station, or reviewing medical charts prior to shift change.

If you have any questions or concerns regarding the issue of off-the-clock work, please contact your usual Hinshaw labor and employment attorney.