Officers’ Donning and Doffing of Their Uniforms and Gear Not Covered by the FLSA
Hinshaw Alert | 2 min read
May 17, 2010
Officers’ Donning and Doffing of Their Uniforms and Gear Not Covered by the FLSA
Police officers employed by an Arizona city contended that the employer violated the Fair Labor Standards Act (FLSA) by failing to compensate them for the time they spent donning and doffing their police uniforms and related gear (which usually included trousers, a shirt, a name tag, a clip-on or velcro tie, specified footwear, a badge, a duty belt, a service weapon, a holster, handcuffs, chemical spray, a baton, a portable radio and the optional body armor). A district court determined that because the police officers had the option of donning and doffing their uniforms and gear at home, these activities were, therefore, not compensable pursuant to the FLSA, as amended by the Portal-to-Portal Act. The police officers challenged the district court's entry of summary judgment in favor of the city. The United States Court of Appeals for the Ninth Circuit affirmed, agreeing that these activities were not compensable pursuant to the FLSA. The court concluded that donning and doffing at the employer's premises was not required by law, employer rule, or the nature of the work. Although the Ninth Circuit had previously stated that “under the FLSA employers must pay employees for all hours worked,” it nevertheless concluded in this case that nothing compelled the conclusion that the donning and doffing of police uniforms and accompanying gear were compensable work activities. While employers may be required to compensate employees for the donning and doffing of certain protective gear necessary for the employees’ job, there is a growing number of cases which have refused to require employers to pay employees for dressing in uniform, even where the employees change into their uniforms at the employers’ place of business.
Bamonte v. City of Mesa, No. 08-16206 (9th Cir. Mar. 25, 2010)
Contact for more information: Philip R. Kujawa
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on this and other subjects.
Related People
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida




