Officers’ Donning and Doffing of Their Uniforms and Gear Not Covered by the FLSA
Hinshaw Alert | 1 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

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims



