The Department of Labor’s Wage and Hour Division recently issued Administrator’s Interpretation 2010-2 which addresses the issue of what’s considered “clothes” for determining compensable (paid) time under the Fair Labor Standards Act (FLSA). I bet that you never thought this was an issue? But then again all bets are off when dealing with the FLSA. The definition of “clothes” (i.e., does it include protective equipment?) has changed over the years, often depending upon which political party is in office. The DOL’s new interpretation states that protective equipment (e.g., rubber gloves, boots, arm guards, etc.) is not considered clothing and time spent putting it on and taking it off may be considered work time, even if under a collective bargaining agreement, or customary practices, changing clothes is not. Note, however, that while changing clothes (in contrast to protective equipment) may not be compensable under some union contracts, subsequent activities, like walking and waiting, could be.
Bottom Line: If your workplace requires that employees change clothes or use protective equipment, it’s a good time to review your policies and ensure that your people are being paid appropriately. If this isn’t part of your workplace, be thankful….because yes, it is as messy as it sounds. See the Administrator’s Interpretation No. 2010-2, on the DOL web site at:
http://www.dol.gov/whd/opinion/adminIntrprtn/FLSA/2010/FLSAAI2010
