Employers frequently face “donning and doffing” collective actions under the Fair Labor Standards Act (FLSA). In these lawsuits, plaintiffs accuse employers of failing to pay employees for off-the-clock time spent doffing and donning uniforms or safety gear at the beginning and end of every shift. Today, the Supreme Court granted review in Sandifer v. United States Steel Corp., No. 12-417, to decide a recurring issue in these cases—the extent to which collective-bargaining agreements can waive employees’ right to compensation for time spent putting on and removing safety gear. For more information about this case, which will be argued and decided next term, please see our report on the Supreme Court’s grant of certiorari.
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