Employment Law Update

November 15, 2005

Highlight Article

The United States Supreme Court expands the compensable workday, under Federal Law, to include time spent walking between changing areas and actual production areas

By Monica Sanchez

On November 8, 2005 the United States Supreme Court delivered a unanimous opinion in IBP, Inc. v. Alvarez, Docket Nos. 03-1238, 04-66 overturning long standing interpretations and holding that an employer must compensate an employee for the time spent waiting at stations where required safety and health equipment is distributed, donned (put on), and doffed (taken off), and the time spent walking to and from these stations to work areas at the beginning and end of each workday.

The decision in IBP, Inc. is the first case to be argued before new Chief Justice John Roberts and will likely be one of the most significant employment law decisions of his first term.

The United States Supreme Court consolidated two cases, IBP, Inc. v. Alvarez and Tum v. Barber Foods, Inc. which raised questions concerning coverage of the Fair Labor Standards Act, 29 U.S.C. §§221, et. Seq (FLSA), as amended by the Portal-to-Portal Act of 1947, 29 U.S.C. §§251-261 (Portal Act), with respect to employees who must put on protective clothing on the employer’s premises before they engage in productive labor for which they are primarily hired.  

The Portal Act generally relieves employers of the duty to pay employees under the Fair Labor Standards Act for the following activities: (1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and (2) activities which are preliminary to or postliminary to said principal activity or activities, which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which the employee ceases, such principal activity or activities. 29 U.S.C. § 254(a).

The employees in Tum were employees at a poultry processing plant and the employees at IBP, Inc. (also known as Tyson Foods) worked in a meat-packing plant.  Plaintiffs in both cases sued their employers to recover unpaid wages for time that was spent waiting at and walking to stations where required safety equipment was distributed to employees.

The Supreme Court held that putting on protective gear prior to an employee’s shift commences the workday, and the time spent walking between the changing and production areas is compensable under the FLSA as part of the compensable workday.  Furthermore, because putting on and taking off gear is “integral and indispensable” to employees’ work is a “principal activity” under the FLSA, the Court held that time spent waiting to take off the protective gear at the end of the workday, as well as the time spent walking from the production floor to the changing area where the gear is removed is also compensable.  However, the Court found that the time spent by employees waiting to put on the first piece of safety gear, which marks the beginning of the workday, is not compensable under the FLSA.

EFFECT ON EMPLOYERS

The Supreme Court’s opinion could potentially have an impact on a range of occupations.  Although, this case particularly addressed the concerns of employees working in a poultry processing plant and meat-packing plant, any employer who employs service employees who must wear specific articles of safety equipment or clothing will likely be effected by the Supreme Court’s ruling.  Employers are encouraged to evaluate their timekeeping procedures to ensure that they are capturing employees’ times as announced in the holding in IBP, Inc. v. Alvarez. 

This article was prepared by Monica Sanchez  , who is an associate at Kring & Chung, LLP’s Irvine and San Diego office. You can reach Ms. Sanchez at msanchez@kringandchung.com  or at (949) 261-7700.

** The information contained herein is for informational purposes only and should not be relied upon in reaching a conclusion in a particular area. The legal principles discussed herein were accurate at the time this article was authored but are subject to change with time. Applicability of these same legal principles may differ substantially in individual situations. Please consult an attorney before making a decision in a particular area using only the information provided in this article.

Kring & Chung, LLP is one of California’s fastest growing full-service law firms. With over forty attorneys, the firm practices business and corporate matters, construction, real estate, labor & employment, insurance, estate planning and family law. The employment department of the firm serves the businesses and individuals offering a wide range of services including:  employment consulting, employee handbooks, wrongful termination, discrimination litigation and more.

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