Donning & Doffing Questions/ Nebraska

[cheese packer]

I work in a factory that packages frozen cheese. We are not paid for putting on a provided uniform, hard hat, hair net, steel toed shoes, etc. ( Uniforms are cleaned and provided for us, they can not leave the building) Also, we have to clock in at the entrance to our work area, which is approx. a 3 to 4minute walk from the locker room, at a half way point we stop and wash our hands, then continue on to the work area. Break time is counted from the time we leave the work room area...........to the breakroom.....so the 2... 20 minute breaks are about 15, with travel time to break area. (Breaks are paid)

The employees who work on the cheese making side......(another company), are paid for donning & doffing.......I was wanting to know, if donning & doffing HAS to be paid....or is it a bonus? The placement of the time clock, so far from hand washing stations, cuts into the time we have to get to the time clock. Does it have to placed in a more central location, possibly before hand washing?

[Pattymd]

If this is required clothing, generally speaking, you must be paid for "donning and doffing" and for hand-washing, since this would obviously be a job requirement in your line of work.

However, the placement of the time clocks is not something addressed by law, except to the extent referenced in the following FLSA regulation:
http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.302.htm

[cheese packer]

pattymd,

Thanks for your fast reply. Do you have any statute for the donning & doffing that I can take to work, to show them that this is required?

[Pattymd]

Did you call up the link I included? That link takes you directly to the law.

[ElleMD]

There was also a very recent court case on this subject. Reading it might help you understand when time must be pay and when it need not. http://caselaw.lp.findlaw.com/data2/...nd/056546p.pdf