Dressing the Part Is Not Enough: 8th Circuit Decides That Changing Into Uniforms Does Not Start the “Continuous Workday”

Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start the compensable workday for purposes of the Fair Labor Standards Act.  Specifically, the court held [here] that time spent changing into and out of uniforms could not “begin[] or end[] the workday” because the changing time itself was excluded under § 203(o) the FLSA.  In so doing, the court declined to defer to a prior Department of Labor Administrator’s Interpretation on the same subject, joining a number of courts that have ignored the DOL’s guidance on this issue.

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