If It Looks Like Pants And It Walks Like Pants… Supreme Court Considers Definition of “Clothes” In Section 203(o) Of The FLSA

This morning the Supreme Court heard oral argument in Sandifer v. U.S. Steel, an FLSA case in a group of steelworkers at a Gary, Indiana factory claimed they should be paid for time spent changing into flame-retardant suits, steel-toed boots, hardhats and gloves, even though their union agreed to exclude that time from the compensable workday.  The case most directly affects unionized employers, but the position taken by the U.S. Solicitor General, appearing as amicus in favor of U.S. Steel, could have a broader impact on the de minimis doctrine relied on by employers of all types.

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