Seyfarth Shaw Chicago partner Arthur Rooney was quoted in the May 11 Law360 article on the Department of Labor's interpretation of the Fair Labor Standards Act (FLSA). According to the article, the broad issue progresses after the Seventh Circuit court ruled that unpaid activities such as changing clothes and walking to lockers do not constitute the compensable activity because they does not trigger the start of a work day. In Clifton Sandifer et al. v. U.S. Steel Corp., the circuit split, meaning that the issue may eventually find its way to the Supreme Court, but it may not get there from this case.
“This issue will come up in other cases since it isn't a unique issue to the company in the U.S. Steel case,” Arthur told Law360. “It is something that other circuits likely will have to address, and there is a split right now between the Sixth and Seventh Circuits, so it could be an issue that ultimately the Supreme Court has to decide.”