Labor & Employment Law

DOL redefines "clothes"

On June 16 the DOL issued an Administrator's Interpretation on the meaning of the § 203(o) "changing clothes" exemption to FLSA compensable time.

Returning to pre-2002 interpretations, DOL says: "Based on its statutory language and legislative history, it is the Administrator?s interpretation that the § 203(o) exemption does not extend to protective equipment worn by employees that is required by law, by the employer, or due to the nature of the job. This interpretation reaffirms the interpretations set out in the 1997, 1998 and 2001 opinion letters and is consistent with the ?plain meaning? analysis of the Ninth Circuit in Alvarez. Those portions of the 2002 opinion letter that address the phrase ?changing clothes? and the 2007 opinion letter in its entirety, which are inconsistent with this interpretation, should no longer be relied upon."

DOL also says, "clothes changing covered by § 203(o) may be a principal activity. Where that is the case, subsequent activities, including walking and waiting, are compensable."

[Administrator's Interpretation No. 2010-2]

We suggest careful studying of this Administrator's Interpretation.

Full post as published by Ross' Employment Law Blog on June 16, 2010 (boomark / email).