Sarah M. Block
Thu, 08/24/2023
The U.S. Court of Appeals for the Third Circuit (covering New Jersey, Pennsylvania, and Delaware) ruled that time employees spend changing clothes and putting on protective gear may be compensable even if the employees have the option of doing so at home. The ruling issued on August 16, 2023, concerns a case brought over 1,000 oil-rig workers. Tyger v. Precision Drilling Corp., No. 22-1613 (3d Cir.).
In Tyger, the Court identified a number of factors that trial courts should utilize to determine whether workers should be paid for the time they spend changing into and out of (called “donning and doffing”) protective gear. The factors now include:
(1) whether the workers have a meaningful option to change into their gear at home;
(2) whether changing at work is required by law; and
(3) what kind of gear is required by regulation, the employer, or the nature of the work.
The court viewed factors such as whether the “vast majority [of workers] do so ‘regularly’ out of practical necessity or in line with industry custom,” whether changing clothes or putting on protective gear is reasonably necessary for the workers’ jobs because if the employee did not wear the clothes or use the protective gear it would impair his or her ability to perform their job safely and effectively.
If you have been required to change in or out of protective gear or clothing before the start of your scheduled shift or after the end of your scheduled shift, that time may be compensable under this newly announced test regardless of whether the employer gives you the option of doing so at home. Contact MSE today to learn more about your rights and to schedule a free consultation with an experienced labor and employment law attorney.
