July 23, 2014. For companies whose employees must 'don and doff' personal protective equipment and handle tools (such as knives that must be picked up, dropped off, and maintained), failing to pay for such additional time, unless considered deminimis ( so minor it may be disregarded), can be considered a violation of the Fair Labor Standard Act by failing to pay for all hours of work in the continuous compensable work day. A federal judge in Tennessee has given preliminary approval to a donning-and-doffing settlement reached between Tyson Foods Inc. and Tyson Fresh Meats, on the one side, and on the other almost 7,000 current and former employees of the company’s Goodlettsville, Tenn., beef and pork processing plant. As part of the settlement, Tyson will pay $7.75 million into a fund to cover awards to employees “under the [Fair Labor Standards Act] and state law breach of contract claims,” as well as attorneys’ fees and costs and the settlement administrator fees. Tyson also will cover the employer’s portion of payroll taxes for the payout, according to documents filed in federal court.
For more information about donning and doffing and how to remain compliant under the Fair Labor Standards Act, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.