Earlier this week, the U.S. Supreme Court issued its first employment decision of 2014, Sandifer v. U.S. Steel [pdf], which held that the time employees spent donning (putting on) and doffing (taking off) their protective gear is not compensable under their collective bargaining agreement by operation of section 203(o) of the Fair Labor Standards Act. For background on Sandifer, see my coverage of last October’s oral argument. For more on section 203(o) of the Fair Labor Standards Act, see my coverage of a 2010 6th Circuit opinion, which Sandifer reversed. For more on the Sandifer opinion, see the following from my blogging brethren:
- Opinion analysis: “Clothes” are items commonly regarded as articles of dress — from SCOTUSblog
- SCOTUS resolves one unclarity of federal wage and hour law — from Walter Olson’s Overlawyered
- Donning, Doffing and “Changing Clothes”: Supreme Court Says When Employees Get Paid — from Dan Schwartz’s Connecticut Employment Law Blog
- The Supreme Court on FLSA, donning, doffing, and Daft Punk! — from Eric Meyer’s The Employer Handbook Blog
- Supreme Court Defines “Changing Clothes” under Section 203(o) of the FLSA — from Minnesota Employment Law Report
- What the Supreme Court’s Decision on Donning and Doffing DOES NOT MEAN! — from Jonathan Segal
- SCOTUS: No pay for time spent donning and doffing protective gear — from Ross Runkel Report
Here’s the rest of what I read this week:
Discrimination
- The EEOC and “English-Only” Policies in the Workplace — from Wisconsin Employment & Labor Law Blog
- Five employer lessons from ADAAA “temporary injury” decision — from Robin Shea’s Employment and Labor Insider
- The EEOC Has A Cow, And Now Must Raise Its Beef On Appeal — from Workplace Class Action Litigation
- Retaliation 201 – you can’t retaliate against someone associated with a person who engaged in protected activity — from Warren & Associates Blog
- Interactive Process is a Must — from The Blue Ink
- Maintaining a religious-neutral workplace — from EmployerLINC
- “Men Who Seduce Like Cavemen” – Sexual Harassment The Way It Was In The US 50 Years Ago — from Employment Discrimination Report
- Dear Evil Skippy: How Long Do We Have To Ignore My Co-Worker’s Obvious Pregnancy? — from Evil Skippy at Work
Social Media & Workplace Technology
- This microsite is one endless, creepy conference call — from The Verge
- Time to Log Off? Take Care When Crafting Workplace Internet Policies — from TLNT
HR & Employee Relations
- Employers Should Have a Bill of Rights — from Evil HR Lady, Suzanne Lucas
- Are You a Co-Employer? — from The Emplawyerologist
- Judges Fuerst and Joseph Russo Join Judges O’Donnell and McMonagle on Cuyahoga CP Commercial Docket — from Cleveland Law Library Weblog
- Fired for What!? - Farting While Singing — from Lawffice Space
- On Entitlement, Regardless Of Your Generation — from Shankman Blog
- Send a non-compete demand letter – buy yourself a lawsuit? — from Trade Secrets & Non-Compete Blog
Wage & Hour
- Students Are Now Employees? OSHA Issues Citations to Vocational Rehabilitation Center for Alleged Safety Violations — from Employment Law Lookout
- Court Makes A U-Turn and Decertifies Class At Trial — from The Wage and Hour Litigation Blog
- A Minimum-Wage Hike Could Help Employers, Too — from Harvard Business Review
- Hours Worked: To Suffer or Permit…. Who Talks Like That? — from Michigan Employment Law
Labor Relations
- Is College Football “Work”? Employment Law Worldview
- Northwestern Football Players File Representation Petition with the NLRB — from Workplace Prof Blog
- NLRB Rescinds “Quickie Election” Rules, But New Election Rules Could be Issued Later This Year — from Labor Relations Today