The new Department of Labor’s (DOL) Administrator’s Interpretation, issued by Deputy Administrator Nancy J. Leppink), concerns whether you have to pay for the time employees use to change put on and take off protective equipment required by law. It’s entitles “SUBJECT: Section 3(o) of the Fair Labor Standards Act, 29 U.S.C.  203(o), and the definition of clothes.” (Administrator's Interpretation No. 2010-2)

 

Under the Fair Labor and Standards Act, you don’t have to pay employees for their time spend changing clothes or washing at the beginning or end of each workday. But, this new Administrator’s Interpretation explains that safety equipment is going to be treated separately, and that changing into and out of protective equipment required by law is now time that your employees will be compensated for.

 

So, if your employees are just putting on uniforms, then it’s probably not time that you need to pay them for. On the other hand, if they are putting on protective equipment to abide by safety laws, then it would be “on the clock” time.

 

These DOL has previously stated the opposite opinion regarding whether you have to pay for this time. So, read the new brief and consult your legal resources to see how it may apply to your business.

 

 Modern Business Associates frequently deals with compliance issues.  As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.