On January 27, 2014, the Supreme Court issued its decision in Sandifer v. United States Steel Corporation. The question in this case is what constitutes “changing clothes” within the meaning of Section 203(o) of the Fair Labor Standards Act, which specifies that an employer need not pay for time spent “changing clothes” if that time is excluded under a valid contract with a labor union.
In an opinion delivered by Justice Scalia, the Court held by a vote of 9-0 that the time petitioners spend donning and doffing their protective gear is not compensable by operation of the Fair Labor Standards Act. Chief Justice Roberts, as well as Justices Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan joined in Justice Scalia's opinion. Justice Sotomayor also joined in the opinion, except as to footnote 7.
To discuss the case, we have Lawrence C. DiNardo, who is a partner at Jones Day.