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Labor/Employment

Nov. 3, 2009

Dollars Due for Donning and Doffing?

Mark Pulliam and Aryn Thomas of Latham & Watkins discuss when time spent putting on and taking off work attire requires compensation.

With very few exceptions, all jobs require certain attire. Dressing for work is a fact of life, yet whether employees must be compensated for time spent dressing for work has emerged as an important question of law.

Since 1938, compensation for American workers has been governed, generally, by the Fair Labor Standards Act (FLSA). In 1947, Congress promulgated the Portal-to-Portal Pay Act, clarifying what constitutes compensable work time. Pursuant to this Act, work activities that o...

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