Massachusetts Donning & Doffing (Unpaid pre-shift and after-shift work)

Among unpaid wages claims are allegations that employees should be paid for donning and doffing--time spent putting on and taking off uniforms, protective gear, and other work-related clothing. Massachusetts donning and doffing lawsuits allege workers in Massachusetts were not properly paid for all time spent in activities that were necessary for their work.

Typically, Massachusetts donning and doffing refers to situations in which employees who have to wear specialty gear—including tools and equipment, safety gear, or uniforms—spend time outside of their paid time to prepare for work. This time spent donning and doffing the gear can add up to 30 minutes to each shift. For full-time employees, that would be compensable with overtime pay.

Not all employees are entitled to donning and doffing compensation. When considering whether employees should be paid for that time, the courts consider how vital the clothing or gear is to the primary activities of the job and how much control the employee has in the circumstances surrounding putting on and taking off the gear. If the employee is required to be on the job site before putting on the gear, it is more likely the employee will be compensated for that time than if the employee can dress at home.

Unpaid wages claims also include situations in which employees at call centers spend time logging onto and out of computer systems or workers are forced to attend mandatory unpaid shift meetings. They can also include situations in which workers must pick up work gear and equipment from site or storage facility and transport it to the job site at the start of the shift, then return it to the original site after the shift. Such time can add an hour or more to a shift.
  Donning and doffing lawsuits in other states may have an effect on Massachusetts donning and doffing lawsuits. In one of the largest donning and doffing lawsuits, workers at a Tyson Plant in Iowa alleged they were not properly paid for time spent putting on and taking off protective gear at a processing plant. The case ultimately made its way to the US Supreme Court, where the court found Tyson did not pay employees enough for donning and doffing.

The court found that Tyson violated its duty to keep adequate records of employee donning and doffing time, which made it difficult for employees to prove how much time they spent in such activities.
 

Massachusetts Unpaid pre-shift and after-shift work Legal Help

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Last updated on Apr-22-20