July 25, 2023
In June, a federal jury awarded employees $22 million in back wages, the largest recorded verdict obtained by the U.S. Department of Labor (“DOL”), after finding a Pennsylvania company failed to properly pay workers for the time it took employees to change their clothes and shower.
The Fair Labor Standards Act (“FLSA”) considers principal activities to be work performed by an employee that is directly related to their primary job duties. This includes activities such as manufacturing goods, providing services, or any other tasks that are integral to the employee’s role. However, activities that are performed before or after an employee’s principal activities may also be considered compensable. For example, if an employee needs to set up equipment before the shift or clean up the work area or their person after finishing work, these activities are generally counted as hours worked.
In the above referenced case, showering and changing clothes fell under this type of activity. When an employer asks an employee to work in a dirty or unhealthy environment, going home without a shower and/or change of clothing may be unsafe and unhealthy. In such cases, the employer must pay for the average amount of time it is expected for such workers to clean up.
If you have any questions about this or any other employment law matter, please contact Dean Leazenby or any of the other attorneys at Warrick & Boyn, LLP.