The Third Circuit recently reversed a lower court’s decision in an overtime dispute under the federal Fair Labor Standards Act (FLSA) and determined that employees should be awarded overtime for their time spent putting on and taking off uniforms and providing “shift relief” reports before and after shifts.
The ruling involved the company Dupont in the case Smiley v. Dupont. The company argued that because it paid employees for two breaks and lunchtime during a 12-hour shift despite not being required to, that it was exempted from owing overtime for the amounts claimed by its employees. The Dupont employees claimed to be owed overtime for time related to changing into their required uniform and while performing shift relief related duties.
The Third Circuit found that there was no language in the FLSA that allows for this type of “swap” or offset of the duty to pay employees overtime under the above-mentioned circumstances.
This Ruling Could Have Far-Reaching Effects for Employees
This win for employees has larger implications that will require employers to follow the FLSA more closely and could provide more opportunities for overtime pay.
Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Employees in Wage and Hour Disputes
If you are entitled to overtime pay and were not paid, or your work conditions have changed, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green at 215-574-0600, or contact us online to discuss your rights.