Donning and Doffing | Practical Law

Donning and Doffing | Practical Law

Donning and Doffing

Donning and Doffing

Practical Law Glossary Item 7-506-9774 (Approx. 3 pages)

Glossary

Donning and Doffing

Putting on (donning) and removing (doffing) certain work clothes or protective gear.
Under the Fair Labor Standards Act (FLSA) (and some state law equivalents), whether time spent donning and doffing is compensable time depends on the nature of the specific items put on or removed. Federal circuit courts have developed various tests to make that determination, including:
  • The Ninth Circuit's unique gear test. The court has concluded that only time spent donning and doffing non-unique gear (such as Kevlar gloves or metal-mesh clothing) is compensable.
  • The Tenth Circuit's consideration of the physical or mental exertion required to don or doff the clothing or equipment.
  • The Second Circuit's reliance on a combination of the unique gear and exertion tests.
For unionized employees, the FLSA excludes the time spent changing clothes before or after each workday from compensable time if that time has been excluded by the express terms of (or a custom or practice under) a collective bargaining agreement (CBA) (29 U.S.C. § 203(o)). The US Supreme Court has concluded that even some non-clothing items such as ear plugs may be excluded from working time under this exception.
For more information, see Practice Note, Compensable Time: Donning and Doffing.
State and local wage and hour laws may impose additional or different requirements relating to time spent donning and doffing. For more information, see Wage and Hour Laws: State Q&A Tool.