U.S. Supreme Court Declines Review of Doffing-and-Donning Ruling

The U.S. Supreme Court has denied the certiorari petition filed by Kraft Foods,
seeking review of a Seventh Circuit ruling that requires the company to pay
for the time it takes workers to change into and out of safety gear and work
clothes, despite a collective bargaining agreement to the contrary. Kraft Foods
Global, Inc. v. Spoerle, No. 10-580 (U.S., cert. denied January 10, 2011).

According to the Seventh Circuit, “Management and labor acting jointly have
no more power to override state substantive law than they have when acting
individually.” The U.S. Supreme Court’s denial carries no precedential weight;
thus, the ruling, based on Wisconsin law, is limited to the Seventh Circuit.

Kraft will apparently begin paying 1,300 current and former employees about
$4 million in back pay. A company spokesperson reportedly said, “With this
decision [the doffing-and-donning] benefit is restored to employees. We are
happy to put this behind us so we can work together to continue to focus on
making high-quality, delicious products for our consumers.” See Meatingplace.
com, January 11, 2011.