Fourth Circuit Allows Compensation for Poultry Workers’ Donning and Doffing Time

The Fourth Circuit Court of Appeals has determined that the time poultry
workers spend donning and doffing protective gear at the beginning and end
of their shifts must be compensated as an “integral and indispensable” part
of the principal activity of employment. Perez v. Mountaire Farms, Inc., No.
09-1917 (4th Cir., decided June 7, 2011). Because the time the employees
spent doffing and donning some of their gear during an uncompensated
meal break was related to their meal break and took a minimal amount of
time, the court ruled that time noncompensable.

The court found that the employer did not willfully violate the law, thus a
two-year statute of limitations was applied to the litigation. And the lack of
willfulness was found to be evidence of its good faith, so the court denied the
employees’ request for liquidated damages under the Fair Labor Standards
Act.