Court decision makes it easier for workers to sue for 'donning and doffing' payment
A recent court decision on a “donning and doffing” case involving oil rig workers will make employers more vulnerable to Fair Labor Standards Act (FLSA) lawsuits, a class action attorney said.
The case in question, Tyger v. Precision Drilling Corp., is a class action suit in which oil rig workers for Precision Drilling Corp. wanted to be paid for time spent “donning and doffing” gear before and after work.
Precision argued that they shouldn’t have to, under the Portal-to-Portal Act, which defines “preliminary” and “postliminary” work activities as non-compensatory. The District Court agreed and dismissed the case.
But in an Aug. 16 decision, the Appeals Court for the Third Circuit rejected that decision.
“If you're a worker, or you're a plaintiff's lawyer, and you read this case, you're very gung-ho about it, because it says that this is the sort of case that can stick in the court,” Gerald L. Maatman, Duane Morris’ class-action chair, told HRD. “This is a very pro-plaintiff ruling – it makes it harder if you're an employer to comply with the law.”
The decision is significant because it means lawsuits against employers around payment for safety gear donning and doffing, and related activities, will be decided case-by-case and based on whether they are deemed to be “intrinsic” or “integral” to primary work, he said. The...
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