Massachusetts Wage and Hour Laws Regarding Putting on (Donning) and Taking Off (Doffing) Uniforms or Personal Protective Equipment (PPE)
Should Massachusetts Employees be Paid for Time Spent Donning and Doffing Personal Protective Equipment Under the Massachusetts Wage Act?
Massachusetts Employment Lawyer Representing Employees in Unpaid Wage Claims and Donning and Doffing Claims From Offices in Lowell, Worcester, Springfield, Fall River, Pittsfield, and Barnstable
Massachusetts law and federal law contain specific rules on whether employees must be compensated for the time they spend putting on protective equipment and taking off protective equipment, a process known as donning and doffing. Generally speaking, these laws require employers to compensate employees for the time they spend donning and doffing when they are required to do so at work, as opposed to at home. Continue reading below for more information but, bottom line: you should be paid for the time you spend donning and doffing at work. If you have questions, contact us for a free consultation.
Should My Massachusetts Employer Pay Me To Put My Uniform or PPE On At Work (Donning)?
Yes, your Massachusetts employer should pay you to put on your uniform or PPE at work if they require you to do so. That’s the case in Massachusetts because Massachusetts law requires employers to pay employees for all time that the employee is required to be on the premises. 454 CMR 27.02. The outcome would be different if you have the option of putting the uniform or PPE on at home or if the amount of time spent on the activity is very minor.
Should My Massachusetts Employer Pay Me To Take My Uniform or PPE Off At Work (Doffing)?
Yes, your Massachusetts employer should pay you to take off your uniform or PPE at work if they require you to do so. That’s the case in Massachusetts because Massachusetts law requires employers to pay employees for all time that the employee is required to be at the worksite. 454 CMR 27.02. The outcome would be different if you have the option of taking the uniform or PPE off at home or if the amount of time spent on the activity is minimal.
In short, Massachusetts law requires employers to compensate their employees for time spent donning and doffing uniforms and personal protective equipment at work.
Employment lawyer Benjamin Steffans has considerable experience with donning and doffing wage and hour claims and has brought cases on a class action basis on behalf of Massachusetts employees and on a class action basis on behalf of employees nationwide. In Prince, et al. v. Gold Medal Bakery, Steffans Legal brought a class action claim on behalf of food manufacturing plant workers for unpaid wages and unpaid overtime for time spent donning and doffing uniforms and personal protective equipment including shirts, pants, safety glasses, hairnets, beard nets, earplugs, and helmets(read more here). In Knowlton and Marston et al. v. Ashland Global Holdings Inc. et al., Steffans Legal filed suit on behalf of a nationwide class of chemical plant employees for unpaid wages and unpaid overtime related to time the employees spent donning and doffing protective clothing and protective gear such as chemical resistant clothing and steel-toed boots (read more here). These cases are currently in litigation.
If you are a Massachusetts employee that is required to put on and take off protective clothing and protective equipment off-the-clock contact Steffans Legal today for a free consultation.
ADDITIONAL TOPICS IN MASSACHUSETTS AND FEDERAL WAGE AND HOUR LAWS
Click a topic below to learn more
Do employers have to pay for: Sleep Time, On Call Time, Off-the-Clock Work, and Breaks/Lunch Breaks?
Massachusetts Laws Regarding Server Minimum Wage, Tips, Tip Pools, and Service Charges
Are Commissioned Employees Entitled to Minimum Wage and Overtime Under Massachusetts Law?
Massachusetts Blue Laws – Premium Pay for Sundays and Holidays
