What does it mean to change clothes? This was the issue in Sandifer v. United States Steal Corp., 678 F.3d 590 (7th Cir. 2012). In Sandifer, Judge Posner found that protective gear was “clothes” within the §3(o) exemption of the FLSA.
As you may know the §3(o) exemption excludes changing clothes from compensable time when it is part of the “express terms of or by custom or practice under a bonafide collective bargaining agreement applicable to the particular employer.” In Sandifer, the plaintiffs argued that steal workers were not changing clothes but were changing “safety equipment.” Judge Posner disagreed.
That was not, however, the final word. The United States Supreme Court granted certiorari on the issue. Alas, we will get to find out what the Roberts court considers to be “clothes.”