Clean Up Pay and Overtime

HRMaiden

We are a rendering company with plants in Wisconsin and Minnesota. Because of the nature of the work our production employees do (processing animal by-products) we as that our production employees shower and change out of their uniforms at the end of their shifts. We add 15 minutes time to their time worked in order to compensate them for this.

My question is this: Should this 15 minutes of time count towards overtime when calculating their 40 hours worked for the week?

Your insight into this matter is greatly appreciated.

Shadowfax

The answer to your question depends on a determination of the facts. The FLSA makes a distinction between pre/postliminary and prepatory/concluding. Generally, where the work performed has little or no bearing on the convenience of the employee but is performed primarilyand necesarily for the employer, the work is prep/conc and payable. Genreally, clothes chaniging and washing is prelim/postlim and not compensable. However, where the employer requires it or where it is a matter of health or safety, it is probably prep/concluding and payable. Sounds to me as if your situation fits the latter and is compensable and subject to o/t.

Brad Forrister

I would agree with Shadowfax. There's also the fact that, as I read your post, you're actually paying it now, or at least paying 15 extra minutes to cover it.

There was a very similar case out of the Ninth Circuit a while back, arising from a meat packing plant that required protective clothing. The court held that the employer owed overtime.

If it is compensable anyway, you might want to consider putting this time on the clock instead of adding 15 minutes separately.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

Dutch2

I have to agree. If the company requires this action/time then it should be considered time on the clock and counted as their other working hours and therefore towards overtime.
Good luck,
Dutch2