Recent Court Decision Enhances Vulnerability of Employers in FLSA Lawsuits Regarding Donning and Doffing

In a significant ruling that will impact Fair Labor Standards Act (FLSA) lawsuits, a recent court decision on a ‘donning and doffing’ case involving oil rig workers has made employers more vulnerable to legal action. The case in question, Tyger v. Precision Drilling Corp., revolved around the payment of oil rig workers for the time spent in ‘donning and doffing’ their gear before and after work. This article delves into the background of the case, analyzes the court’s decision, and explores its implications for employers and HR professionals.

Background on the Tyger v. Precision Drilling Corp. Case

The lawsuit filed against Precision Drilling Corp. by oil rig workers sought compensation for the time spent in putting on and taking off necessary work gear.

Precision Drilling Corp. contended that they were not obligated to pay workers for the ‘preliminary’ and ‘postliminary’ activities under the Portal-to-Portal Act, which classifies such activities as non-compensable.

The Appeals Court for the Third Circuit rejected Precision Drilling Corp.’s claim, deeming it invalid in this case.

Significance of the Court Decision

This ruling stipulates that lawsuits pertaining to payment for safety gear donning, doffing, and other related activities will be assessed individually based on their perceived “intrinsic” or “integral” nature to the primary work.

If the case reaches trial, a jury will play a crucial role in determining whether these activities should be compensated.

Comparison to a Similar Case Involving Amazon Workers

In a case in 2022, a judge ruled that Amazon workers should not be compensated for time spent walking through metal detectors before and after work, defining it as a “preliminary” and “postliminary” activity.

The appeals court’s decision outlined what constitutes protective gear that is considered integral or intrinsic to work, warranting compensation.

Relevance of Location in Decision-Making

The court identified location as a crucial factor in determining whether employees could don and doff their gear at home. This factor may hold significance in future decisions.

Implications for HR Professionals

In light of this decision, HR professionals are advised to review their compensation and overtime policies regarding donning and doffing, as well as any other preliminary or postliminary activities. Evaluating the potential integration of such activities into employees’ work will be essential to ensure compliance with labor regulations.

The recent court decision in the Tyger v. Precision Drilling Corp. case has highlighted the vulnerability of employers to FLSA lawsuits related to donning and doffing safety gear. The ruling requires a case-by-case analysis of the ‘intrinsic’ or ‘integral’ nature of these activities, with juries responsible for determining if compensation is necessary. Employers and HR professionals should review their compensation and overtime policies regarding donning, doffing, and other preliminary/postliminary activities to ensure compliance with labor laws. Given the wide-reaching implications of this decision, organizations must prioritize fair compensation practices and actively maintain legal compliance.

Explore more

What’s the Best Backup Power for a Data Center?

In an age where digital infrastructure underpins the global economy, the silent flicker of a power grid failure represents a catastrophic threat capable of bringing commerce to a standstill and erasing invaluable information in an instant. This inherent vulnerability places an immense burden on data centers, the nerve centers of modern society. For these facilities, backup power is not a

Has Phishing Overtaken Malware as a Cyber Threat?

A comprehensive analysis released by a leader in the identity threat protection sector has revealed a significant and alarming shift in the cybercriminal landscape, indicating that corporate users are now overwhelmingly the primary targets of phishing attacks over malware. The core finding, based on new data, is that an enterprise’s workforce is three times more likely to be targeted by

Equinix Wins Approval for Slough Data Center Campus

A Landmark Digital Infrastructure Project Takes Root in the UK In a move set to significantly bolster the UK’s digital infrastructure, colocation giant Equinix has secured planning permission to develop a major new data center campus in Slough. The approval from Slough Borough Council gives the green light to transform a historic former industrial site into a state-of-the-art digital hub,

Trend Analysis: Local Data Center Resistance

In a powerful illustration of a growing national trend, residents of the small Michigan town of Howell Township successfully pushed back against a colossal tech development, forcing the withdrawal of a 1,000-acre data center proposal. As our reliance on the digital world deepens, the physical infrastructure required to support it is meeting unprecedented opposition in local communities. This analysis examines

How Do Hotel Hacks Lead To Customer Fraud?

A seemingly harmless email confirmation for an upcoming hotel stay, a document once considered a symbol of travel and relaxation, has now become a critical vulnerability in a sophisticated cybercrime campaign that directly targets the financial security of travelers worldwide. What begins as a simple booking confirmation can quickly devolve into a carefully orchestrated trap, where cybercriminals exploit the trust