A conditionally certified class of aluminum factory workers claims that their employer failed to compensate them for time spent arriving early for shift relief, donning and doffing personal protective equipment (PPE) on company premises, walking from the locker room to the work site, and showering at the end of their shift.

What happened. The workers were employed by Alcoa, Inc., in an aluminum smelting facility in Massena, New York—generally between September 15, 2007, and September 15, 2010. They worked in the potroom, where smelting potlines reduce certain materials to create molten aluminum and/or the ingot department, where molten aluminum is mixed with other elements to create alloys that are cast into round ingots, which are, in turn, fabricated into various materials and product components.

In both areas of the factory, employees are required to wear employer-provided flame retardant shirts and pants, steel-toed boots, spats, hard hats with snoods that cover the back of the neck, and safety glasses. For certain tasks, employees put on the following items during the course of their paid shifts: ear plugs, gloves, flame retardant jackets, dust masks, and face shields. Employees are not allowed to launder their flame retardant clothing at home, but they may put on (“don”) and take off (“doff”) such clothing at home. However, most choose to don and doff that clothing in a work locker room.

The employees sued, arguing that Alcoa failed to properly compensate them under the Fair Labor Standards Act (FLSA).

What the court said. The U.S. District Court for the Northern District of New York, granted summary judgment to Alcoa, agreeing with the company that the time the employees spend arriving early for shifts, donning and doffing the PPE, showering after shifts, and walking from the locker room to their work location is not compensable under the FLSA.

The court noted that employees are not required to arrive early for scheduled shifts, the PPE is not “integral and indispensable” to their jobs, their walking time occurs before their first principal activity and after the end of their last principal activity, and Alcoa does not require workers in the potroom and the ingot department to shower. Adams, et al. v. Alcoa, Inc., U.S. District Court, N.D. New York, No. 7:07-CV-1291 (GHL) (9/28/11).

Point to remember: Employers must consider a variety of factors when determining whether the time their employees spend donning and doffing personal protective equipment is compensable, including whether the PPE is “indispensable and integral” to the employees’ jobs.