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Perspective

Apr. 2, 2010

9th Circuit Denies Compensation For Dressing at Work

Colleen Smith and Aryn Thomas of Latham & Watkins discuss the 9th Circuit decision denying compensation to police officers for changing into and out of their uniforms at work.

By Colleen Smith and Aryn Thomas

Employers take note: "Donning and doffing" an employment law catchphrase referring to the act of putting on and taking off one's uniform or required gear is poised to enter the common parlance. This hot legal issue stems from the requirement in the Fair Labor Standards Act (FLSA) that employers must pay employees for all "hours worked." Although the Supreme Court and Congress have weighed in on various aspects of the question "what activ...

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