Legal Question in Employment Law in New York

I work first shift at Pfizer in Pearl River. Shift start time is 7:00. Shifts overlap by 1/2 hour. There is a shift huddle at the start of each shift, at which time any issues that occurred on the previous shift are discussed, and the plan for what will be done on the current shift are discussed. Shift huddle is at exactly 7:00, at which time you are locked out from the shift huddle and written up as late for shift huddle if you are not on the floor. A job requirement is to change clothes, because you are not even allowed on the shop floor in street clothes. this requires that you have to be there at least 10 minutes before you are on time to do this on your own time, since to do this you have to walk to the locker room, change into company provided clothes, go through air locks to get to the area, hair nets, beard covers, aseptic gloves, two pair of shoe covers, safety glasses, etc. Have discussed this with supervisor and been told this is completely legal. However, I don't trust anyone in management, because they would rather fire someone than give them the severance package negotiated by the union, for staying on the job until they close the site. Is this really legal?


Asked on 1/18/13, 4:38 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Paying employees for mandatory changing of clothes is an oft-litigated area of overtime and wage law. The standard differs from one industry to the next but the general rule is that if the clothes change primarily benefits the employer, then it is compensable.

That being said, you mentioned being a member of a Union. As union benefits are collectively bargained for and agreed to, you may be bound by the terms of your CBA and if it makes no mention of payment for clothes changes (referred to as 'donning and doffing'), then you probably cannot seek recovery for time spent performing those activities.

To be sure, it may be beneficial to discuss this over the phone. Please call for a free telephone consultation to determine if in fact you are a union member bound by your CBA.

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Answered on 1/18/13, 5:01 pm


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