The Meaning of 'Clothes'

A case pending before the Supreme Court is putting a new spin on the question, “What are you wearing?” In Sandifer v. U.S. Steel Corp., No. 12-417, a group of unionized steelworkers at a Gary, IN, factory claim that their employer violated the Fair Labor Standards Act by failing to pay them for time spent changing into flame-retardant suits, steel-toed boots, hardhats, gloves, and other protective items, even though their union has agreed to exclude that time from the compensable workday. The case turns on whether the protective gear the employees wear can be considered “clothes” under ' 203(o) of the FLSA.