Wisconsin employers must pay employees for donning and doffing PPE

Unbder Wisconsin's wage law, employers can't use collective bargaining to modify or eliminate their duty to pay employees for the time they spend donning and doffing personal protective equipment (PPE), the state supreme court ruled earlier this year. The decision changes the collective bargaining landscape in the state, particularly because the Fair Labor Standards Act (FLSA) expressly allows for collective bargaining over compensation for time spent donning and doffing. It’s critical for Wisconsin employers to understand the ruling's implications to insulate themselves from liability.

Background

Jones Dairy Farm (JDF) is a food production facility, and its employees are required to wear PPE. They must don the required gear at the beginning of their shifts and doff it at the end. Historically, JDF employees’ wages were determined by a collective bargaining agreement (CBA) between the company and the United Food and Commercial Workers International Union, Local 538.

The 1979 CBA stated  employees would be compensated for donning and doffing PPE. During negotiations in 1982, the parties stipulated that the daily credit for time spent donning and doffing would be reduced from 12 to 6 minutes. In 1985, the union agreed to eliminate the provision altogether.

In 1994, the union proposed that JDF once again pay employees for 12 minutes of donning and doffing time. At some point during the negotiations, it withdrew the proposal.