Are You Being Paid to Put On and Remove Required Work Gear?
Employees who spend time putting on or removing required protective equipment or specialized work gear before or after their scheduled shifts may be entitled to compensation under federal or state wage-and-hour laws. These activities are commonly known as “donning and doffing.” When legally compensable time is excluded from recorded work hours, employees may be owed unpaid wages or overtime.
When Is Donning and Doffing Time Paid?
Under the Fair Labor Standards Act (FLSA), covered, nonexempt employees generally must receive overtime pay for hours worked over 40 in a workweek. Time spent putting on or removing work gear may be compensable when those activities are integral and indispensable to an employee’s principal work duties.
However, not all clothing changes or pre-shift and post-shift activities are compensable. Exceptions and exclusions may apply, including special rules for certain clothes-changing time under collective bargaining agreements.
The U.S. Department of Labor provides guidance on compensable working time in Fact Sheet #22: Hours Worked Under the FLSA. Whether donning and doffing time must be paid depends on the work performed, the gear involved, workplace requirements, and applicable law.
Campbell’s and Pepperidge Farm: An Example
In Humphrey v. The Campbell’s Company, No. 25-cv-15108 (D.N.J.), food-production employees alleged that they were required to put on sanitary protective gear before clocking in, walk to their work areas, and remove the gear after clocking out. They alleged that this uncompensated time caused them to work more than 40 hours in certain weeks without receiving all overtime compensation owed. The employees also challenged alleged downward rounding of recorded work time.
On September 30, 2026, the court denied the defendants’ motion to dismiss, finding that the employees had sufficiently pleaded their claims to proceed. The ruling did not determine whether the disputed activities were ultimately compensable or whether the defendants violated wage-and-hour laws.
Are You Performing Required Work Off the Clock?
Potential unpaid-wage issues may arise when employees spend uncompensated time putting on or removing specialized protective equipment or performing other required work activities before or after their scheduled shifts. Even a few unpaid minutes each shift may matter, particularly for employees regularly working 40 hours or more per week.
Whether that time is compensable depends on the nature of the activities, workplace requirements, timekeeping practices, and applicable federal and state wage-and-hour laws.
Contact Kehoe Law Firm About Unpaid Donning and Doffing Time
Kehoe Law Firm, P.C. represents employees in wage-and-hour matters involving unpaid wages, overtime violations, and other unlawful compensation practices.
If you are a current or former employee who spends unpaid time putting on or removing required work gear or performing other required activities before or after your scheduled shifts, Kehoe Law Firm can evaluate your circumstances to determine whether you may have a claim for unpaid wages or overtime compensation.
For a free, no-obligation legal evaluation:
Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, as well as ERISA and retirement plan litigation. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.
Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.
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