Legal update from the IUPA:

I hope that all is well with you and your local. 

There have been two recent decisions on the issues of whether officers are entitled to pay for putting on and taking off (donning and doffing) uniforms and equipment.  While one court ruled for the officers, and the other against the officers, both courts followed what so far is the rule adopted by most courts: that if officers are required (by policy or necessity) to change at work they are entitled to pay for that time; however, if officers have the option to change at home they are not entitled to pay even if they choose to change at work.

The Court in Bamonte v. City of Mesa, 2008 WL 1746168 (D.Ariz., April 14, 2008), explained that “donning and doffing of police uniforms and protective gear is not compensable work under the FLSA where neither the law, the police department, nor the nature of police work mandate that officers change at the station or reporting place.”  The Court then ruled against the officers explaining that “the court concludes that [the officers] have both the option and the ability to don and doff their uniforms and protective gear at home. Consequently, such donning and doffing . . .  does not require compensation.”

The Court in Maciel v. City of Los Angeles, 2008 WL 833963 (C.D.Cal. March 21, 2008) ruled in favor of the officers finding that for “all practical purposes, the equipment must be donned and doffed at the assigned station.”  The Court rejected the employers argument that it allowed officers to change at home, and focused on whether the officers could change at work as a practical matter.  The Court also found that the amount of time was not so small that it should not be counted as hours worked.

I have pasted below and attached a Legal Update explaining the decisions to date on this question.  Please feel free to publish this (or the short description above) in I.U.P.A. union newsletters or websites.  However, please read the material carefully to make sure it is appropriate for your audience.  I have copies of all of the cases that are cited, as well as the Department of Labor Opinions and other material on this subject. Further, the I.U.P.A. can assist your local in litigating any violations of the FLSA.

As always, please let me know if you have any questions, or if there is anything we can do to help your local.

Aaron Nisenson

General Counsel

I.U.P.A.