Angola, IN asked in Employment Law for Illinois

Q: Can a Company make you where a work uniform and then make you work 8 hours clock out in your uniform and then change.

Work at a bakery

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA

A: This question concerns the "donning and doffing" rule. When the uniform or other special equipment is worn for the convenience of the employer, the time to put it on and take it off is ON THE CLOCK. This could be under either your state's law or under the FLSA.

Keep track of how long it takes you to change both at the beginning of the shift and at the end of the shift, for two weeks and then figure the average.

Look for an Illinois Dept of Labor website to see if there is information there about this.

A second factor that will work in the employer's favor is the "deminimus" rule, which means that when the amount of time is "deminimus" or very small, such as 2-3 minutes, the employer many not be obligated to pay. But you would have to be the FLASH to be able to do it in that time. What are the increments on the time clock? In order to be deminimus, you can argue it would have to be smaller than that. Many time clocks go by 1/100 hour which makes it less than one minute.

Contact a local Illinois employment law attorney.

Good luck, this is WAGE THEFT, do't let them get away with it. You are not a croissant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.