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

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • 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.

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