Mullica Hill, NJ asked in Employment Law for New Jersey

Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms

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3 Lawyer Answers

A: Unless you are a union member or work in an agency shop and the union has negotiated a collective bargaining agreement that provides your employer does not have to pay you for the time spent changing into the required clothing, an employer must pay you for the time you spend changing into required protective clothing at your place of employment.

In the old days of time clocks, you would punch in before going to the locker room to change clothes.

Paula M. Dillon
PREMIUM
Paula M. Dillon
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing" should be considered an indispensable and integral part of the job, and those compensable time. However, not all employers view it as such. You can call OSHA and/or DOL Wage and Hour for further information. If your employer fires you for asking about it, you may have another cause of action.

Paula M. Dillon
PREMIUM
Paula M. Dillon
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing" should be considered an indispensable and integral part of the job, and those compensable time. However, not all employers view it as such. You can call OSHA and/or DOL Wage and Hour for further information. If your employer fires you for asking about it, you may have another cause of action.

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