Should I be paid for time spent putting on safety gear?

Should I Be Paid for Time Spent Putting on Safety Gear?

If you’re asking, “Should I be paid for time spent putting on safety gear?”, the answer often depends on your specific job, industry, and employer policies. However, under both Ohio law and the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing protective gear, especially when it’s essential to job performance or mandated by law.

This issue frequently arises in industries like manufacturing, food processing, construction, and healthcare. If putting on gear is integral to your job duties, you could have a claim for unpaid wages or unpaid overtime.

Should I Be Paid for Time Spent Putting on Safety Gear Under the FLSA?

The FLSA requires that employees be paid for all “hours worked,” which includes activities that are integral and indispensable to their principal work activities. In IBP, Inc. v. Alvarez, 546 U.S. 21 (2005), the U.S. Supreme Court held that employees must be paid for time spent walking to workstations after donning required protective gear because it was essential to their duties.

So yes – if your job requires you to wear safety gear such as helmets, gloves, steel-toe boots, gowns, respirators, or other protective equipment, and you must put it on at work, that time may be compensable under federal law.

How Does Ohio Law Treat Time Spent Putting on Protective Gear?

Ohio follows federal labor standards, which means the same rules typically apply. If putting on gear is required for your safety, sanitation, or to meet regulatory compliance, your employer may be required to pay for that time.

This includes:

• Time spent changing into required gear before your shift

• Time spent removing it after your shift ends

• Time walking to or from workstations in that gear

Ohio courts have considered whether the activity is compulsory and if it benefits the employer. If both are true, failing to pay employees for that time could result in violations of state and federal wage laws.

When Is Gear-Up Time Not Paid?

Employers are generally not required to pay for time spent changing clothes or putting on gear if:

• The gear is not required by the employer or law

• The time is deemed “de minimis” (very minimal and hard to track)

• A valid collective bargaining agreement excludes compensation for that activity

However, courts are skeptical of the “de minimis” defense when gear-up time is regular and part of the daily routine. In Sandifer v. U.S. Steel Corp., 571 U.S. 220 (2014), the Supreme Court held that whether or not employees must be compensated for changing clothes depends on the nature of the gear and any applicable union agreement.

If no such agreement exists, and the gear is required for health, safety, or sanitation, compensation is likely due.

What Counts as Safety Gear?

Protective equipment that may require paid time to don/doff includes:

• Flame-resistant or chemical-resistant clothing

• Hard hats and safety goggles

• Gloves, aprons, and steel-toe boots

• Respiratory equipment

• Surgical gowns or PPE in healthcare settings

• Hairnets, face shields, and other hygienic gear in food production

If you’re required to wear gear to comply with OSHA standards, company policy, or state regulations, that time likely qualifies as compensable.

What Should I Do If I’m Not Being Paid for This Time?

If you believe you’re not being paid fairly for time spent changing into or out of safety gear, take the following steps:

1. Track your time – Record how long it takes to don and doff gear daily.

2. Document requirements – Keep written evidence of your employer’s gear policy.

3. Talk to coworkers – Others may be experiencing the same issue.

4. Consult an employment lawyer – Legal counsel can assess whether your employer’s practices violate Ohio or federal law.

The more regular and required the gear-up activity is, the stronger your case may be. Time spent preparing for work should not go uncompensated when it benefits your employer and is mandatory for your role.

Contact Coffman Legal for a Free Consultation

Still wondering, Should I be paid for time spent putting on safety gear? You may be owed significant compensation. The employment lawyers at Coffman Legal represent Ohio workers in wage disputes, including cases involving donning and doffing violations.

Call us today for a free consultation. We’ll help you determine if your time is being illegally excluded from your paycheck, and what you can do about it.