BY: Jesse Young | IN: Unpaid Wages & Overtime
Reports have surfaced that Massachusetts-based Friendly’s – associated with Dairy Farmers of America Dairy Brands – is denying compensation from ice cream manufacturing employees. If it is proven the company fails to pay workers for all the regular and overtime hours they’ve worked, the wrongful withholding would violate the federal Fair Labor Standards Act (FLSA).
Donning and Doffing of Workers’ PPE
State and federal regulations mandate that food manufacturing workers wear personal protective equipment (PPE) to safeguard them from dangerous machinery while ensuring food safety to protect the public.
Putting on (donning) or taking off (doffing) PPE is a job requirement that adds time to the workday. When employers such as Friendly’s don’t compensate employees for donning and doffing time, they engage in wage abuse – and it’s against the law.
Unlike time spent putting on and taking off a uniform, FLSA pay rules apply to required job activities, including:
The “essential functions” listed in a recent Friendly’s production worker position show the need to wear PPE on the job:
The FLSA requires employers to pay overtime (time-and-a-half) when employees work over 40 hours a week. When donning and doffing time pushes the workweek beyond 40 hours, employees deserve to be paid accordingly.
Talk to Our Experienced Overtime Pay Lawyers Today
Sommers Schwartz’s Unpaid Wages and Overtime Litigation Group has fought for thousands of workers subjected to wage abuse. We’ve helped them obtain compensation for donning and doffing, overtime pay, minimum wage, and other FLSA violations all over the U.S.
We are currently investigating the wage theft reports against Friendly’s. If you are or were a Friendly’s production worker and believe you have been denied wages for the time spent donning and doffing PPE, contact us today to schedule a free consultation to discuss your situation.
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View all posts byJesse Young
Jesse Young represents clients in serious employment disputes, such as severance negotiations, discrimination, retaliation, whistleblowing activity, employment contracts, terminations, and compliance. In addition, he has appeared in hundreds of wage-and-hour lawsuits and hundreds more arbitrations arising under the Fair Labor Standards Act and similar state laws.