United States Court of Appeals For the Seventh Circuit
Employment — FLSA
Time spent showering and changing clothes on-site may be compensable, even though OSHA has not mandated it.
“The district court granted summary judgment in favor of Waupaca, ruling that showering and changing clothes at Waupaca was not compensable under the FLSA because the Occupational Safety and Health Administration (‘OSHA’), the administrative agency within the Department of Labor responsible for promulgating and enforcing occupational safety and health standards, had not mandated that workers in foundries like Waupaca’s shower and change clothes on-site. The district court so ruled despite the fact that there was a factual dispute in this case as to whether these activities significantly reduced workers’ health risks at Waupaca. Because OSHA’s decision not to promulgate a rule requiring such activities does not bar a party from presenting evidence as to the compensability of such activities under the FLSA and factual disputes otherwise preclude summary judgment, we reverse the district court’s grant of summary judgment and remand for further proceedings.”
Reversed and Remanded.
Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Lee, J.