Employment — wage claims

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Wisconsin Court of Appeals

Civil

Employment — wage claims

Time employees spending donning and doffing work clothes must be compensated.

“In sum, the donning and doffing of this equipment and clothing at the Tyson plant is required by Tyson in order for the employees to perform their principal activities, is closely related to those activities, and is indispensable to their performance.  The activity of donning and doffing is not for the mere convenience of the employees, and it does not in any way resemble the mechanical steps of entering and exiting the workplace, the subject of the final caveat of the third example.  Our interpretation of the more specific code provision, WIS. ADMIN. CODE § DWD 272.12(2)(e)c., is further supported when that provision is read in the context of the ‘general requirements’ of § DWD 272.12(1)(a)1., as discussed earlier.”

Reversed.

Recommended for publication in the official reports.

2012AP2196 Weissman v. Tyson Prepared Foods, Inc.

Dist. IV, Jefferson County, Hue, J., Blanchard, J.

Attorneys: For Appellant: Phebus, Douglas J., Middleton; For Respondent: Krukowski, Thomas P., Milwaukee; Kopplin, Keith E., Milwaukee; Head, Brittani S., Washington D.C.; Deutsch, Ruthanne M., Washington D.C.