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August 05, 2016

Payment for time involved in donning and doffing of uniforms


Payment for time involved in donning and doffing of uniforms
Perez v The City of New York, USCA, Second Circuit, Docket #15-315 [Source: Justia Daily Opinion Summaries]

Justia reports that “[s]everal active and former Assistant Urban Park Rangers (AUPRs) employed by the [New York] City's Parks Department alleged that they, and others similarly situated, were not paid in accordance with the requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. The district court granted partial summary judgment for defendants and closed the case without further proceedings.

“On the current record, the [Circuit] court could not conclude as a matter of law that plaintiffs╩╣ donning and doffing of uniforms were not integral and indispensable to their principal activities as AUPRs - the sole ground on which the district court granted partial summary judgment. Therefore, the [Circuit] court remanded to allow the district court to decide, in the first instance, whether plaintiffs╩╣ donning and doffing are nevertheless noncompensable as a matter of law under the de minimisdoctrine or the terms of a collective bargaining agreement.” 

The Perez decision is posted on the Internet at:

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