Follow federal FLSA rules to pay for ‘donning & doffing’

Good news for Minnesota employers that have been worried about how to pay employees for the time they spend putting on and taking off protective clothing before and after their shifts: Paying overtime as required by federal law generally means no additional payment is due under Minnesota law.

Recent case: Former and current production workers for Jennie-O, which operates six turkey processing plants in Minnesota, sued. They alleged they were due compensation for the time spent donning and doffing protective clothing under the Minnesota Fair Labor Standards Act (MFLSA).

But the MFLSA only mandates overtime for working more than 48 hours in a workweek. Because the workers received time-and-a-half for working more than 40 hours but less than 48 hours, they already got the extra pay they were entitled to receive. (Rios v. Jennie-O Turkey, No. A10-419, Court of Appeals of Minnesota, 2011)