United States Fourth Circuit

In an action brought by employees and their union against a poultry processing plant under the Fair Labor Standards Act (FLSA), judgment of the district court in favor of defendant is affirmed as the activity of donning and doffing protective gear constitutes "changing clothes" within the meaning of section 203(o) and is therefore not compensable under the prevailing customs or practices at the plant.

Appellate Information

• Argued 10/28/2009
• Decided 12/29/2009
• Published 12/29/2009

Judges

• Before WILKINSON and NIEMEYER, Circuit Judges, and AnthonyJ. TRENGA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:C. Christopher Brown, Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellants. Arthur Mortimer Brewer, Shawe & Rosenthal, LLP, Baltimore, Maryland, for Appellee. ON BRIEF:Jane R. Flanagan, Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellants. Eric Hemmendinger, Teresa D. Teare, Shawe & Rosenthal, LLP, Baltimore, Maryland, for Appellee.