Vision Payroll

June 6, 2010

Ninth Circuit Rules No Pay for Police Officers for Time Spent Donning and Doffing Uniforms and Gear

The US Court of Appeals for the Ninth Circuit recently affirmed that police officers in the city of Mesa, Arizona were not entitled under the Fair Labor Standards Act (FLSA) to be paid for time spent donning and doffing their uniforms and protective gear, in the case of Fred Bamonte, et al. v City of Mesa, 08-16206 (9th Cir. 3/25/2010). According to the appeals court, since “officers had the option of donning and doffing their uniforms and gear at home, the district court determined that these activities were not compensable pursuant to the FLSA and the Portal-to-Portal Act.” The court agreed with this determination and affirmed the district court granting of summary judgment in favor of the City of Mesa. Since many factors affect determinations of compensable time under the FLSA, Vision Payroll strongly recommends employers consult with a competent labor law attorney to assure compliance with the FLSA.

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