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.
Argued: October 28, 2009
Decided: December 29, 2009
Opinion by Circuit Judge Wilkinson
For Appellant: C. Christopher Brown, Brown Goldstein & Levy, LLP
For Appellee: Arthur Mortimer Brewer, Shawe & Rosenthal, LLP