Work for Pay Purposes Defined by Federal Court

The┬áSeventh Circuit Court of Appeals recently decided the appeal of employees asking to be paid for time spent washing off at the end of a shift, which would sometimes cause overtime. The Seventh Circuit is the federal appellate court covering cases arising in Wisconsin and other states in the Midwest. In Musch v. Domtar Industries, Inc., 587 F.3d 857 (7th Cir. 2009), the court┬ástated that under wage laws, an employer must “pay their employees a wage for all the ‘work’ they do.” In looking at both Federal and Wisconsin wage laws, the court said that “work” is defined as “physcial or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” In this case, the court found that time employees spent washing up at the end of a shift was not “work” under this definition. The employees worked around hazardous chemicals and showered at work after their shift. The employees apparently did not present evidence that they has known exposures to the chemicals each day, and the employer did pay for this wash time when an employee had a known exposure.

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