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Following Suit: Egress/Regress Lawsuit Updates

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Egress/regress lawsuits are similar to unpaid wages lawsuits in that they allege employees are not properly paid for all time worked. What sets them apart, however, are the duties that are being performed off the clock. Egress/regress lawsuits (sometimes called donning and doffing lawsuits) allege that employees should be paid for time spent putting on or taking off required safety gear or uniforms, logging in to or out of computer systems for call centers, waiting for security checks so they can leave their workplace, attending mandatory meetings or walking to or from their job site in uniform (such as at theme parks, where the employee must be dressed in character prior to setting foot on park grounds and required to answer guest questions while in character). These activities can add up to a half an hour or more of unpaid work per shift for an employee; and if the employee works full-time, that could mean that the employee is missing out on overtime pay.

In one such lawsuit, Tyson Foods lost its appeal of a $4 million award, in which plaintiffs alleged Tyson violated the Fair Labor Standards Act by not paying for time spent putting on and taking off protective gear.

Lawsuits involving police officers donning and doffing their uniforms have wound up with mixed results. One such lawsuit was settled out of court for $72,000 while another was thrown out of court.


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