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News | Jan 12, 2011

Another Favorable “Donning and Doffing” Decision

In Franklin v. Kellog Company, 619 F.3d 604 (6th Cir. 2010), the Sixth Circuit Court of Appeals issued a decision that will be helpful to food processing workers seeking recovery for their time spent gathering, donning and doffing safety and protective gear, for time spent cleaning themselves and their gear, and for time spent traveling between the processing line and the cleaning/changing areas. The Court generally held that all of these activities are compensable work that is integral and indispensible to the food processing business. This decision will be a big help for overtime lawyers who seek unpaid overtime and wages for poultry workers, beef workers, and other food processing workers. This is especially true in Tennessee, Ohio, Kentucky, and Michigan, all of which reside within the Sixth Circuit.

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