Hormel operates a 290-employee facility in Beloit, Wisconsin, which prepares, cans and ships a variety of "shelf-stable" canned goods. Hormel requires its employees to arrive prior to the start of their shift in order to change into (don) hardhats, hearing protection, eye protection, hairnets, shoes and clean clothes (collectively referred to as "whites"). The employees are not paid for this time, but are paid upon commencement of their scheduled shift until they "swipe out" at the end of their shift. After swiping out, the employees must then change out of (doff) their whites before leaving the facility. The median time it takes an employee to don and doff their whites, wash their hands and walk to and from their workstation is 5.7 minutes per day, or approximately 24 hours per year. Since Hormel was not compensating its employees for the time spent donning and doffing their whites, the employees' union filed a class action lawsuit alleging that the employees were working more than 40 hours a week without being paid overtime.
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Agenda
Faculty
Robert J. Simandl
von Briesen & Roper, s.c.
- Founding member and principal at Simandl Law Group, S.C.
- More than 25 years of experience advising clients on a wide range of employee benefit, labor and employment law issues
- Counsels employers on all aspects of workplace compliance responsibilities
- Served as an advisor to several legislators in drafting the federal Family and Medical Leave Act and served on the Wisconsin Family and Medical Leave Task Force
- Frequent speaker and has written numerous pubilcations
- J.D. degree, cum laude, Marquette University Law School; Undergraduate degree, with honors, Univeristy of Wisconsin-Milwaukee
- Can be contacted at 262-923-8651 or [email protected]
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