Human Resource Blog

Special clothing

In the state of Pennsylvania, if an employer requires special clothing be worn by employees, is the employer required to pay for the time it takes the employee to change into the clothing?

This is generally addressed by the federal FLSA, not state law. It would be great if there were one cut-and-dried answer, but it will vary depending upon the circumstances. In some cases, employers must pay workers to change into special clothing or protective gear. In other cases, the employer is not required to pay the workers.

Suppose Ted works at McDonald’s. He is required to wear a uniform to work. Most days, Ted gets dressed at home. Some days, Ted arrives at work 15 minutes early, in street clothes, and changes into his uniform in the restroom. The employer is under no obligation to pay Ted for the time spent changing into his uniform.

However, suppose Ted works at a nuclear power plant. He is required to arrive at work 15 minutes early and use the employers locker room to change into protective gear. At the end of the shift, he must shower and change out of the protective gear. The employer does not permit protective gear to leave the property, so employees don’t have the option of changing at home. Under these circumstances, the US Department of Labor has determined that the employer must pay the worker for the time spent changing clothes. In legal lingo, it is compensable time.

However, just because a locker room exists, does not mean that the employer must pay workers who use it. Sometimes a locker room is a convienance for the employees. A police department may have a locker room where officers can shower and change out of their uniforms after their shift. Officers are not obligated to use it, and can wear their uniform home if they desire. Under these circumstances, the time spent changing is probably not compensable time.

Usually, if the employer requires employees to use the locker room to change, it is compensable time. If use of the locker room is optional, it is not considered compensable time. But the final determination is made by the US Department of Labor, Wage and Hour Division at www.dol.gov.