IBP, Inc. v. Alvarez

IBP, Inc. v. Alvarez, 546 U.S. 21 (2005), was a United States Supreme Court case in which the Court expanded worker protections initially outlined in the Federal Labor Standards Act (FLSA) of 1938, as amended by the Portal-to-Portal Act of 1947. Workers for the Iowa Beef Processors, Inc. (IBP, Inc.), now known as Tyson Foods, Inc., filed a class-action lawsuit requesting reparations for unpaid wages. Workers were not being paid for time spent putting on and taking off protective gear, nor for time walking to and from the changing area. IBP, Inc. argued that changing into protective gear did not constitute a “principal activity” of the job, and thus was not compensable by law.

Opinion of the Court

The Supreme Court ruled unanimously in the workers' favor. According to the opinion released, donning protective gear and walking to and from changing areas are “integral and indispensable” to the job's “principal activities”, and must, therefore, be compensated.

The court moderated its opinion slightly, siding with the employer regarding time waiting in line for protective gear. This waiting time, “two steps removed from principal activities”, is not compensable under FLSA regulations. However, time spent waiting to doff protective gear before leaving at the end of the workday is compensable. Further, compensable work hours begin at the time the employer asks employees to arrive. If employees are forced to wait at the beginning of their shift because the employer does not yet have protective gear available, employees will be compensated for their waiting time.

Implications

IBP, Inc. v Alvarez encourages employers to minimize barriers to the use of protective gear. Employers who devalue the protection of their employees by having insufficient gear, or small or distant changing areas will suffer reduced efficiency resulting from paid, unproductive work hours.

History

This case overturned a previous ruling by the United States Court of Appeals, First Circuit, in Tum v Barber Foods, Inc in 2003. Forty-four employees filed a class action suit against Barber Foods, Inc., identical in nature to employees' complaints against IBP, Inc. Barber Foods successfully argued that time spent donning and doffing protective gear was minimal (2–4 minutes per day) and not included in productive work activity. Thus, Barber Foods was not required to compensate employees for time spent changing, waiting or walking between the changing room and the meatpacking floor.

References

1. IBP, Inc. v Alvarez. 546 US. 21 US Sup. Ct. 2005.
2. “IBP v Alavarez.”Duke Law. September 2010. <http://www.law.duke.edu/publiclaw/supremecourtonline/certGrants/2005/ibpvalv>
3. Mize, Katherine and Laurence Stuart. “Supreme Court Rules: Time Spent Preparing to Work Starts the Time Clock.” Labor and Employment Matters. November 2005. September 2010. < http://www.leggefarrow.com/docs/111505_Newsletter_Supreme_Court_Rules_Time_Spent_Preparing_to_Work_Starts_the_Time_Clock.pdf>
4. Pautler, Paul, Terry Potter, Virginia Fry and Nicole Theophilus. “Don and Doff the Day’s Apparel: IBP, Inc. v Alvarez.” Martindale.com. 7 December 2005. September 2010. < http://www.martindale.com/labor-employment-law/article_Husch-Blackwell-Sanders-LLP_201596.htm>
5. “Tum v Barber Foods, Inc.” 331 F. 3d 1 United States Court of Appeals, First Circuit. 2003.