Gerber Products Co. v. Hewitt

Summary

The Supreme Court of Arkansas affirmed a circuit court ruling that mandatory donning and doffing activities, related preparation, and certain walking and waiting time constituted compensable work under the Arkansas Minimum Wage Act. The court held that the Act does not incorporate the Fair Labor Standards Act's 29 U.S.C. § 203(o) exception for clothing-changing time and that a collective-bargaining agreement could not waive the statutory compensation requirement.

Holdings

1. Mandatory donning and doffing activities, including changing clothes and shoes, applying protective equipment, lint rolling, and washing hands, constitute compensable work under the Arkansas Minimum Wage Act because they are required by Gerber's procedures and performed for Gerber's benefit.
2. Post-donning walking time to the place of duty and pre-doffing walking time from the time clock to the place of doffing are compensable when they are associated with the mandatory compensable activities.
3. The Arkansas Minimum Wage Act does not incorporate the FLSA's § 203(o) exception for clothes-changing and washing time excluded by a collective-bargaining agreement, custom, or practice.
4. A collective-bargaining agreement or custom and practice treating mandatory donning and doffing as noncompensable does not permit an employer to avoid the AMWA's overtime requirements.

Questions Presented

1. Whether mandatory donning and doffing, related preparation activities, and associated walking and waiting time constitute compensable work under the Arkansas Minimum Wage Act.
2. Whether the Arkansas Minimum Wage Act incorporates the Fair Labor Standards Act's 29 U.S.C. § 203(o) exception permitting exclusion of certain clothes-changing and washing time pursuant to a collective-bargaining agreement or custom and practice.
3. Whether the collective-bargaining agreement permitted Gerber to exclude the disputed activities from compensable time under the Arkansas Minimum Wage Act.

Disposition

affirmed