Mine work is inherently dangerous, and the use of personal safety equipment is essential to protect workers from various hazards. However, the time spent putting on (donning) and taking off (doffing) this equipment can add up, prompting important questions about overtime pay. Many mine workers and employers alike may wonder: Is the time spent donning and doffing personal safety equipment compensable under overtime laws?
What Does “Donning & Doffing” Mean?
“Donning” refers to the act of putting on required personal protective equipment (PPE) before beginning work, while “doffing” is the process of removing this equipment at the end of a shift. In the mining industry, this could include items such as helmets, steel-toed boots, gloves, respirators, protective suits, and more.
Overtime Compensation
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for all hours worked, including overtime for hours exceeding 40 in a workweek. Several court cases and Department of Labor (DOL) opinions have clarified that time spent donning and doffing required safety gear can be considered compensable work time, especially when it is “integral and indispensable” to the principal activities of employment.
Key Considerations for Mine Workers
- Mandatory Equipment: If the mine operator requires workers to wear certain PPE and the process of putting it on or taking it off is not merely a matter of personal convenience, this time may be compensable.
- Location Matters: If employees must don and doff PPE on the employer’s premises (rather than at home), this is more likely to be considered work time for which employees should be paid.
- Pre- and Post-Shift Activities: Activities performed before the start of a shift or after the ending of a shift that are essential for safety and required by the employer often count as part of the workday under the FLSA
What Should Mine Workers Do?
- Track Your Time: Keep accurate records of when you start donning and finish doffing your safety equipment each day.
- Review Company Policy: Check your employer’s policy on compensating time for safety procedures. Some employers may already include this time in your paid hours; others may not.
- MOST IMPORTANTLY, Understand Your Rights: If you believe you are working overtime hours due to donning and doffing PPE and are not being compensated for this time, you should contact The Lore Law Firm for a free confidential review. There are time deadlines on any overtime claim you may have, so it is important to get a review of your situation as soon as possible.
Michael Lore
Founding Attorney
Michael Lore is the founder of The Lore Law Firm with over 25 years of experience in labor and employment law. He handles cases ranging from unpaid overtime and class actions to executive contracts and personal injury matters in courts nationwide.
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