Martin & Jones Blog

On November 25, 2009, the 7th Circuit Court of Appeals ("COA"), in Musch v. Domtar Industries, held that employees' daily post-shift activities of changing clothes and showering due to potential chemical exposure in employer's paper mill was NOT so integral and indispensable to employment that it was subject to overtime compensation under the FLSA.

Specifically, the COA held that while Plaintiffs at times needed to shower due to occasional chemical exposure, the Court found that the facts revealed that such exposure was not so pervasive requiring these post-shift activities on a daily basis.  In fact, the employer's policy required employees chemically exposed on the job to immediately remove any affected clothing and wash the affected area.  Further, the employer compensated its employees for the time spent in changing clothes and showering when necessitated by the exposure to the hazardous chemical.