(1) What constitutes “changing clothes” within the meaning of section 203(o)?
(2) If a worker’s actions are a principal activity but fall within the scope of the section 203(o) exemption, do those actions nonetheless commence the period of time during which (aside from the clothes-changing time)the worker must be compensated?
(3) If a worker engages in a principal activity which is not exempted by section 203(o), but which involves only a de minimis amount of time, does the activity nonetheless commence the period of time during which the worker must be compensated?Don't get too attached to questions 2 and 3 though . . . per the Supreme Court's Order: "The petition for a writ of certiorari is granted limited to Question 1 presented by the petition." No date set yet, but it should be in the October 2013 term.
Sidenote: Walker Lawrence, one of the employment lawyers on my Twitter emplaw list, is on the Petition for Writ of Certiorari. Congratulations! Follow him for updates on FLSA issues and other employment law goodness.