Supreme Court upholds pay for Gerber employees in dressing for work | Arkansas Blog

Thursday, May 26, 2016

Supreme Court upholds pay for Gerber employees in dressing for work

Posted By on Thu, May 26, 2016 at 9:21 AM

The Arkansas Supreme Court, in a 4-3 ruling today, has upheld a lower court's finding that Gerber Products must pay its Fort Smith workers for the time they spend putting on and taking off work uniforms. The process takes about four hours a week and must be performed at the plant, the suit said. The case is worth about $3 million in claimed pay.

Justice Karen Baker wrote the opinion for the majority. Chief Justice Howard Brill and Justices Rhonda Wood and Jo Hart dissented.

The company argued the donning/doffing pay had essentially been bargained away in a collective bargaining agreement with workers that paid them all well above the minimum wage. The employees' attorney said that right had not been explicitly bargained away and the the minimum wage law prohibited the effect of Gerber's position — non-payment of overtime for hours in excess of 40 in a week.

Here's the majority opinion. It said the process of donning and doffing clothing and other sanitary steps constituted compensable work. The minority said it could open the floodgates to similar cases. More reaction compiled here by AP.

Tags: , , , ,

From the ArkTimes store

Favorite

Comments (6)

Showing 1-6 of 6

Add a comment

 
Subscribe to this thread:
Showing 1-6 of 6

Add a comment

More by Max Brantley

Readers also liked…

  • Auditor Lea caught not telling the truth

    State Auditor Andrea Lea, who began her tenure in statewide office with a degree of competence unseen in some other Republican counterparts (think Treasurer Dennis Milligan particularly), is becoming more deeply mired in a political scandal.
    • Mar 4, 2016
  • Payday lenders on the march at legislature

    Payday lenders are working hard to get legislative cover for the reintroduction of their usurious loan business to Arkansas. Some are fighting back.
    • Mar 10, 2017
  • Another Republican miracle-working governor

    Great piece in Washington Post on the budget crisis in Louisiana. Big tax cuts and corporate welfare will do that to a state, particularly to a state whose previous governor, Republican Bobby Jindal, refused to join the Obamacare-funded Medicaid expansion. There's a lesson there for Arkansas.
    • Mar 4, 2016

Most Shared

  • Discussion: State killing of the mentally ill

    The Arkansas Coalition to Abolish the Death Penalty and others will have a forum on mental illness and the death penalty at 6:30 p.m. Monday at the Bowen School of Law's Friday Courtroom.

Most Viewed

  • Dear Little Rock,

    This is not a love letter, Little Rock, though we do love you. This is an intervention.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation