“Donning and doffing” refers to the time employees spend putting on and removing required clothing, protective equipment, safety gear, or other work-related items. Whether this time must be paid can present significant compliance challenges for employers under both federal and state wage and hour laws. 

Because compensability depends heavily on the specific facts and circumstances of the work being performed, employers should carefully evaluate their practices and consult legal counsel when necessary. 

Arizona: Focus on the “Integral and Indispensable” Analysis 

Under the Fair Labor Standards Act (FLSA), courts generally apply the “integral and indispensable” test when determining whether donning and doffing time is compensable. This analysis looks at whether the activities are a necessary and essential part of the employee’s principal job duties. 

Given the fact-specific and multi-factor nature of this standard, Arizona employers should exercise caution before excluding donning and doffing time from compensable hours worked. A few key best practices include:  

1. Evaluate Required Gear and Equipment. Review whether employees are required to wear specialized protective equipment, uniforms, or tools that are essential to performing their primary job duties. 

2. Assess Pre-Shift and Post-Shift Activities.Examine whether employees are performing required activities before or after their scheduled shifts that may qualify ascompensable work time under the FLSA. 
3. MaintainClear Timekeeping Policies.Ensure policies and timekeeping procedures accurately capture all potentially compensable work activities, including required preparatory or concluding tasks. 

California: Apply a Broader Standard 

California law generally requires employers to compensate employees for time spent changing clothes or washing on the employer’s premises when those activities are required by the nature of the employer’s business. California courts often apply a broader interpretation of compensable work time than federal law. 

As a result, California employers should carefully assess whether employees are effectively under the employer’s control while performing donning and doffing activities. A few key best practices include: 

1. Determine Whether On-Site Changing Is Required. Evaluate whether employees are required to change into uniforms, protective gear, or specialized clothing at the worksite due to business or safety requirements. 
2. Review Wage and Hour Policies Regularly. Conduct periodic reviews of payroll and timekeeping practices to ensure all required pre-shift and post-shift activities are being properly compensated. 
3. Train Supervisors on Compensable Time Issues. Ensure managers and supervisors understand when preparatory and concluding activities may constitute compensable work time under California law. 

Because donning and doffing issues are highly fact-specific and subject to evolving legal and state specific standards, employers should consult experienced employment counsel before implementing policies that exclude preliminary or postliminary activities from paid time.