Sandifer v. United States Steel Corp.
Sandifer v. United States Steel Corp.
Opinion
The question before us is the meaning of the phrase "changing clothes" as it appears in the Fair Labor Standards Act of
*874
1938,
I. Facts and Procedural History
Petitioner Clifton Sandifer, among others, filed suit under the Fair Labor Standards Act against respondent United *223 States Steel Corporation in the District Court for the Northern District of Indiana. The plaintiffs in this putative collective action are a group of current or former employees of respondent's steelmaking facilities. 1 As relevant here, they seek backpay for time spent donning and doffing various pieces of protective gear. Petitioners assert that respondent requires workers to wear all of the items because of hazards regularly encountered in steel plants.
Petitioners point specifically to 12 of what they state are the most common kinds of required protective gear: a flame-retardant jacket, pair of pants, and hood; a hardhat; a "snood"; "wristlets"; work gloves; leggings; "metatarsal" boots; safety glasses; earplugs; and a respirator.
2
At bottom, petitioners want to be paid for the time they have spent putting on and taking off those objects. In the aggregate, the amount of time-and thus money-involved is likely to be quite large. Because this donning-and-doffing time would otherwise be compensable under the Act, U.S. Steel's contention of noncompensability stands or falls upon the validity of a provision of its collective-bargaining agreement with petitioners' union, which says that this time is noncompensable.
3
The validity of that provision depends, in turn,
*224
upon the applicability of
The District Court granted summary judgment in pertinent part to U.S. Steel, holding that donning and doffing the protective gear constituted "changing clothes" within the meaning of § 203(
o
). No. 2:07-CV-443 RM,
*875
We granted certiorari, 568 U.S. ----,
II. Legal Background
The Fair Labor Standards Act, enacted in 1938, governs minimum wages and maximum hours for non-exempt "employees who in any workweek [are] engaged in commerce or in the production of goods for commerce, or [are] employed in an enterprise engaged in commerce or in the production of goods for commerce."
*225
The Act did not, however, define the key terms "work" and "workweek"-an omission that soon let loose a landslide of litigation. See
IBP, Inc. v. Alvarez,
Organized labor seized on the Court's expansive construction of compensability by filing what became known as "portal" actions (a reference to the "portals" or entrances to mines, at which workers put on their gear). "PORTAL PAY SUITS EXCEED A BILLION," announced a newspaper headline in late 1946. N.Y. Times, Dec. 29, 1946, p. 1. Stating that the Fair Labor Standards Act had been "interpreted judicially in disregard of long-established customs, practices, and contracts between employers and employees," Congress responded by passing the Portal-to-Portal Act of 1947,
The Portal-to-Portal Act limited the scope of employers' liability in various ways. As relevant here, it excluded from mandatorily compensable time
"activities which are preliminary to or postliminary to [the] principal activity or activities [that an employee is employed to perform], which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities."61 Stat. 87 ,29 U.S.C. § 254 (a)(2).
*226
The Department of Labor promulgated a regulation explaining that the Portal-to-Portal Act did not alter what is known as the "continuous workday rule," under which compensable time comprises "the period between the commencement and completion on the same workday of an employee's principal activity or activities ...[,] whether or not the employee engages in work throughout all of that period." 12 Fed.Reg. 7658 (1947) ;
In 1949, Congress amended the Fair Labor Standards Act to address the conduct discussed in that interpretive bulletin-changing clothes and washing-by adding the provision presently at issue:
"Hours Worked.-In determining for the purposes of [the minimum-wage and maximum-hours sections] of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee."63 Stat. 911 ,29 U.S.C. § 203 ( o ).
Simply put, the statute provides that the compensability of time spent changing clothes or washing is a subject appropriately committed to collective bargaining.
*227
In
Steiner v. Mitchell,
As relevant to the question before us, U.S. Steel does not dispute the Seventh Circuit's conclusion that "[h]ad the clothes-changing time in this case not been rendered noncompensable pursuant to [§] 203(
o
), it would have been a principal activity."
III. Analysis
A. "Clothes"
We begin by examining the meaning of the word "clothes."
5
It is a "fundamental canon of statutory construction" that, "unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning."
Perrin v. United States,
Dictionaries from the era of § 203(
o
)'s enactment indicate that "clothes" denotes
items that are both designed and used to cover the body and are commonly regarded as articles of dress
. See Webster's New International Dictionary of the English Language 507 (2d ed. 1950) (Webster's Second) (defining
*228
*877
"clothes" as "[c]overing for the human body; dress; vestments; vesture"); see also,
e.g.,
2 Oxford English Dictionary 524 (1933) (defining "clothes" as "[c]overing for the person; wearing apparel; dress, raiment, vesture"). That is what we hold to be the meaning of the word as used in § 203(
o
). Although a statute may make "a departure from the natural and popular acceptation of language,"
Greenleaf v. Goodrich,
Petitioners argue that the word "clothes" is too indeterminate to be ascribed any general meaning but that, whatever it includes, it necessarily excludes items designed and used to protect against workplace hazards. That position creates a distinction between "protection," on the one hand, and "decency or comfort," on the other-a distinction that petitioners appear to have derived from Webster's Second, which elaborates that "clothes" is "a general term for whatever covering is worn, or is made to be worn, for decency or comfort ." Webster's Second 507 (emphasis added). But that definition does not exclude, either explicitly or implicitly, items with a protective function, since "protection" and "comfort" are not incompatible, and are often synonymous. A parasol protects against the sun, enhancing the comfort of the bearer-just as work gloves protect against scrapes and cuts, enhancing the comfort of the wearer. Petitioners further assert that protective items of apparel are referred to as "clothing" rather than "clothes." They point out that, when introduced by the adjective "protective," the noun "clothing" is used more commonly than "clothes." That is true enough, but it seems to us explained by euphonic preference rather than difference in meaning. We see no basis for the proposition that the unmodified term "clothes" somehow omits protective clothing.
*229
Petitioners' proffered distinction, moreover, runs the risk of reducing § 203(
o
) to near nothingness. The statutory compensation requirement to which § 203(
o
) provides an exception embraces the changing of clothes only when that conduct constitutes "an integral and indispensable part of the principal activities for which covered workmen are employed."
Steiner,
Petitioners' position is also incompatible with the historical context surrounding § 203(
o
)'s passage, since it flatly contradicts an illustration provided by the Labor Department's 1947 regulations to show how "changing clothes" could be intimately related to a principal activity. See
*878
65. And petitioners' position contradicts this Court's only prior opinion purporting to interpret § 203(
o
).
Steiner,
announced less than a decade after the statute's passage, suggested in dictum that, were there a pertinent provision of a collective-bargaining agreement, § 203(
o
) would have applied to the
*230
facts of that case-where workers "ma[d]e extensive use of dangerously caustic and toxic materials, and [we]re compelled by circumstances, including vital considerations of health and hygiene, to change clothes" on the job site.
Petitioners contend that any attempt at a general definition of "clothes" will cast a net so vast as to capture all manner of marginal things-from bandoliers to barrettes to bandages. Yet even acknowledging that it may be impossible to eliminate all vagueness when interpreting a word as wide-ranging as "clothes," petitioners' fanciful hypotheticals give us little pause. The statutory context makes clear that the "clothes" referred to are items that are integral to job performance; the donning and doffing of other items would create no claim to compensation under the Act, and hence no need for the § 203(
o
) exception. Moreover, even with respect to items that can be regarded as integral to job performance, our definition does not embrace the view, adopted by some Courts of Appeals, that "clothes" means essentially anything worn on the body-including accessories, tools, and so forth. See,
e.g.,
Salazar v. Butterball, LLC,
Respondent and its
amici,
by contrast, give the term in question a capacious construction, effectively echoing the
*231
Courts of Appeals mentioned above. On this view, "clothes" encompasses the entire outfit that one puts on to be ready for work. That interpretation is, to be sure, more readily administrable, but it is even more devoid of a textual foundation than petitioners' offering. Congress could have declared bargainable under § 203(
o
)"time spent in changing
outfits,
" or "time spent in putting on and off
all the items needed for work
." For better or worse, it used the narrower word "clothes." "The role of this Court is to apply the statute as it is written-even if we think some other approach might accord with good policy."
Burrage v. United States,
--- U.S. ----, ----,
B. "Changing"
Having settled upon the meaning of "clothes," we must now consider the meaning of "changing." Petitioners assert that when used with certain objects-such as "tire," "diaper," or, indeed, "clothes"-the term "changing" connotes substitution. That is undoubtedly true. See Webster's Second 448 (defining "change" as "to make substitution of, for, or among, often among things of the same kind ...; as, to change one's clothes"). One would not normally *879 say he has changed clothes when he puts on an overcoat. Petitioners conclude from this that items of protective gear that are put on over the employee's street clothes are not covered by § 203( o ).
We disagree. Although it is true that the normal meaning of "changing clothes" connotes substitution, the phrase is certainly able to have a different import. The term "changing" carried two common meanings at the time of § 203( o )'s enactment: to "substitute" and to "alter." See, e.g., 2 Oxford English Dictionary 268 (defining "change," among other verb forms, as "to substitute another (or others) for, replace by another (or others)" and "[t]o make (a thing) other than it was; to render different, alter, modify, transmute"). We think that despite the usual meaning of "changing clothes,"
*232 the broader statutory context makes it plain that "time spent in changing clothes" includes time spent in altering dress.
The object of § 203(
o
) is to permit collective bargaining over the compensability of clothes-changing time and to promote the predictability achieved through mutually beneficial negotiation. There can be little predictability, and hence little meaningful negotiation, if "changing" means only "substituting." Whether one actually exchanges street clothes for work clothes or simply layers garments atop one another after arriving on the job site is often a matter of purely personal choice. That choice may be influenced by such happenstances and vagaries as what month it is, what styles are in vogue, what time the employee wakes up, what mode of transportation he uses, and so on. As the Fourth Circuit has put it, if the statute imposed a substitution requirement "compensation for putting on a company-issued shirt might turn on something as trivial as whether the employee did or did not take off the t-shirt he wore into work that day."
Sepulveda v. Allen Family Foods, Inc.,
C. Application
Applying the foregoing principles to the facts of this case, we hold that petitioners' donning and doffing of the protective gear at issue qualifies as "changing clothes" within the meaning of § 203( o ).
*233 Petitioners have pointed to 12 particular items: a flame-retardant jacket, pair of pants, and hood; a hardhat; a snood; wristlets; work gloves; leggings; metatarsal boots; safety glasses; earplugs; and a respirator. The first nine clearly fit within the interpretation of "clothes" elaborated above: they are both designed and used to cover the body and are commonly regarded as articles of dress. That proposition is obvious with respect to the jacket, pants, hood, and gloves. The hardhat is simply a type of hat. The snood is basically a hood that also covers the neck and upper shoulder area; on the ski slopes, one might call it a "balaclava." The wristlets are essentially detached shirtsleeves. The leggings *880 look much like traditional legwarmers, but with straps. And the metatarsal boots-more commonly known as "steel-toed" boots-are just a special kind of shoe.
The remaining three items, by contrast, do not satisfy our standard. Whereas glasses and earplugs may have a covering function, we do not believe that they are commonly regarded as articles of dress. And a respirator obviously falls short on both grounds. The question is whether the time devoted to the putting on and off of these items must be deducted from the noncompensable time. If so, federal judges must be assigned the task of separating the minutes spent clothes-changing and washing from the minutes devoted to other activities during the period in question.
Some Courts of Appeals, including the Court of Appeals in this case, have sought to avoid, or at least mitigate, this difficulty by invoking the doctrine de minimis non curat lex (the law does not take account of trifles). This, they hold, enables them to declare noncompensable a few minutes actually spent on something other than clothes-changing-to wit, donning and doffing non-clothes items.
Although the roots of the
de minimis
doctrine stretch to ancient soil, its application in the present context began with
Anderson
. There, the Court declared that because "[s]plit-second absurdities are not justified by the actualities of
*234
working conditions or by the policy of the Fair Labor Standards Act," such "trifles" as "a few seconds or minutes of work beyond the scheduled working hours" may be "disregarded."
We doubt that the
de minimis
doctrine can properly be applied to the present case. To be sure,
Anderson
included "putting on aprons and overalls" and "removing shirts" as activities to which "it is appropriate to apply a
de minimis
doctrine."
That said, we nonetheless agree with the basic perception of the Courts of Appeals that it is most unlikely Congress meant § 203(
o
) to convert federal judges into time-study professionals. That is especially so since the consequence of dispensing with the intricate exercise of separating the minutes spent clothes-changing and washing from the minutes
*235
devoted to other activities is not to prevent compensation for the uncovered segments, but merely to
*881
leave the issue of compensation to the process of collective bargaining. We think it is possible to give the text of § 203(
o
) a meaning that avoids such relatively inconsequential judicial involvement in "a morass of difficult, fact-specific determinations,"
Sepulveda,
The forerunner of § 203( o ) -the Portal-to-Portal Act provision whose interpretation by the Labor Department prompted its enactment-focused narrowly on the activities involved: "activities which are preliminary to or postliminary to [the employee's] principal activity or activities." § 254(a)(2). Section 203( o ), by contrast, is addressed not to certain "activities," but to "time spent" on certain activities, viz., "changing clothes or washing." Just as one can speak of "spending the day skiing" even when less-than-negligible portions of the day are spent having lunch or drinking hot toddies, so also one can speak of "time spent changing clothes and washing" when the vast preponderance of the period in question is devoted to those activities. To be sure, such an imprecise and colloquial usage will not ordinarily be attributed to a statutory text, but for the reasons we have discussed we think that appropriate here. The question for courts is whether the period at issue can, on the whole, be fairly characterized as "time spent in changing clothes or washing." If an employee devotes the vast majority of the time in question to putting on and off equipment or other non-clothes items (perhaps a diver's suit and tank) the entire period would not qualify as "time spent in changing clothes" under § 203( o ), even if some clothes items were donned and doffed as well. But if the vast majority of the time is spent in donning and doffing "clothes" as we have defined that term, the entire period qualifies, and the time spent putting on and off other items need not be subtracted.
In the present case, the District Court stated that "the time expended by each employee donning and doffing" safety
*236
glasses and earplugs "is minimal,"
* * *
The judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice SOTOMAYOR joins this opinion except as to footnote 7.
Petitioners filed this action under
The opinions below include descriptions of some of the items. See
The District Court concluded that the collective-bargaining agreement provided that the activities at issue here were noncompensable,
Petitioners also sought,
inter alia,
backpay for time spent traveling between the locker rooms where they don and doff at least some of the protective gear and their workstations. The District Court denied that portion of respondent's motion for summary judgment,
Although the Labor Department has construed § 203( o ) on a number of occasions, the Government has expressly declined to ask us to defer to those interpretations, which have vacillated considerably over the years.
Petitioners and their amici insist that equipment can never be clothes. While we do not believe that every wearable piece of equipment qualifies-for example, a wristwatch-our construction of "clothes" does not exclude all objects that could conceivably be characterized as equipment.
This Court has stated that "exemptions" in the Fair Labor Standards Act "are to be narrowly construed against the employers seeking to assert them."
Arnold v. Ben Kanowsky, Inc.,
We note, moreover, that even in that context, the current regulations of the Labor Department apply a stricter
de minimis
standard than
Anderson
expressed. They specify that "[a]n employer may not arbitrarily fail to count as hours worked any part, however small, of the employee's fixed or regular working time or practically ascertainable period of time he is regularly required to spend on duties assigned to him."
Reference
- Full Case Name
- Clifton SANDIFER, Et Al., Petitioners v. UNITED STATES STEEL CORPORATION.
- Cited By
- 254 cases
- Status
- Published