Working Overtime

Donning and doffing is a term of art used in unpaid overtime lawsuits.  It means the activity some employees undertake before beginning their usually dirty jobs.  They don protective suits before starting work and then doff those soiled suits before going home for the evening.  It is a time of changing from one status, e.g., father, mother, band member, etc., to another, less desirable status, e.g., employee.

People get paid to change their clothes when the change is a necessity for the employer.  Think radioactivity suits, or heat suits for a steel mill.  An employer could not send a radioactive suit home with the employee, could they?  Anyway, this isn't about clothes, it's about change.

I love unpaid overtime cases.  I sue companies for exploiting their employees.  They tell workers they don't pay overtime.  They tell them they are contractors when they aren't.   I love getting my employee clients paid all the back pay they are due plus all of my fees.  It is a great feeling.  But I can't help but to wonder about what my narrow focus has cost me.

There is always opportunity to change and profit from the change.  For example, the changing view of interns in the eyes of the law.  Recent cases in federal courts are casting doubt on the long time practice of using unpaid workers to perform gopher type duties while calling them interns.  They aren't learning anything but how everybody likes their coffee and how to un-jam the copier.  Both useful skills, but not educational for credit.  Too bad, but that change may see ways of business changing and some big back pay awards.

Certainly this  may be a change in overtime from which to profit.