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The Basis for the Lawsuit

This case is primarily known as a "Donning and Doffing" case, which is identical in many respects to cases that have been successfully pursued on behalf of uniformed law enforcement officers across the United States. Most have been filed, and many have already been settled, within the past two years.

"Donning and Doffing" are terms used to describe the acts of putting on and taking off. Donning naturally means to put on and doffing, of course, means taking off or removing. In the legal world Donning and Doffing cases arise under the Federal Fair Labor Standards Act ("FLSA") and, typically, result from an employer's failure to pay employees for their time spent donning and doffing particular equipment that is necessary for them to do their jobs, such as the equipment that is typically required by all Little Rock Police Officers. The legal standard is whether the equipment is a necessary and integral part of their job. Thus, donning and doffing regular clothes would typically not be compensable under the FLSA. What is compensable is time spent donning and doffing items that are integral and indispensable to the performance of one's job and are worn for the employer's benefit. In other words, items required to be worn in order to do your job.

Little Rock patrol officers are typically required to wear a "Class B" uniform and attendant equipment at all times while on duty. It is not optional. It is mandatory. Take a look at your General Orders and Regulations. Required portions of their uniform include, for example: undershirt or turtleneck, uniform shirt, uniform shoulder patch, badge, name tag, police badge, uniform trousers, uniform socks, uniform shoes or boots, a specific duty belt, along with other items such as a gun holster, ammunition, ammunition holders, clips or magazines, handcuffs, handcuff case, tear gas canister, baton ring, radio case, radio and gun, all of which attach to the duty belt. In Little Rock the specified duty belt is the "Sam Browne" style belt, and every officer is specifically directed that they will wear these articles of uniform and accessories as authorized and directed by the City. The regulations clearly require that officers, at all times, strictly adhere to uniform standards.

Remember, your supervisor may inspect your equipment at the beginning of the shift or otherwise at the discretion of the supervising officer. Weapons inspections are at least conducted prior to range qualifications; yet more frequent inspections may occur at the discretion of the supervising officer. The entire donning and doffing process, in addition to the related maintenance, typically takes anywhere from 25 to 30 minutes per day.

For a good discussion of equipment as it relates to police officers, take a look at the recent decision issued by the United States District Court for the Northern District of California in the case of Lemmon v. City of San Leandro. Therein the United States District Court gave an excellent background of a very similar case, the special items required to be worn by officers like those here in Little Rock, and held that the Fair Labor Standards Act required that the time spent donning and doffing their uniforms and equipment was time that should be paid by the City, just as is claimed in this case.

© 2009 Clark Mason Attorneys | Hare, Wynn, Newell & Newton LLP