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DuGan , and Justin J. Tyger v. Precision Drilling Corp. In Tyger , a group of oil rig hands filed a collective action against their employer, Precision Drilling Corp. Precision Drilling filed for Summary Judgment, arguing that such activities are preliminary and postliminary to the principal activities and are not compensable under the Portal-to-Portal Act.
The Middle District granted summary judgment for Precision Drilling. As such, the Third Circuit found that regulations, especially regulations tailored toward the specific gear or the specific type of employment, suggest that the PPE in question is integral and must be considered by an employer.
The more PPE is specialized for the hazards of employment, the more likely it will be considered integral by a court. The Third Circuit installed safeguards to ensure that the time for changing into the gear in question is not so small as to require only a few seconds or minutes of work beyond scheduled working hours. The decision in Tyger provides direct guidance from the Third Circuit and the considerations employers should make before requiring employees to suit up for work.
BlogLine Overalls and overtime: compensation for donning and doffing after Tyger v. Share Save Print.