Hunton Employment & Labor Perspectives

The USDA’s Food Safety and Inspection Service (“FSIS”) is proposing an amendment to USDA regulations that would require meat and poultry processors to pay overtime to USDA inspectors who engage in donning and doffing activities that, when combined with the time spent engaged in inspection activities, result in more than 8 hours of work per day.  The FSIS claims that the amendment is necessary to achieve compliance with the Supreme Court’s decision in IBP, Inc. v. Alvarez, 546 U.S. 21 (2005), and the Office of Personnel Management’s interpretation of that decision.