|Date Of Involvement:||12/03/2010|
This case presented the following question:
Section 203(o) of the Fair Labor Standards Act specifically authorizes representatives of labor and management, through collective bargaining, to agree to forgo compensation for clothes-changing time that any law might otherwise require. Here, pursuant to this statutory scheme, Petition Kraft Foods Global, Inc., Oscar Mayer Foods Division and its union, the United Food and Commercial Workers Union, Local 538, determined more than 25 years ago to forgo such compensation in exchange for higher employee wages and other perquisites. In light of these facts, the question presented is:
Where FLSA Section 203(o) specifically allows unions and employers to resolve through their collective bargaining agreements the issue of whether clothes-changing time must be compensated, can a state law or municipal ordinance interfere with such agreements, or does federal law preempt state laws and municipal ordinances that would otherwise override such terms?