Piper v. Jones Dairy Farm

Docket: 2018AP001681

Opinion Date: March 19, 2020

Judge: Dallet

Areas of Law: Labor & Employment Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court concluding that Employees' time spent "donning and doffing" personal protective equipment was compensable, holding that the circuit court erroneously exercised its discretion when it summarily dismissed Employer's equitable defenses. Employees filed suit seeking unpaid wages for time spent at the start and end of their shifts donning and doffing personal protective equipment. The circuit court denied Employer's motion for summary judgment, concluding (1) the donning and doffing time was compensable; (2) Employees could not modify or eliminate compensation for donning and doffing through collective bargaining; (3) the time was not rendered non-compensable by the de minimis doctrine; and (4) Employer's four equitable defenses did not preclude Employees' recovery of damages. The Supreme Court affirmed with one exception, holding that the circuit court abused its discretion when it dismissed Employer's equitable defenses on the basis of Wis. Stat. 109.03(5).