[UPDATE: Judge Kyle’s granted the motion for class certification this week. The Court’s Memorandum Opinion and Order is here.]
July 30, 2010 Post:
Donning and doffing cases are a species of employment class action based on employers’ imposing requirements that employees wear particular gear to perform their work without compensation to the employees for the time required to put the gear on.
Twin Cities plaintiffs’ class action employment firm, Nichols Kaster, attempts to take this to the next level against Ameriprise in Lyons v. Ameriprise, before U.S. District Court Judge Richard H. Kyle (D. Minn.). This week, they filed their motion for class certification. (Nichols Kaster does not appear to be making new law here. At p. 13, Plaintiff lists other cases in which “cyber-donning/doffing” claims have been brought.)
(Some day, innovations in MRAM or other technologies in the works will likely speed boot-up and log-off to the speed it now takes to turn on a light switch, which employers and employees will all likely celebrate.)