NJ Employers Must Pay You for Donning and Doffing: When Changing Into Work Gear Is Compensable

Changing into required uniforms or protective gear is part of the workday. In New Jersey, that time matters under the wage and hour law. 

When employees must put on or remove specific gear before or after a shift, the question is whether it counts as paid work. In our work at Brandon J. Broderick, these issues show up in industries where safety gear, uniforms, or specialized clothing are mandatory. Workers arrive early to change or stay late to remove equipment without pay. Employers treat this as off-the-clock time, but the law focuses on required gear and employer control over the time.

If putting on and removing required gear is part of the job, New Jersey law may require employers to count that time as paid work.

In this guide, we discuss how the law evaluates donning and doffing, what makes this time compensable, how employers must account for it in payroll, and when it makes sense to speak with a wage and hour lawyer in New Jersey.

When Changing Into a Uniform Counts as Compensable Time in New Jersey

New Jersey employees must be paid for all hours worked. State regulations define hours worked to include all time an employee is required to be at the place of work or on duty. 

Donning and doffing refers to putting on and taking off work gear. This includes uniforms, protective clothing, safety equipment, sanitation gear, and items worn on the body to perform the job. 

A worker who dresses at home in ordinary clothing stands in a different position from someone required to change on-site into specialized gear. If the job cannot begin without it, the time tied to putting it on counts as paid work. The same emphasis on required safety conditions also supports workers who refuse unsafe work when proper gear isn’t provided.

Federal law fills in the details. The Portal-to-Portal Act excludes pay for certain activities before or after a shift. The Supreme Court narrowed it in Steiner v. Mitchell (1956). Washing time counts as paid time when they are an integral and indispensable part of the job. This phrase ties pay to the nature of the work.

New Jersey courts apply state wage laws alongside federal standards. If the work requires protective gear, the act of putting it on qualifies as the job.

New Jersey overtime law requires time-and-a-half pay for hours over 40 in a workweek. Working off-the-clock for even a few minutes before or after a shift adds up. Over longer periods, it becomes a wage claim.

Industries show how this plays out. Healthcare workers who must gown up for infection control, food processing employees who follow strict sanitation rules, and construction workers who rely on protective equipment all face the same issue. In the cases we handle at Brandon J. Broderick, this question comes down to control and necessity. 

If the job requires the gear and the employer controls how and where it is worn, the time tied to it counts as hours worked. A wage and hour attorney in New Jersey can help evaluate how that time should be paid.

How Courts Decide Donning and Doffing Pay in New Jersey

Courts apply a set of different rules built from federal law and applied in New Jersey.

The Portal-to-Portal Act excludes pay for activities outside the core job, including ordinary commuting and routine preparation. Travel to and from home is generally excluded, but driving between job sites is treated differently. The limit is not absolute. The Supreme Court recognized an exception in Steiner v. Mitchell.

Workers in a battery plant had to change clothes and shower because of toxic exposure. The Court held that those steps were part of the job. They were necessary for safe and effective work.

IBP, Inc. v. Alvarez (2005) added the continuous workday rule. Once a worker performs the first principal activity of the day, any time connected to it (such as walking to the workstation) counts as paid time. If putting on gear is a principal activity, the minutes that follow often count as well.

Courts in New Jersey rely on previous decisions to apply these principles. One of the most useful is Tyger v. Precision Drilling Corp. (3d Cir. 2023). The case rejected rigid formulas and directs courts to look at real-world factors.

Relevant factors include:

• whether workers are required to change on-site
• applicable laws or safety rules that mandate the gear
• the type of gear involved, including protection against hazards
• whether workers have a genuine option to change at home
• how closely the gear connects to the job’s core duties

These issues often overlap with workplace safety concerns. In some cases we see, employers push workers to change faster or skip steps instead of treating that time as paid work. When workers report unsafe conditions or speak up about cutting corners, those complaints fall within broader whistleblower protections.

A Third Circuit case, Rosano v. Township of Teaneck (3d Cir. 2014), shows how the law works in New Jersey. Police officers had the option to dress at home, and their collective bargaining agreement addressed uniform time. The court treated that situation differently from one where workers must change on-site with no real alternative.

Where Employers Get It Wrong: Donning and Doffing Pay, Uniforms, and PPE in NJ

Most disputes come from everyday practices that cut small amounts of time out of the workday. These minutes fall outside the official schedule but still belong to the job.

Employers tend to focus on when the shift officially begins. What happens before and after often gets overlooked. We see this across industries:

• On-site changing requirements: A company requires employees to change at the facility for safety or sanitation. 
• Protective gear tied to hazards: Jobs involving chemicals, heat, sharp materials, or contamination require specific gear. Flame-resistant clothing, gloves, helmets, goggles, and specialized boots aren’t optional.
• Locker room and transit time: After changing, workers walk from a locker room or staging area to their station. Under IBP v. Alvarez, that walking time falls within the continuous workday once a principal activity begins.
• Post-shift removal and sanitation: Removing gear, cleaning it, or following sanitation steps at the end of the shift mirrors the pre-shift process. If the front end is paid, the back end follows the same logic.
• Timeclock placement: Some employers place time clocks beyond the point where employees already wear the required gear. Workers must suit up first, then clock in. This practice is unlawful.
• Uniform policies that blur the line: A simple shirt and pants that an employee can wear from home don’t carry the same weight as protective or regulated gear.

The Department of Labor addressed this in Wage and Hour Advisory Memorandum No. 2006-2. If the law or the nature of the work requires on-site changes, this time counts toward hours worked. If employees truly have a free choice to change at home, the result shifts. For example: 

• A hospital employee required to gown up in a controlled environment for infection prevention stands in a strong position for paid time. 
• A food processing worker who must follow sanitation protocols before entering the production floor fits the same pattern. 
• A construction worker who needs protective gear before stepping onto a job site presents similar facts.

A worker who can arrive in a standard uniform stands in a different position. The job doesn’t require changing on-site. 

When Changing Into Uniforms Leads to Compensable Time and Wage Claims in NJ

Once donning and doffing time counts as hours worked, it falls within New Jersey’s wage laws.

Minutes at the start and end of a shift become unpaid wages. When those hours push the weekly total over 40, overtime applies at one-and-a-half times the regular rate. In some cases, different overtime rates apply depending on how pay is structured. 

The Wage Payment Law requires employers to pay all earned wages on regular paydays. Missing this time creates a shortfall that can affect bonuses and compensation tied to hours worked.

A six-year statute of limitations allows recovery going back several years. When a single policy affects multiple workers, claims proceed as collective or class actions. New Jersey’s Wage and Hour Law allows recovery of unpaid wages along with liquidated damages of up to 200 percent. Small amounts add up, increasing the value of a claim.

Employers must keep accurate records of hours worked. When donning and doffing time isn’t tracked, those records fall short. Courts rely on employee testimony and reasonable estimates when records are incomplete. That puts the burden back on the employer.

The Department of Labor continues to pursue wage violations across industries. Donning and doffing disputes are treated as part of larger compliance issues, not as minor technical problems. In 2025 alone, the DOL recovered more than $259 million for workers nationwide.

When Donning and Doffing Pay Becomes a Wage Claim in New Jersey

When changing into the required gear is part of the job, that time counts as work. When it goes unpaid, it becomes a wage claim and can include additional damages, reaching back over several years.

Pay disputes tied to donning and doffing overlap with other violations under New Jersey law, like timekeeping problems or unpaid overtime. Minutes spent preparing for a shift or finishing required steps at the end of the day point to a broader payroll issue.

If you have questions about off-the-clock work or your rights, we can help you understand your options. 

Contact us today for a free consultation.