Paid Travel Time and 'Donning and Doffing' Overtime Rules for Michigan Construction & Factory Workers
In Michigan, factory workers and construction tradesmen must be paid for required pre-shift and post-shift tasks. If you spend time putting on safety gear (donning) or driving from a central shop to a client job site, those hours count toward your 40-hour workweek and are eligible for 1.5x overtime pay.
Michigan was built on the backs of industrial and trades workers, from the sprawling auto manufacturing plants in Detroit to the rapidly expanding construction projects in Grand Rapids. Despite strong labor roots, many blue-collar workers in Michigan are still subjected to daily wage theft. Employers frequently force workers to show up early to put on protective gear, load heavy tools into company trucks, and drive to job sites-all while completely off the clock.
These unpaid minutes at the beginning and end of a shift are not simply 'part of the job.' Under specific federal regulations governing travel and preparation time, these tasks are indispensable to your principal work activities, meaning your employer must pay you for them. If these unpaid minutes push you over 40 hours in a week, you are being robbed of your overtime rate. To recover your rightful earnings, you should browse our USA Lawyers directory to find an employment attorney who specializes in Michigan wage and hour litigation.
Step-by-Step Guide to Identifying Unpaid Work Tasks in Michigan
Determining exactly what constitutes 'work' involves analyzing the federal Portal-to-Portal Act (29 U.S.C. § 254) and how it intersects with the Michigan Improved Workforce Opportunity Wage Act (Mich. Comp. Laws § 408.934a). Here is how different trades are commonly shortchanged.
Step 1: Manufacturing Workers and 'Donning and Doffing'
In meatpacking plants, chemical factories, and auto manufacturing facilities, workers must often wear extensive Personal Protective Equipment (PPE). The act of putting on this gear (donning) and taking it off (doffing) can take 15 to 30 minutes a day. Because wearing this gear is mandated by safety regulations and benefits the employer, you must be paid for this time. The precedent case Franklin v. Kellogg Co., 619 F.3d 604 (US Court of Appeals for the Sixth Circuit 2010), which governs Michigan, reinforces that when donning and doffing are integral and indispensable to a worker's primary duties, the time is compensable.
However, union members must note an important exception under 29 U.S.C. § 203(o). For unionized workers, such as auto plant employees under a collective bargaining agreement (CBA), the law allows the union contract or custom to exclude clothes-changing time from compensable hours. As affirmed by the U.S. Supreme Court in Sandifer v. United States Steel Corp., 571 U.S. 220 (US Supreme Court 2014), if your CBA expressly excludes time spent donning and doffing non-specialized protective clothes, those minutes do not have to be paid.
Step 2: Construction Workers Transporting Heavy Tools
Many construction workers are told to arrive at a central shop at 6:30 AM to load lumber, scaffolding, and heavy machinery onto company trailers. However, the employer does not start the clock until the crew arrives at the actual residential or commercial job site at 7:30 AM. Loading the truck and transporting company equipment is manual labor that primarily benefits the employer. You must be paid for both the loading time and the subsequent travel time to the site.
Step 3: Landscapers and Traveling Between Multiple Job Sites
Landscaping crews and HVAC technicians often visit five or six different client locations in a single day. While your normal morning commute from your house to the first job site is generally unpaid, any travel time that occurs during the workday between job sites must be fully compensated. Employers cannot legally deduct drive time between houses from your paycheck, nor can they claim you are on an unpaid 'break' while driving the company truck.
Step 4: Filing a Lawsuit for Back Wages
When an employer systemically steals time from their entire workforce, your attorney may file a collective action lawsuit. This begins by filing a civil complaint alongside a Form JS 44, FED, U.S. District Court, Civil Cover Sheet at the U.S. District Court for the Western District of Michigan, Grand Rapids or another appropriate federal venue. This legal action forces the company to audit its timekeeping practices and compensate all affected workers.
How Much Can You Recover in Michigan?
Because donning, doffing, and travel time violations usually affect an employee every single day, the accumulated unpaid overtime can result in massive settlements.
| Compensation Category | Financial Details (USD) |
|---|---|
| Accumulated Unpaid Overtime | Calculated at 1.5x your regular hourly rate |
| Federal Liquidated Damages | An additional 100% matching penalty paid directly to you |
| Legal Costs | The employer must pay your attorney's fees if a judgment is won |
How Long Does a Wage Theft Lawsuit Take?
You have a two-year window (three years for willful violations) to claim back wages. If a large group of factory workers joins together for a collective action lawsuit regarding unpaid donning and doffing time, the legal discovery process involving thousands of timecards can take 12 to 24 months. For individual claims against a small landscaping company for unpaid travel time, settlements can often be reached in 6 to 9 months.
Frequently Asked Questions (FAQ)
Do I get paid for my commute from home to the factory?
No. Ordinary home-to-work travel at the beginning of the day and work-to-home travel at the end of the day is generally considered unpaid commute time under federal law.
Do I get paid for washing up after my shift?
It depends on your job. If you work with toxic chemicals, raw meat, or hazardous materials that legally mandate a decontamination shower for safety reasons, that washing time is absolutely compensable work time.
What if I choose to put my safety gear on at home before driving to work?
If the gear is non-specialized and you are permitted to don and doff it at home (like steel-toed boots or a basic hard hat), the time is generally not compensable. It only becomes compensable if the employer requires you to put it on at the workplace.
Can the employer just estimate my travel time instead of tracking it?
No. Employers are legally obligated to track the actual hours you work. They cannot use arbitrary estimates, such as automatically deducting 30 minutes for travel, if the actual drive took you 45 minutes due to traffic.
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