On June 12, a three-judge panel for the 11th Circuit Court of Appeals threw out a 2,200-employee class action suit against poultry processor Cagle's Inc. in which workers asked to be paid for the time they took to change into and out of work clothes. Now eight of those employees are asking for a rehearing.

The 11th Circuit agreed with a December 2005 district court ruling that tossed the class action. In that decision, the court said workers are not entitled to “donning and doffing time” compensation if they belong to a union or if the changing of clothing is normal preparation for the job.

The workers, who process chickens in several facilities owned by Cagle's and its affiliates, say they should be paid for the time it takes them to put on protective clothing such as smocks, hair and beard nets, gloves and ear protection, which they are required to wear depending on job responsibilities.

The 11th Circuit affirmed the district court's decision, citing Section 203 of the FLSA, which excludes “time spent in changing clothes or washing at the beginning or end of each workday” from the definition of hours worked. The eight workers filed a petition July 2 asking the panel to reconsider its opinion or provide an en banc rehearing by the full 11th Circuit.