Mentioning the name of Hooters Restaurant to most members of the general public calls to mind images of an eatery with waitresses dressed in an iconic uniform. But, should the act of putting on and taking off that iconic uniform be an event for which the Hooters employee is compensated? This issue is at the center of a recently filed class action complaint in the Superior Court of California, wherein a group of Hooters servers are seeking recovery of wages representing payment for time spent getting into and out of uniform each day.
A particular subset of employment law litigation has focused on the issue of “portal-to-portal pay.” Essentially, courts have been asked on a number of occasions to determine under what circumstances an employee should be compensated by his employer for the acts of preparing to work by getting into uniform or putting on job-specific gear and then removing this uniform and gear at the end of a work day.
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