Legal Opinion · Concurring in part, dissenting in part

United Food & Commercial Workers Union, Local 1473 v. Hormel Foods Corp.

Wisconsin Supreme Court

Decided March 1, 2016No. 2014AP001880Published

1Concurring in part, dissenting in partPatience Drake Roggensack, C.J.

¶ 108. (concurring in part, dissenting in part). While I do not join the lead opinion,1 I agree with its conclusion that donning and doffing of company-required clothing and gear at the beginning and end of the workday is "an integral part of a principal activity" of Hormel Foods Corporation for which compensation is required.2 I also agree that under the facts of this case Hormel is not relieved of its obligation to compensate for 5.7 minutes per day for those tasks by the de minimis rule.3

¶ 109. I dissent from the lead opinion because I conclude that Hormel is not required to further…

2Cases cited10 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. Sandifer v. United States Steel Corp.Supreme Court of the United States · 2014
  3. Ted L. Lindow v. United StatesCourt of Appeals for the Ninth Circuit · 1984
  4. Frank v. Wilson & Co.Court of Appeals for the Seventh Circuit · 1949
  5. DaimlerChrysler v. Labor and Industry Review CommissionWisconsin Supreme Court · 2007

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