Supreme Court of Arkansas
Gerber Products Company D/b/a Nestlé Infant Nutrition D/b/a Nestlé Nutrition USA D/b/a Nestlé Nutrition Usa-Infant…
May 26, 2016492 S.W.3d 856
Summary
The court held that mandatory donning, doffing, related preparation, and certain associated walking and waiting activities constitute compensable work under the Arkansas Minimum Wage Act. It further held that the Act does not incorporate the federal union-related exception for changing clothes, and that a collective-bargaining agreement or custom treating the activities as noncompensable could not defeat the employees’ overtime claim. Justice Wood, dissenting, would have enforced the collective-bargaining arrangement and reversed because the employees were paid above the statutory minimum wage.