In Franklin v Kellogg Co, the Sixth Circuit Court of Appeals ruled that time spent changing into and removing company-provided uniforms and safety equipment by employees of the food maker is not compensable, while the time spent walking to and from locker rooms and their work areas is compensable. Federal law excludes time spent "changing clothes" from measured working time if the time has been excluded by custom or practice under a collective bargaining agreement. The Sixth Circuit found that the items Kellogg asked its employees to wear were clothes under the definition of the federal law and Kellogg had a bona fide custom or practice of nonpayment for time spent changing clothes, and therefore that time fell under the federal exception.
As to time spent walking between the locker room and the time clock, the continuous workday rule requires compensation for employees for any walking time that occurs after the beginning of the employee's first principal activity and before the end of the employee's last principal activity. The Sixth Circuit held that because wearing the uniform was required by Kellogg, and wearing the uniform and equipment primarily benefits Kellogg, changing into and removing uniforms were principal activities. As such employees were entitled to payment for time spent walking both after changing into and before removing the uniforms.