• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What are clothes?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Senior Member
America, what a country. This in the highest court in the land.

In Sandifer v. U.S. Steel (http://www.scotusblog.com/case-files/cases/sandifer-v-united-states-steel-corporation/) the question is, "what are clothes"? The reason it is "important" is because of Section 203(o) of the Fair Labor Standards Act.
(o) Hours Worked.— In determining for the purposes of sections 206 and 207 of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee.
While not as funny as determining if one can call the prosecutor the "government", the oral argument is at http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-417_gdil.pdf . One illuminating tidbit:
JUSTICE GINSBURG: But we're dealing with here, from the picture, that looks like clothes to me.

MR. SCHNAPPER: Your Honor, I think that your question raises an excellent point. One of the problems with the picture is that it withholds from you other information that you would use to assess whether to describe it as clothes. You don't know what -*

My favorite for Supreme Court insanity is Nix v. Hedden 149 U.S. 304. In this case, the Supreme Court struggled to resolve one of the greatest mysteries in our history: Is the Tomato a fruit or a vegetable? Despite the staggering amount of scientific evidence presented to firmly establish that the Tomato is properly classified as a fruit, the Court decided botanists should have no say in the matter because the Tomato is whatever the Court wants it to be.

To this day the Tomato is still classified as a vegetable at law.


Sponsored Ad