Sandifer v. United States Steel Corp. (12-417)
argument 12-417Sandifer v. United States Steel Corp.
Supreme Court of the United States
59 min
5 speakers
8 chapters
transcribed 6 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What is the legal definition of “clothes” and “closed” under the Portal Act?
Our second case is case twelve four seventeen, Sandifer versus United States Steel. Mr. Snapper.
Mr. Chief Justice, and may it please the court. Uh we agree with um the government that not everything an individual wears uh is closed. We disagree with the government as to the appropriate standard for we're distinguishing things that are and are not closed under Section two hundred three oh. I'd like to begin with the area where which we're in agreement with the government, although not with response. Um In ordinary parlance, not everything an individual wears would be referred to as clothes. Uh there are examples of that in this courtroom. Glasses, necklaces. Uh earrings, wristwatches, there may be a toupee for all we know. Um those things are not commonly referred to as a represent that. Um and nor neck braces, which I have seen worn in this courtroom.
Um It's also the case that there are any number of things that people wear to do their jobs that are not closed. The police officers outside the building are wearing guns, radios. I suspect they have handcuffs. I couldn't see those. Um The quarterback who played uh for your team yesterday uh had a quarterback playbook wristband with the plays on on his uh on his wrist. Workers wear tool belts. Um It's one of the recurrent recurring issues uh that has come up uh in these cases are knife scabbards. Um we don't think anyone would in ordinary parlance call those things close. Um and we think that's a significant limitation on this. The the company's uh count of this is that everything that you wear to do your job is is clothes, and we think that's just not consistent uh with ordinary language.
And although the government's views have to some extent evolved over time in all this. They've always taken the position that not everything you wear are clothes. Even in its the nine in the two thousand two um opinion letter. They drew the line at tools and scabbards. And so even though you could be wearing those things, those are not clothes. Holes in what? Scabbards. Knife scabbards. The tenth circuit holds a knife scabbard is closed because it's like holsters.
But what we're dealing with um here from the picture That looks like clothes to me.
Your Honor, I th I think that that your question raises an 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.
Uh
you don't know what
you would look and say, uh those clothes probably have something special underneath them. Very in in ordinary parlance I think that would be a a a a proper use of diction.
If you saw
an
airbag jacket, you would probably call it clothes, unless you're an equestrian. It looks like a jacket. if you saw a compression torsion uh a torso compression bandage. In a photograph. You would call it clothes because you don't have all the relevant information. Why is it that the jacket and the pants in that picture are not clothes? I I I I in our view uh Well let me Yeah, part of it well. First of all, they are designed for a protective function, to protect you from catching fire.
w when uh a human being first got the idea of putting on clothing I think it was one of the main reasons, probably the main reason, was for protection. It's for protection against the cold, it's for protection against the sun, it's for protection against uh uh against thorns. So y you want us to hold that items that are worn for purposes of protection are not clothing?
No, Your Honor. We've been we we tried to be quite specific about that. Uh we uh we distinguish between uh items that are designed and worn to protect from a workplace hazard. Uh and and the Court of Appeals argued that that everything is in a sense protective. That is not the standard that we propose. Workplace hazards are are different. And in ordinary usage, when things are being used for that kind of protection, they are typically described in other
terms. So if it's uh if it protects against something other than workplace hazard, it can be closed.
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Chapters
8 chapters
1
What is the legal definition of “clothes” and “closed” under the Portal Act?
0:01–6:51
2
How do protective‑purpose items (e.g., safety glasses, hard hats, respirators) affect the “closed” analysis?
6:51–13:25
3
Why does the government’s test focus on the item’s function versus ordinary usage?
13:25–20:53
4
What role does collective‑bargaining play in determining whether time spent donning gear is compensable?
20:53–27:54
5
How do de minimis time rules and the “principal activity” exception influence the case?
27:54–36:24
6
What historical statutes (Portal Act, Fair Labor Standards Act) and case law shape the parties’ arguments?
36:24–43:23
7
When does equipment become more than incidental to changing clothes (e.g., meat‑packing armor, chain‑mail vests)?
43:23–51:31
8
What is the Court’s likely conclusion on how to draw the line between clothes and equipment?
51:31–59:49