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“Don We Now Our Gay Apparel . . . “

. . said Justice Scalia as he delivered the opinion in Sandifer v. U.S. Steel, explaining the use in this case of the somewhat archaic terms “don” and “doff”, as in “a well bred gentleman still doffs his hat to a lady”.In this case the union had an agreement with U.S. Steel that “time spent in changing clothes at the beginning or end of each workday” would not be compensated. The petitioners argued that they weren’t changing clothes, but donning and doffing protective gear. The Court did not go as far as U.S. Steel wanted and say “everything that a person wears” is clothing, but everything else is “de minims non curate lex”*.

* Trans.: the law does not take account of trifles

There once was a lawyer named Rex
With minuscule organs of sex.
        Arraigned for exposure,
        He maintained with composure,
"De minimis non curat lex."

 

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