[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR776.30]

[Page 401]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 776_INTERPRETATIVE BULLETIN ON THE GENERAL COVERAGE OF THE WAGE AND 
HOURS PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938--Table of Contents
 
                     Subpart B_Construction Industry
 
Sec. 776.30  Construction performed on temporarily idle facilities.

    The Act applies to work on a covered interstate instrumentality or 
production facility even though performed during periods of temporary 
non-use or idleness. \52\ The courts have held the Act applicable to 
performance of construction work upon a covered facility even though the 
use of the facility was temporarily interrupted or discontinued. \53\ It 
is equally clear that the repair or maintenance of a covered facility 
(including its machinery, tools, dies, and other equipment) though 
performed during the inactive or dead season, is subject to the Acts. 
\54\
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    \52\ Walton v. Southern Package Corp., 320 U.S. 540; Slover v. 
Wathen & Co., 140 F. (2d) 258 (C.A. 4); Bodden v. McCormick Shipping 
Corp., 188 F. (2d) 733; and Russell Co. v. McComb, 187 F. (2d) 524 (C.A. 
5).
    \53\ Pedersen v. J. F. Fitzgerald Construction Co., ante; Bennett v. 
V. P. Loftis, ante; Walling v. McCrady Const. Co., ante; and Bodden v. 
McCormick Shipping Corp., 188 F. (2d) 733.
    \54\ Maneja v. Waialua Agricultural Co., 349 U.S. 254; Bowie v. 
Gonzalez, 117 F. (2d) 11; Weaver v. Pittsburgh Steamship Co., 153 F. 
(2d) 597, certiorari denied 328 U.S. 858; Walling v. Keensburg Steamship 
Co., 462 F. (2d) 405.
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