[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: 29CFR785.14]

[Page 692]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 785_HOURS WORKED--Table of Contents
 
                   Subpart C_Application of Principles
 
Sec. 785.14  General.

    Whether waiting time is time worked under the Act depends upon 
particular circumstances. The determination involves ``scrutiny and 
construction of the agreements between particular parties, appraisal of 
their practical construction of the working agreement by conduct, 
consideration of the nature of the service, and its relation to the 
waiting time, and all of the circumstances. Facts may show that the 
employee was engaged to wait or they may show that he waited to be 
engaged.'' (Skidmore v. Swift, 323 U.S. 134 (1944)) Such questions 
``must be determined in accordance with common sense and the general 
concept of work or employment.'' (Central Mo. Tel. Co. v. Conwell, 170 
F. 2d 641 (C.A. 8, 1948))