[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: 29CFR785.15]

[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. 785.15  On duty.

    A stenographer who reads a book while waiting for dictation, a 
messenger who works a crossword puzzle while awaiting assignments, 
fireman who plays checkers while waiting for alarms and a factory worker 
who talks to his fellow employees while waiting for machinery to be 
repaired are all working during their periods of inactivity. The rule 
also applies to employees who work away from the plant. For example, a 
repair man is working while he waits for his employer's customer to get 
the premises in readiness. The time is worktime even though the employee 
is allowed to leave the premises or the job site during such periods of 
inactivity. The periods during which these occur are unpredictable. They 
are usually of short duration. In either event the employee is unable to 
use the time effectively for his own purposes. It belongs to and is 
controlled by the employer. In all of these cases waiting is an integral 
part of the job. The employee is engaged to wait. (See: Skidmore v. 
Swift, 323 U.S. 134, 137 (1944); Wright v. Carrigg, 275 F. 2d 448, 14 
W.H. Cases (C.A. 4, 1960); Mitchell v. Wigger, 39 Labor Cases, para. 
66,278, 14 W.H. Cases 534 (D.N.M. 1960); Mitchell v. Nicholson, 179 F. 
Supp, 292,14 W.H. Cases 487 (W.D.N.C. 1959))