[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: 29CFR785.21]

[Page 693]
 
                             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. 785.21  Less than 24-hour duty.

    An employee who is required to be on duty for less than 24 hours is 
working even though he is permitted to sleep or engage in other personal 
activities when not busy. A telephone operator, for example, who is 
required to be on duty for specified hours is working even though she is 
permitted to sleep when not busy answering calls. It makes no difference 
that she is furnished facilities for sleeping. Her time is given to her 
employer. She is required to be on duty and the time is worktime. 
(Central Mo. Telephone Co. v. Conwell, 170 F. 2d 641 (C.A. 8, 1948); 
Strand v. Garden Valley Telephone Co., 51 F. Supp. 898 (D. Minn. 1943); 
Whitsitt v. Enid Ice & Fuel Co., 2 W. H. Cases 584; 6 Labor Cases para. 
61,226 (W.D. Okla. 1942).)

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