[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: 29CFR785.26]

[Page 695]
 
                             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. 785.26  Section 3(o) of the Fair Labor Standards Act.

    Section 3(o) of the Act provides an exception to the general rule 
for employees under collective bargaining agreements. This section 
provides for the exclusion from hours worked of time spent by an 
employee in changing clothes or washing at the beginning or end of each 
workday which was excluded from measured working time during the week 
involved by the express terms of or by custom or practice under a bona 
fide collective-bargaining agreement applicable to the particular 
employee. During any week in which such clothes-changing or washing time 
was not so excluded, it must be counted as hours worked if the changing 
of clothes or washing is indispensable to the performance of the 
employee's work or is required by law or by the rules of the employer. 
The same would be true if the changing of clothes or washing was a 
preliminary or postliminary activity compensable by contract, custom, or 
practice as provided by section 4 of the Portal-to-Portal Act, and as 
discussed in Sec. 785.9 and part 790 of this chapter.

[30 FR 9912, Aug. 10, 1965]

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