[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: 29CFR785.9]

[Page 691]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 785_HOURS WORKED--Table of Contents
 
         Subpart B_Principles for Determination of Hours Worked
 
Sec. 785.9  Statutory exemptions.

    (a) The Portal-to-Portal Act. The Portal-to-Portal Act (secs. 1-13, 
61 Stat. 84-89, 29 U.S.C. 251-262) eliminates from working time certain 
travel and walking time and other similar ``preliminary'' and 
``postliminary'' activities performed ``prior'' or ``subsequent'' to the 
``workday'' that are not made compensable by contract, custom, or 
practice. It should be noted that ``preliminary'' activities do not 
include ``principal'' activities. See Sec. Sec. 790.6 to 790.8 of this 
chapter. Section 4 of the Portal-to-Portal Act does not affect the 
computation of hours worked within the ``workday''. ``Workday'' in 
general, means the period between ``the time on any particular workday 
at which such employee commences (his) principal activity or 
activities'' and ``the time on any particular workday at which he ceases 
such principal activity or activities.'' The ``workday'' may thus be 
longer than the employee's scheduled shift, hours, tour of duty, or time 
on the production line. Also, its duration may vary from day to day 
depending upon when the employee commences or ceases his ``principal'' 
activities. With respect to time spent in any ``preliminary'' or 
``postliminary'' activity compensable by contract, custom, or practice, 
the Portal-to-Portal Act requires that such time must also be counted 
for purposes of the Fair Labor Standards Act. There are, however, 
limitations on this requirement. The ``preliminary'' or ``postliminary'' 
activity in question must be engaged in during the portion of the day 
with respect to which it is made compensable by the contract, custom, or 
practice. Also, only the amount of time allowed by the contract or under 
the custom or practice is required to be counted. If, for example, the 
time allowed is 15 minutes but the activity takes 25 minutes, the time 
to be added to other working time would be limited to 15 minutes. 
(Galvin v. National Biscuit Co., 82 F. Supp. 535 (S.D.N.Y. 1949) appeal 
dismissed, 177 F. 2d 963 (C.A. 2, 1949))
    (b) Section 3(o) of the Fair Labor Standards Act. Section 3(o) gives 
statutory effect, as explained in Sec. 785.26, to the exclusion from 
measured working time of certain clothes-changing and washing time at 
the beginning or the end of the workday by the parties to collective 
bargaining agreements.

[26 FR 190, Jan. 11, 1961, as amended at 30 FR 9912, Aug. 10, 1965]