[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: 29CFR790.11]

[Page 723]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 790_GENERAL STATEMENT AS TO THE EFFECT OF THE PORTAL-TO-PORTAL ACT 
OF 1947 ON THE FAIR LABOR STANDARDS ACT OF 1938--Table of Contents
 
Sec. 790.11  Contract, custom or practice in effect ``at the time of such 
activity.''

    The ``contract,'' ``custom'' or ``practice'' on which the 
compensability of the activities referred to in section 4 of the Portal 
Act may be based, is a contract, custom or practice in effect ``at the 
time of such activity.'' Thus, the compensability of such an activity, 
and its inclusion in computation of hours worked, is not determinable by 
a custom or practice which had been terminated before the activity was 
engaged in or was adopted some time after the activity was performed. 
This phrase would also seem to permit recognition of changes in customs, 
practices and agreements which reflect changes in labor-management 
relations or policies.