[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: 29CFR790.12]

[Page 723-724]
 
                             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. 790.12  ``Portion of the day.''

    A ``preliminary'' or ``postliminary'' activity of the kind referred 
to in section 4 of the Portal Act is compensable under a contract, 
custom, or practice within the meaning of that section ``only when it is 
engaged in during the portion of the day with respect to which it is so 
made compensable.'' \84\ This provision in no way affects the 
compensability of activities performed within the workday proper or the 
computation of hours worked within such workday for purposes of the Fair 
Labor Standards Act; \85\ the provision is applicable only to walking, 
riding, traveling or other ``preliminary'' or ``postliminary'' 
activities of the kind described in section 4(a) of the Portal Act, \86\ 
which are engaged in outside the workday, during the portions of the day 
before performance of the first principal activity and after performance 
of the last principal activity of the employee. \87\
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    \84\ Section 4(c) of the Portal Act (set out in full in Sec. 
790.3).
    \85\ See Sec. Sec. 790.4-790.6.
    \86\ Conference Report, pp. 12, 13.
    \87\ See Conference Report, p. 13; Sec. Sec. 790.4(c) and 790.5(b).
    The scope of section 4(c) is narrower in this respect than that of 
section 2(b), which is couched in identical language. Cf. Conference 
Report, pp. 9, 10; pp. 12, 13. See also Sec. 790.23.

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   Defense of Good Faith Reliance on Administrative Regulations, etc.