[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1245.3]

[Page 190-191]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1245_CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE AND 
COMPENSATION--Table of Contents
 
Sec. 1245.3  Employees; definition, service hours, and compensation.

    (a) Definition of ``employees''. The word employees, as used in this 
part, is intended to include every person in the service of the 
reporting carrier subject to its continuing authority to supervise and 
direct the manner of rendition of his service. Persons engaged to render 
only specifically defined service and not subject to the continuing 
authority of the carrier to supervise and control their acts, such as 
customhouse brokers, lawyers retained only for specific cases and not 
under general or continuing retainer, etc., are not employees in the 
meaning of the term used in this part.
    (b) Counting employees. Since the number of employees fluctuates, 
carriers are required to classify and count all of their employees at 
twelve different times each year.
    (c) Joint employees. Each person jointly employed shall, if carried 
on the payrolls of the several joint employers,

[[Page 191]]

be counted by each employer and represented in its return of number of 
employees by a fraction based on the number of employers reporting him; 
if a person, for example, is reportable by three employers, each should 
include him in its number of employees as one-third of an employee. When 
the entire compensation of a joint employee is shown on the payroll of a 
single joint employer and is paid to the employee by that employer such 
employee should, for the purpose of returns, be treated as if employed 
solely by such employer.
    (d) Service hours. (1) The number of hours on duty, or held for 
duty, and the number of hours paid for are to be ascertained and 
recorded for every class of employee. For enginemen and trainmen, the 
actual number of miles run and miles paid for but not run are to be 
recorded, as well as the number of hours on duty and the number of hours 
paid for. (The service time of all classes of employees shall be 
recorded in hours instead of days or hours as heretofore.)
    (2) Whenever an employee works at more than one occupation, or in 
more than one class of service, both the number of hours worked and the 
compensation paid, should be separated and reported under the proper 
Reporting Divisions.
    (3) If an employee is paid a day's wage for a smaller number of 
hours than constitutes a day's work, the number of hours paid for as 
well as the actual number of hours the employee is on duty should be 
ascertained and recorded. Time allowed for meals, part holidays, 
holidays, absences on leave, vacations, etc., should be excluded from 
time actually worked, but if such time is paid for it should be 
appropriately reported as ``Time paid for but not worked'' on Form A or 
as a ``constructive allowance'' on Form B. These requirements apply to 
enginemen and trainmen paid on the basis of trips or of miles run, and 
to employees paid at piece rates, as well as to employees paid on 
hourly, daily, weekly, monthly, or other time basis. Service hours for 
officers and employees who do not receive payment for overtime should be 
reported as the number of hours in each month at 8 hours per day 
contemplated for the position.
    (e) Compensation. The compensation of employees as defined in the 
rules in this part is to be stated in such manner and detail as the 
forms adopted for periodical returns require.