[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR785.15]

[Page 647-648]
 
                             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. 785.15  On duty.

    A stenographer who reads a book while waiting for dictation, a 
messenger who works a crossword puzzle while awaiting assignments, 
fireman who plays checkers while waiting for alarms and a factory worker 
who talks

[[Page 648]]

to his fellow employees while waiting for machinery to be repaired are 
all working during their periods of inactivity. The rule also applies to 
employees who work away from the plant. For example, a repair man is 
working while he waits for his employer's customer to get the premises 
in readiness. The time is worktime even though the employee is allowed 
to leave the premises or the job site during such periods of inactivity. 
The periods during which these occur are unpredictable. They are usually 
of short duration. In either event the employee is unable to use the 
time effectively for his own purposes. It belongs to and is controlled 
by the employer. In all of these cases waiting is an integral part of 
the job. The employee is engaged to wait. (See: Skidmore v. Swift, 323 
U.S. 134, 137 (1944); Wright v. Carrigg, 275 F. 2d 448, 14 W.H. Cases 
(C.A. 4, 1960); Mitchell v. Wigger, 39 Labor Cases, para. 66,278, 14 
W.H. Cases 534 (D.N.M. 1960); Mitchell v. Nicholson, 179 F. Supp, 292,14 
W.H. Cases 487 (W.D.N.C. 1959))