[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: 29CFR785.26]

[Page 650-651]
 
                             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. 785.26  Section 3(o) of the Fair Labor Standards Act.

    Section 3(o) of the Act provides an exception to the general rule 
for employees under collective bargaining agreements. This section 
provides for the exclusion from hours worked of time spent by an 
employee in changing clothes or washing at the beginning or end of each 
workday which was excluded from measured working time

[[Page 651]]

during the week involved by the express terms of or by custom or 
practice under a bona fide collective-bargaining agreement applicable to 
the particular employee. During any week in which such clothes-changing 
or washing time was not so excluded, it must be counted as hours worked 
if the changing of clothes or washing is indispensable to the 
performance of the employee's work or is required by law or by the rules 
of the employer. The same would be true if the changing of clothes or 
washing was a preliminary or postliminary activity compensable by 
contract, custom, or practice as provided by section 4 of the Portal-to-
Portal Act, and as discussed in Sec. 785.9 and part 790 of this 
chapter.

[30 FR 9912, Aug. 10, 1965]

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