[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR785.1]



[Page 641-642]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 785_HOURS WORKED--Table of Contents

 

                    Subpart A_General Considerations

 

Sec.  785.1  Introductory statement.









                    Subpart A_General Considerations



Sec.

785.1 Introductory statement.

785.2 Decisions on interpretations; use of interpretations.

785.3 Period of effectiveness of interpretations.

785.4 Application to Walsh-Healey Public Contracts Act.



         Subpart B_Principles for Determination of Hours Worked



785.5 General requirements of sections 6 and 7 of the Fair Labor 

          Standards Act.

785.6 Definition of ``employ'' and partial defintion of ``hours 

          worked''.

785.7 Judicial construction.

785.8 Effect of custom, contract, or agreement.

785.9 Statutory exceptions.



                   Subpart C_Application of Principles



785.10 Scope of subpart.



               Employees ``Suffered or Permitted'' to Work



785.11 General.

785.12 Work performed away from the premises or job site.

785.13 Duty of management.



                              Waiting Time



785.14 General.

785.15 On duty.

785.16 Off duty.

785.17 On-call time.



                          Rest and Meal Periods



785.18 Rest.

785.19 Meal.



               Sleeping Time and Certain Other Activities



785.20 General.

785.21 Less than 24-hour duty.

785.22 Duty of 24 hours or more.

785.23 Employees residing on employer's premises or working at home.



                  Preparatory and Concluding Activities



785.24 Principles noted in Portal-to-Portal Bulletin.

785.25 Illustrative U.S. Supreme Court decisions.

785.26 Section 3(o) of the Fair Labor Standards Act.



                Lectures, Meetings and Training Programs



785.27 General.

785.28 Involuntary attendance.

785.29 Training directly related to employee's job.

785.30 Independent training.

785.31 Special situations.

785.32 Apprenticeship training.



                               Traveltime



785.33 General.



[[Page 642]]



785.34 Effect of section 4 of the Portal-to-Portal Act.

785.35 Home to work; ordinary situation.

785.36 Home to work in emergency situations.

785.37 Home to work on special one-day assignment in another city.

785.38 Travel that is all in the day's work.

785.39 Travel away from home community.

785.40 When private automobile is used in travel away from home 

          community.

785.41 Work performed while traveling.



Adjusting Grievances, Medical Attention, Civic and Charitable Work, and 

                           Suggestion Systems



785.42 Adjusting grievances.

785.43 Medical attention.

785.44 Civic and charitable work.

785.45 Suggestion systems.



                    Subpart D_Recording Working Time



785.46 Applicable regulations governing keeping of records.

785.47 Where records show insubstantial or insignificant periods of 

          time.

785.48 Use of time clocks.



                   Subpart E_Miscellaneous Provisions



785.49 Applicable provisions of the Fair Labor Standards Act.

785.50 Section 4 of the Portal-to-Portal Act.



    Authority: 52 Stat. 1060; 29 U.S.C. 201-219.



    Source: 26 FR 190, Jan. 11, 1961, unless otherwise noted.







    Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) 

requires that each employee, not specifically exempted, who is engaged 

in commerce, or in the production of goods for commerce, or who is 

employed in an enterprise engaged in commerce, or in the production of 

goods for commerce receive a specified minimum wage. Section 7 of the 

Act (29 U.S.C. 207) provides that persons may not be employed for more 

than a stated number of hours a week without receiving at least one and 

one-half times their regular rate of pay for the overtime hours. The 

amount of money an employee should receive cannot be determined without 

knowing the number of hours worked. This part discusses the principles 

involved in determining what constitutes working time. It also seeks to 

apply these principles to situations that frequently arise. It cannot 

include every possible situation. No inference should be drawn from the 

fact that a subject or an illustration is omitted. If doubt arises 

inquiries should be sent to the Administrator of the Wage and Hour 

Division, U.S. Department of Labor, Washington, DC 20210, or to any area 

or Regional Office of the Division.



[35 FR 15289, Oct. 1, 1970]