[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: 29CFR785.11]



[Page 644]

 

                             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.  785.11  General.



    Work not requested but suffered or permitted is work time. For 

example, an employee may voluntarily continue to work at the end of the 

shift. He may be a pieceworker, he may desire to finish an assigned task 

or he may wish to correct errors, paste work tickets, prepare time 

reports or other records. The reason is immaterial. The employer knows 

or has reason to believe that he is continuing to work and the time is 

working time. (Handler v. Thrasher, 191, F. 2d 120 (C.A. 10, 1951); 

Republican Publishing Co. v. American Newspaper Guild, 172 F. 2d 943 

(C.A. 1, 1949; Kappler v. Republic Pictures Corp., 59 F. Supp. 112 (S.D. 

Iowa 1945), aff'd 151 F. 2d 543 (C.A. 8, 1945); 327 U.S. 757 (1946); 

Hogue v. National Automotive Parts Ass'n. 87 F. Supp. 816 (E.D. Mich. 

1949); Barker v. Georgia Power & Light Co., 2 W.H. Cases 486; 5 CCH 

Labor Cases, para. 61,095 (M.D. Ga. 1942); Steger v. Beard & Stone 

Electric Co., Inc., 1 W.H. Cases 593; 4 Labor Cases 60,643 (N.D. Texas, 

1941))