[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: 29CFR785.14]



[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.  785.14  General.



    Whether waiting time is time worked under the Act depends upon 

particular circumstances. The determination involves ``scrutiny and 

construction of the agreements between particular parties, appraisal of 

their practical construction of the working agreement by conduct, 

consideration of the nature of the service, and its relation to the 

waiting time, and all of the circumstances. Facts may show that the 

employee was engaged to wait or they may show that he waited to be 

engaged.'' (Skidmore v. Swift, 323 U.S. 134 (1944)) Such questions 

``must be determined in accordance with common sense and the general 

concept of work or employment.'' (Central Mo. Tel. Co. v. Conwell, 170 

F. 2d 641 (C.A. 8, 1948))