[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: 29CFR785.15]



[Page 644-645]

 

                             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 645]]



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))