[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: 29CFR785.16]



[Page 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.  785.16  Off duty.



    (a) General. Periods during which an employee is completely relieved 

from duty and which are long enough to enable him to use the time 

effectively for his own purposes are not hours worked. He is not 

completely relieved from duty and cannot use the time effectively for 

his own purposes unless he is definitely told in advance that he may 

leave the job and that he will not have to commence work until a 

definitely specified hour has arrived. Whether the time is long enough 

to enable him to use the time effectively for his own purposes depends 

upon all of the facts and circumstances of the case.

    (b) Truck drivers; specific examples. A truck driver who has to wait 

at or near the job site for goods to be loaded is working during the 

loading period. If the driver reaches his destination and while awaiting 

the return trip is required to take care of his employer's property, he 

is also working while waiting. In both cases the employee is engaged to 

wait. Waiting is an integral part of the job. On the other hand, for 

example, if the truck driver is sent from Washingtion, DC to New York 

City, leaving at 6 a.m. and arriving at 12 noon, and is completely and 

specifically relieved from all duty until 6 p.m. when he again goes on 

duty for the return trip the idle time is not working time. He is 

waiting to be engaged. (Skidmore v. Swift, 323 U.S. 134, 137 (1944); 

Walling v. Dunbar Transfer & Storage, 3 W.H. Cases 284; 7 Labor Cases 

para. 61,565 (W.D. Tenn. 1943); Gifford v. Chapman, 6 W.H. Cases 806; 12 

Labor Cases para. 63,661 (W.D. Okla., 1947); Thompson v. Daugherty, 40 

Supp. 279 (D. Md. 1941))