[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: 29CFR785.23]



[Page 647]

 

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

home.



    An employee who resides on his employer's premises on a permanent 

basis or for extended periods of time is not considered as working all 

the time he is on the premises. Ordinarily, he may engage in normal 

private pursuits and thus have enough time for eating, sleeping, 

entertaining, and other periods of complete freedom from all duties when 

he may leave the premises for purposes of his own. It is, of course, 

difficult to determine the exact hours worked under these circumstances 

and any reasonable agreement of the parties which takes into 

consideration all of the pertinent facts will be accepted. This rule 

would apply, for example, to the pumper of a stripper well who resides 

on the premises of his employer and also to a telephone operator who has 

the switchboard in her own home. (Skelly Oil Co. v. Jackson, 194 Okla. 

183, 148 P. 2d 182 (Okla. Sup. Ct. 1944; Thompson v. Loring Oil Co., 50 

F. Supp. 213 (W.D. La. 1943).)



                  Preparatory and Concluding Activities