[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: 29CFR785.24]



[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.  785.24  Principles noted in Portal-to-Portal Bulletin.



    In November, 1947, the Administrator issued the Portal-to-Portal 

Bulletin (part 790 of this chapter). In dealing with this subject, Sec.  

790.8 (b) and (c) of this chapter said:



    (b) The term ``principal activities'' includes all activities which 

are an integral part of a principal activity. Two examples of what is 

meant by an integral part of a principal activity are found in the 

report of the Judiciary Committee of the Senate on the Portal-to-Portal 

bill. They are the following:

    (1) In connection with the operation of a lathe, an employee will 

frequently, at the commencement of his workday, oil, grease, or clean 

his machine, or install a new cutting tool. Such activities are an 

integral part of the principal activity, and are included within such 

term.

    (2) In the case of a garment worker in a textile mill, who is 

required to report 30 minutes before other employees report to commence 

their principal activities, and who during such 30 minutes distributes 

clothing or parts of clothing at the workbenches of other employees and 

gets machines in readiness for operation by other employees, such 

activities are among the principal activities of such employee.



Such preparatory activities, which the Administrator has always regarded 

as work and as compensable under the Fair Labor Standards Act, remain so 

under the Portal Act, regardless of contrary custom or contract.

    (c) Among the activities included as an integral part of a principal 

activity are those closely related activities which are indispensable to 

its performance. If an employee in a chemical plant, for example, cannot 

perform his principal activities without putting on certain clothes, 

changing clothes on the employer's premises at the beginning and end of 

the workday would be an integral part of the employee's principal 

activity. On the other hand, if changing clothes is merely a convenience 

to the employee and not directly related to his principal activities, it 

would be considered as a ``preliminary'' or ``postliminary'' activity 

rather than a principal part of the activity. However, activities such 

as checking in and out and waiting in line to do so would not ordinarily 

be regarded as integral parts of the principal activity or activities.