[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: 29CFR785.26]



[Page 647-648]

 

                             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.  785.26  Section 3(o) of the Fair Labor Standards Act.



    Section 3(o) of the Act provides an exception to the general rule 

for employees under collective bargaining agreements. This section 

provides for the exclusion from hours worked of time spent by an 

employee in changing clothes or washing at the beginning or end of each 

workday which was excluded from measured working time



[[Page 648]]



during the week involved by the express terms of or by custom or 

practice under a bona fide collective-bargaining agreement applicable to 

the particular employee. During any week in which such clothes-changing 

or washing time was not so excluded, it must be counted as hours worked 

if the changing of clothes or washing is indispensable to the 

performance of the employee's work or is required by law or by the rules 

of the employer. The same would be true if the changing of clothes or 

washing was a preliminary or postliminary activity compensable by 

contract, custom, or practice as provided by section 4 of the Portal-to-

Portal Act, and as discussed in Sec.  785.9 and part 790 of this 

chapter.



[30 FR 9912, Aug. 10, 1965]



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