[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: 29CFR785.38]



[Page 650]

 

                             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.  785.38  Travel that is all in the day's work.



    Time spent by an employee in travel as part of his principal 

activity, such as travel from job site to job site during the workday, 

must be counted as hours worked. Where an employee is required to report 

at a meeting place to receive instructions or to perform other work 

there, or to pick up and to carry tools, the travel from the designated 

place to the work place is part of the day's work, and must be counted 

as hours worked regardless of contract, custom, or practice. If an 

employee normally finishes his work on the premises at 5 p.m. and is 

sent to another job which he finishes at 8 p.m. and is required to 

return to his employer's premises arriving at 9 p.m., all of the time is 

working time. However, if the employee goes home instead of returning to 

his employer's premises, the travel after 8 p.m. is home-to-work travel 

and is not hours worked. (Walling v. Mid-Continent Pipe Line Co., 143 F. 

2d 308 (C. A. 10, 1944))