[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: 29CFR785.9]



[Page 643-644]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 785_HOURS WORKED--Table of Contents

 

         Subpart B_Principles for Determination of Hours Worked

 

Sec.  785.9  Statutory exemptions.



    (a) The Portal-to-Portal Act. The Portal-to-Portal Act (secs. 1-13, 

61 Stat. 84-89, 29 U.S.C. 251-262) eliminates from working time certain 

travel and walking time and other similar ``preliminary'' and 

``postliminary'' activities performed ``prior'' or ``subsequent'' to the 

``workday'' that are not made compensable by contract, custom, or 

practice. It should be noted that ``preliminary'' activities do not 

include ``principal'' activities. See Sec. Sec.  790.6 to 790.8 of this 

chapter. Section 4 of the Portal-to-Portal Act does not affect the 

computation of hours worked within the ``workday''. ``Workday'' in 

general, means the period between ``the time on any particular workday 

at which such employee commences (his) principal activity or 

activities'' and ``the time on any particular workday at which he ceases 

such principal activity or activities.'' The ``workday'' may thus be 

longer than the employee's scheduled shift, hours, tour of duty, or time 

on the production line. Also, its duration may vary from day to day 

depending upon when the employee commences or ceases his ``principal'' 

activities. With respect to time spent in any ``preliminary'' or 

``postliminary'' activity compensable by contract, custom, or practice, 

the Portal-to-Portal Act requires



[[Page 644]]



that such time must also be counted for purposes of the Fair Labor 

Standards Act. There are, however, limitations on this requirement. The 

``preliminary'' or ``postliminary'' activity in question must be engaged 

in during the portion of the day with respect to which it is made 

compensable by the contract, custom, or practice. Also, only the amount 

of time allowed by the contract or under the custom or practice is 

required to be counted. If, for example, the time allowed is 15 minutes 

but the activity takes 25 minutes, the time to be added to other working 

time would be limited to 15 minutes. (Galvin v. National Biscuit Co., 82 

F. Supp. 535 (S.D.N.Y. 1949) appeal dismissed, 177 F. 2d 963 (C.A. 2, 

1949))

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

statutory effect, as explained in Sec.  785.26, to the exclusion from 

measured working time of certain clothes-changing and washing time at 

the beginning or the end of the workday by the parties to collective 

bargaining agreements.



[26 FR 190, Jan. 11, 1961, as amended at 30 FR 9912, Aug. 10, 1965]