Refraining from other activity often is a factor of instant readiness to serve, and idleness plays a part in all employments in a stand-by capacity. 590 (1944)) Subsequently, the Court ruled that there need be no exertion at all and that all hours are hours worked which the employee is required to give his employer, that “an employer, if he chooses, may hire a man to do nothing, or to do nothing but wait for something to happen. The United States Supreme Court originally stated that employees subject to the act must be paid for all time spent in “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” ( Tennessee Coal, Iron & Railroad Co. Department of Labor, Washington, DC 20210, or to any area or Regional Office of the Division. If doubt arises inquiries should be sent to the Administrator of the Wage and Hour Division, U.S. No inference should be drawn from the fact that a subject or an illustration is omitted. It cannot include every possible situation. It also seeks to apply these principles to situations that frequently arise. This part discusses the principles involved in determining what constitutes working time. The amount of money an employee should receive cannot be determined without knowing the number of hours worked. 207) provides that persons may not be employed for more than a stated number of hours a week without receiving at least one and one-half times their regular rate of pay for the overtime hours. 206) requires that each employee, not specifically exempted, who is engaged in commerce, or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce, or in the production of goods for commerce receive a specified minimum wage. Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. Where records show insubstantial or insignificant periods of time.Īpplicable provisions of the Fair Labor Standards Act. When private automobile is used in travel away from home community.Īdjusting Grievances, Medical Attention, Civic and Charitable Work, and Suggestion SystemsĪpplicable regulations governing keeping of records. Home to work on special one-day assignment in another city. Training directly related to employee's job.Įffect of section 4 of the Portal-to-Portal Act. Section 3(o) of the Fair Labor Standards Act. Principles noted in Portal-to-Portal Bulletin. Sleeping Time and Certain Other ActivitiesĮmployees residing on employer's premises or working at home. Work performed away from the premises or job site. General requirements of sections 6 and 7 of the Fair Labor Standards Act.ĭefinition of “employ” and partial definition of “hours worked”.Įffect of custom, contract, or agreement.Įmployees “Suffered or Permitted” to Work Principles for Determination of Hours Worked Period of effectiveness of interpretations.Īpplication to Walsh-Healey Public Contracts Act. Decisions on interpretations use of interpretations.
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