§ 785.22. Duty of 24 hours or more.

318 words·~1 min read·/us/cfr/t29/s§ 785.22·

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(a)General. Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. If sleeping period is of more than 8 hours, only 8 hours will be credited. Where no expressed or implied agreement to the contrary is present, the 8 hours of sleeping time and lunch periods constitute hours worked. (Armour v. Wantock, 323 U.S. 126 (1944); Skidmore v. Swift, 323 U.S. 134 (1944); General Electric Co. v. Porter, 208 F. 2d 805 (C.A. 9, 1953), cert. denied, 347 U.S. 951, 975 (1954); Bowers v. Remington Rand, 64 F. Supp. 620 (S.D. Ill, 1946), aff'd 159 F. 2d 114 (C.A. 7, 1946) cert. denied 330 U.S. 843 (1947); Bell v. Porter, 159 F. 2d 117 (C.A. 7, 1946) cert. denied 330 U.S. 813 (1947); Bridgeman v. Ford, Bacon Davis, 161 F. 2d 962 (C.A. 8, 1947); Rokey v. Day Zimmerman, 157 F. 2d 736 (C.A. 8, 1946); McLaughlin v. Todd Brown, Inc., 7 W.H. Cases 1014; 15 Labor Cases para. 64,606 (N.D. Ind. 1948); Campbell v. Jones Laughlin, 70 F. Supp. 996 (W.D. Pa. 1947).)

(b)Interruptions of sleep. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable night's sleep, the entire period must be counted. For enforcement purposes, the Divisons have adopted the rule that if the employee cannot get at least 5 hours' sleep during the scheduled period the entire time is working time. (See Eustice v. Federal Cartridge Corp., 66 F. Supp. 55 (D. Minn. 1946).)

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Cited by 2 sections

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323 U.S. 126
323 U.S. 134
208 F.2d 805
347 U.S. 951
64 F. Supp. 620
159 F.2d 114
330 U.S. 843
159 F.2d 117
330 U.S. 813
161 F.2d 962
157 F.2d 736
70 F. Supp. 996
66 F. Supp. 55

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§ 785.22

Duty of 24 hours or more.

Fed. Reg.×2

F. Supp.64 F. Supp. 620

Cites 13 · showing 5Cited by 2 across 1 source