§ 785.38. Travel that is all in the day's work.
173 words·~1 min read·
/us/cfr/t29/s§ 785.38·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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))
Connections1 cite this
Cited by 1 section
register
1 reference not yet in our index
- 143 F.2d 308
Citation graph
cites case law
Cites 1Cited by 1 across 1 source