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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 785  

Hours Worked

 

 

 

Subpart C  

Application of Principles

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

  • Section Number: 785.38
  • Section Name: 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))
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