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Content Last Revised: 1/11/61
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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 785.23 - Employees residing on employer's premises or working at home.

  • Section Number: 785.23
  • Section Name: Employees residing on employer's premises or working at home.

    An employee who resides on his employer's premises on a permanent 
basis or for extended periods of time is not considered as working all 
the time he is on the premises. Ordinarily, he may engage in normal 
private pursuits and thus have enough time for eating, sleeping, 
entertaining, and other periods of complete freedom from all duties when 
he may leave the premises for purposes of his own. It is, of course, 
difficult to determine the exact hours worked under these circumstances 
and any reasonable agreement of the parties which takes into 
consideration all of the pertinent facts will be accepted. This rule 
would apply, for example, to the pumper of a stripper well who resides 
on the premises of his employer and also to a telephone operator who has 
the switchboard in her own home. (Skelly Oil Co. v. Jackson, 194 Okla. 
183, 148 P. 2d 182 (Okla. Sup. Ct. 1944; Thompson v. Loring Oil Co., 50 
F. Supp. 213 (W.D. La. 1943).)
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