Section 3(o) of the Act provides an exception to the general rule
for employees under collective bargaining agreements. This section
provides for the exclusion from hours worked of time spent by an
employee in changing
clothes or washing at the beginning or end of each workday which was
excluded from measured working time during the week involved by the
express terms of or by custom or practice under a bona fide collective-
bargaining agreement applicable to the particular employee. During any
week in which such clothes-changing or washing time was not so excluded,
it must be counted as hours worked if the changing of clothes or washing
is indispensable to the performance of the employee's work or is
required by law or by the rules of the employer. The same would be true
if the changing of clothes or washing was a preliminary or postliminary
activity compensable by contract, custom, or practice as provided by
section 4 of the Portal-to-Portal Act, and as discussed in Sec. 785.9
and part 790 of this chapter.
[30 FR 9912, Aug. 10, 1965]
