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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 785.37 - Home to work on special one-day assignment in another city.

  • Section Number: 785.37
  • Section Name: Home to work on special one-day assignment in another city.

    A problem arises when an employee who regularly works at a fixed 
location in one city is given a special 1-day work assignment in another 
city. For example, an employee who works in Washington, DC, with regular 
working hours from 9 a.m. to 5 p.m. may be
given a special assignment in New York City, with instructions to leave 
Washington at 8 a.m. He arrives in New York at 12 noon, ready for work. 
The special assignment is completed at 3 p.m., and the employee arrives 
back in Washington at 7 p.m. Such travel cannot be regarded as ordinary 
home-to-work travel occasioned merely by the fact of employment. It was 
performed for the employer's benefit and at his special request to meet 
the needs of the particular and unusual assignment. It would thus 
qualify as an integral part of the ``principal'' activity which the 
employee was hired to perform on the workday in question; it is like 
travel involved in an emergency call (described in Sec. 785.36), or like 
travel that is all in the day's work (see Sec. 785.38). All the time 
involved, however, need not be counted. Since, except for the special 
assignment, the employee would have had to report to his regular work 
site, the travel between his home and the railroad depot may be 
deducted, it being in the ``home-to-work'' category. Also, of course, 
the usual meal time would be deductible.
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