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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 785  

Hours Worked

 

 

 

Subpart C  

Application of Principles

29 CFR 785.14 - General.

  • Section Number: 785.14
  • Section Name: General. 
    Whether waiting time is time worked under the Act depends upon 
particular circumstances. The determination involves ``scrutiny and 
construction of the agreements between particular parties, appraisal of 
their practical construction of the working agreement by conduct, 
consideration of the nature of the service, and its relation to the 
waiting time, and all of the circumstances. Facts may show that the 
employee was engaged to wait or they may show that he waited to be 
engaged.'' (Skidmore v. Swift, 323 U.S. 134 (1944)) Such questions 
``must be determined in accordance with common sense and the general 
concept of work or employment.'' (Central Mo. Tel. Co. v. Conwell, 170 
F. 2d 641 (C.A. 8, 1948))
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