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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 785.21 - Less than 24-hour duty.

  • Section Number: 785.21
  • Section Name: Less than 24-hour duty.

    An employee who is required to be on duty for less than 24 hours is 
working even though he is permitted to sleep or engage in other personal 
activities when not busy. A telephone operator, for example, who is 
required to be on duty for specified hours is working even though she is 
permitted to sleep when not busy answering calls. It makes no difference 
that she is furnished facilities for sleeping. Her time is given to her 
employer. She is required to be on duty and the time is worktime. 
(Central Mo. Telephone Co. v. Conwell, 170 F. 2d 641 (C.A. 8, 1948); 
Strand v. Garden Valley Telephone Co., 51 F. Supp. 898 (D. Minn. 1943); 
Whitsitt v. Enid Ice & Fuel Co., 2 W. H. Cases 584; 6 Labor Cases para. 
61,226 (W.D. Okla. 1942).)
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