(a) The Portal-to-Portal Act. The Portal-to-Portal Act (secs. 1-13,
61 Stat. 84-89, 29 U.S.C. 251-262) eliminates from working time certain
travel and walking time and other similar ``preliminary'' and
``postliminary'' activities performed ``prior'' or ``subsequent'' to the
``workday'' that are not made compensable by contract, custom, or
practice. It should be noted that ``preliminary'' activities do not
include ``principal'' activities. See Secs. 790.6 to 790.8 of this
chapter. Section 4 of the Portal-to-Portal Act does not affect the
computation of hours worked within the ``workday''. ``Workday'' in
general, means the period between ``the time on any particular workday
at which such employee commences (his) principal activity or
activities'' and ``the time on any particular workday at which he ceases
such principal activity or activities.'' The ``workday'' may thus be
longer than the employee's scheduled shift, hours, tour of duty, or time
on the production line. Also, its duration may vary from day to day
depending
upon when the employee commences or ceases his ``principal'' activities.
With respect to time spent in any ``preliminary'' or ``postliminary''
activity compensable by contract, custom, or practice, the Portal-to-
Portal Act requires that such time must also be counted for purposes of
the Fair Labor Standards Act. There are, however, limitations on this
requirement. The ``preliminary'' or ``postliminary'' activity in
question must be engaged in during the portion of the day with respect
to which it is made compensable by the contract, custom, or practice.
Also, only the amount of time allowed by the contract or under the
custom or practice is required to be counted. If, for example, the time
allowed is 15 minutes but the activity takes 25 minutes, the time to be
added to other working time would be limited to 15 minutes. (Galvin v.
National Biscuit Co., 82 F. Supp. 535 (S.D.N.Y. 1949) appeal dismissed,
177 F. 2d 963 (C.A. 2, 1949))
(b) Section 3(o) of the Fair Labor Standards Act. Section 3(o) gives
statutory effect, as explained in Sec. 785.26, to the exclusion from
measured working time of certain clothes-changing and washing time at
the beginning or the end of the workday by the parties to collective
bargaining agreements.
[26 FR 190, Jan. 11, 1961, as amended at 30 FR 9912, Aug. 10, 1965]
