29CFR790.790.11 - Contract, custom or practice in effect ``at the time of such activity.''

Content Last Revised: 11/18/47
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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 790
General Statement As to the Effect of the Portal-to-Portal Act of 1947 on the Fair Labor Standards Act of 1938

29 CFR 790.11 - Contract, custom or practice in effect ``at the time of such activity.''

Section Number: 790.11
Section Name: Contract, custom or practice in effect ``at the time of such activity.''

    The ``contract,'' ``custom'' or ``practice'' on which the 
compensability of the activities referred to in section 4 of the Portal 
Act may be based, is a contract, custom or practice in effect ``at the 
time of such activity.'' Thus, the compensability of such an activity, 
and its inclusion in computation of hours worked, is not determinable by 
a custom or practice which had been terminated before the activity was 
engaged in or was adopted some time after the activity was performed. 
This phrase would also seem to permit recognition of changes in customs, 
practices and agreements which reflect changes in labor-management 
relations or policies.