29 C.F.R. § 553.221

Compensable hours of work

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(a) The general rules on compensable hours of work are set forth in 29 CFR part 785 which is applicable to employees for whom the section 7(k) exemption is claimed. Special rules for sleep time (§ 553.222) apply to both law enforcement and employees in fire protection activities for whom the section 7(k) exemption is claimed. Also, special rules for meal time apply in the case of employees in fire protection activities (§ 553.223). Part 785 does not discuss the special provisions that apply to State and local government workers with respect to the treatment of substitution, special details for a separate and independent employer, early relief, and work performed on an occasional or sporadic and part-time basis, all of which are covered in this subpart.

(b) Compensable hours of work generally include all of the time during which an employee is on duty on the employer's premises or at a prescribed workplace, as well as all other time during which the employee is suffered or permitted to work for the employer. Such time includes all pre-shift and post-shift activities which are an integral part of the employee's principal activity or which are closely related to the performance of the principal activity, such as attending roll call, writing up and completing tickets or reports, and washing and re-racking fire hoses.

(c) Time spent away from the employer's premises under conditions that are so circumscribed that they restrict the employee from effectively using the time for personal pursuits also constitutes compensable hours of work. For example, where a police station must be evacuated because of an electrical failure and the employees are expected to remain in the vicinity and return to work after the emergency has passed, the entire time spent away from the premises is compensable. The employees in this example cannot use the time for their personal pursuits.

(d) An employee who is not required to remain on the employer's premises but is merely required to leave word at home or with company officials where he or she may be reached is not working while on call. Time spent at home on call may or may not be compensable depending on whether the restrictions placed on the employee preclude using the time for personal pursuits. Where, for example, an employee in fire protection activities has returned home after the shift, with the understanding that he or she is expected to return to work in the event of an emergency in the night, such time spent at home is normally not compensable. On the other hand, where the conditions placed on the employee's activities are so restrictive that the employee cannot use the time effectively for personal pursuits, such time spent on call is compensable.

(e) Normal home to work travel is not compensable, even where the employee is expected to report to work at a location away from the location of the employer's premises.

(f) A police officer, who has completed his or her tour of duty and who is given a patrol car to drive home and use on personal business, is not working during the travel time even where the radio must be left on so that the officer can respond to emergency calls. Of course, the time spent in responding to such calls is compensable.

(g) The fact that employees cannot return home after work does not necessarily mean that they continue on duty after their shift. For example, employees in fire protection activities working on a forest fire may be transported to a camp after their shift in order to rest and eat a meal. As a practical matter, the employee in fire protection activities may be precluded from going to their homes because of the distance of the fire from their residences.

[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987, as amended at 76 FR 18857, Apr. 5, 2011; 82 FR 2229, Jan. 9, 2017]

Notes of Decisions

Cited in 72 cases (11 in the last 5 years), 1988–2024 · leading case: Carlo Llorca v. Sheriff, Collier Cnty., Florida, 893 F.3d 1319 (11th Cir. 2018).

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Carlo Llorca v. Sheriff, Collier Cnty., Florida, 893 F.3d 1319 (11th Cir. 2018). · cites it 4× “29 C.F.R. § 553.221 (f). We find that this regulation is persuasive because it is a reasonable interpretation of the statutory provision regarding activities incidental to commuting in an employer’s vehicle.”

William Russell Aiken v. City of Memphis, Tennessee, 190 F.3d 753 (6th Cir. 1999). · cites it 3× “” Generally speaking, the FLSA requires employers to compensate an employee at a rate of pay not less than one and one-half times the employee’s normal rate of pay for hours the employee works above the statute’s applicable maximum workweek.”

Raper v. State, 688 N.W.2d 29 (Iowa 2004). · cites it 2× “29 C.F.R. § 553.221 (e). The regulation further provides: A police officer, who has completed his or her tour of duty and who is given a patrol car to drive home and use on personal business, is not working during the travel time even where the radio must be left on so that the…”

Brubach v. City of Albuquerque, 893 F. Supp. 2d 1216 (D.N.M. 2012). · cites it 5× “The Department of Labor has explained that an activity is “an integral part of a principal activity” if it is a “closely related” activity that is “indispensable to its performance.” 5 29 C.F.R. § 790.8 (c).”

Morillion v. Royal Packing Co., 995 P.2d 139 (Cal. 2000). “223 *13 (1998); see also 29 C.F.R. §§ 553.221 (b), 785.7 (1998).) As the Court of Appeal observed, the Portal-to-Portal Act ( 29 U.”

Easter v. United States, 575 F.3d 1332 (Fed. Cir. 2009). “221(e) of the Labor Department regulations, 29 C.F.R. § 553.221 (e), establishes the baseline principle that “[njormal home to work travel is not compensable, even where the employee is expected to report to work at a location away from the locátion of the employer’s premises.”

Marshall Martin, Jr., on Behalf of Himself & All Other Employees of the Ohio Tpk. Comm'n Similarly Situated v. Ohio Tpk. Comm'n, 968 F.2d 606 (6th Cir. 1992). “On the other hand, where the conditions placed on the employee’s activities are so restrictive that the employee cannot use the time effectively for personal pursuits, such time spent on call is compensable.”

Int'l Ass'n of Firefighters, Local 349 v. City of Rome, 682 F. Supp. 522 (N.D. Ga. 1988). · cites it 2× “The applicable regulations that implemented section 7(k) of the statute are found at 29 C.F.R. § 553.221 (1987). 1 For calculating compensable hours worked, the regulations adopt the concept of a “tour of duty” rather than the traditional work day: The term “tour of duty” .”

Roberts v. State, 483 P.3d 212 (Ariz. Ct. App. 2021). · cites it 2× “See 29 C.F.R. §§ 553.221 (b) (“[Compensable] time includes all pre-shift and post-shift activities which are an integral part of the employee’s principal activity or which are closely related to the performance of the principal activity .”

Molina v. First Line Solutions LLC, 566 F. Supp. 2d 770 (N.D. Ill. 2007). “The FLSA claims will be dismissed to the extent based on inadequately compensated on-call time. Under the IMWL, an employee’s “time spent on-call away from his/her employer’s premise are compensable hours worked when such time is spent predominantly for the benefit of the…”

Dager v. City of Phoenix, 646 F. Supp. 2d 1085 (D. Ariz. 2009). · cites it 3× “142 Finally, plaintiffs’ contention that the “suffer or permit” rule, as explained in 29 C.F.R. § 553.221 (b), compels compensation for time “during which the employee is suffered or permitted to work for the employer” is not persuasive.”

Robert W. Kohlheim, Cross-Appellees v. Glynn Cnty., Georgia, a Political Subdivision of the State of Georgia, Cross-Appellant, 915 F.2d 1473 (11th Cir. 1990). “29 C.F.R. § 553.221 (a) (1989). 15 . 29 C.”

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— 29 C.F.R. § 553.221(d) — 1 case

Robert Sarmiento v. City & Cnty. of Denver, a Mun. Corp., 82 F.3d 426 (10th Cir. 1996).

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