Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) requires that each employee, not specifically exempted, who is engaged in commerce, or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce, or in the production of goods for commerce receive a specified minimum wage. Section 7 of the Act (29 U.S.C. 207) provides that persons may not be employed for more than a stated number of hours a week without receiving at least one and one-half times their regular rate of pay for the overtime hours. The amount of money an employee should receive cannot be determined without knowing the number of hours worked. This part discusses the principles involved in determining what constitutes working time. It also seeks to apply these principles to situations that frequently arise. It cannot include every possible situation. No inference should be drawn from the fact that a subject or an illustration is omitted. If doubt arises inquiries should be sent to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210, or to any area or Regional Office of the Division.
[35 FR 15289, Oct. 1, 1970]
Notes of Decisions
Carla Mutchler v. Dunlap Mem'l Hosp. Kathy Loede, 485 F.3d 854 (6th Cir. 2007).
· cites it 2× “3, 25 (noting the “hours of service” requirement should be construed “under section 7 of the FLSA and regulations under that act, 29 CFR Part 785 (see 29 CFR 778.103)”); see also 29 C.”
Kari Sehie v. City of Aurora, 432 F.3d 749 (7th Cir. 2005).
· cites it 2× “Furthermore, Aurora has presented no case law in support of its opinion, and it fails to cite 29 C.F.R. § 785.1 (2005), another regulation pertaining to the FLSA, which supports a more expansive reading of § 785.”
Staunch v. Cont'l Airlines, Inc., 511 F.3d 625 (6th Cir. 2008).
“§ 785 discuss the principles involved in determining what constitutes working time for purposes of FLSA, as well as our analysis of FMLA’s hours of service requirement.”
Giguere v. Port Resources Inc., 927 F.3d 43 (1st Cir. 2019).
“See 29 C.F.R. § 785.1 (noting that "[i]f doubt arises" in "determining what constitutes working time" under DOL's regulations, the party in doubt should send "inquiries" to DOL).”
AHMC Healthcare, Inc. v. Superior Court of L. A. Cnty., 234 Cal. Rptr. 3d 804 (Cal. Ct. App. 5th 2018).
“48 is part of section 785, title 29 of the Code of Federal Regulations, the regulations that define "what constitutes working time" for purposes of determining whether employees are receiving the minimum wage or are entitled to overtime.”
Gonzalez v. Rite Aid of New York, Inc., 199 F. Supp. 2d 122 (S.D.N.Y. 2002).
“29 C.F.R. § 785.1 . “Hours worked” under the FLSA include hours the employee volunteers to work as extra hours, so long as the employer knows or should know of the arrangement.”
Dean v. Akal Sec., 3 F.4th 137 (5th Cir. 2021).
“” 29 C.F.R. § 785.1 . We will defer to DOL regulations concerning the FLSA when they are “based on a permissible construction of the statute.”
Montoya v. CRST Expedited, Inc., 88 F.4th 309 (1st Cir. 2023).
“See 29 C.F.R. § 785.1 (noting that the DOL regulations outline "the principles involved in determining what constitutes working time" under the FLSA).”
Kerce v. West Telemarketing Corp., 575 F. Supp. 2d 1354 (S.D. Ga. 2008).
“, training programs need not be counted as working time if (1) attendance is voluntary; (2) the course is not directly related to the employee’s job; (3) attendance is outside of regular working hours; and (4) the employee does not perform productive work during attendance.”
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