C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 785—HOURS WORKED › Subpart C—Application of Principles

29 C.F.R. § 785.13

Duty of management

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In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.

Notes of Decisions
Cited in 95 cases (17 in the last 5 years), 1975–2026 · leading case: Chao v. Gotham Registry, Inc., 514 F.3d 280 (2d Cir. 2008).
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Chao v. Gotham Registry, Inc., 514 F.3d 280 (2d Cir. 2008). · cites it 8× “"); 29 C.F.R. § 785.13 . This duty arises even where the employer has not requested the overtime be performed or does not desire the employee to work, or where the employee fails to report his overtime hours.”
Edward Monroe v. FTS USA, LLC, 860 F.3d 389 (6th Cir. 2017). · cites it 2× “See 29 C.F.R. § 785.13 ; see also U.S. Dep’t of Labor v.”
Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005). · cites it 5× “402 (a); 29 C.F.R. § 785.13 (2005); accord Mt. Clemens Pottery, 328 U.”
Margaret White v. Baptist Mem'l Health Care Co., 699 F.3d 869 (6th Cir. 2012). · cites it 2× “29 C.F.R. § 785.13 ; see also Wage & Hour Div.”
Jeffrey Allen v. City of Chicago, 865 F.3d 936 (7th Cir. 2017). · cites it 2× “2011) (employer cannot “sit back and accept” work without compensating it, even if employer has rules against overtime work), quoting 29 C.F.R. § 785.13 . Employers must, as a result, pay for all work they know about, even if they did not ask for the work, even if they did not…”
Kellar v. Summit Seating Inc., 664 F.3d 169 (7th Cir. 2011). · cites it 2× “” See 29 C.F.R. § 785.13 . The employer “cannot sit back and accept the benefits without compensating for them.”
Torres v. Gristede's Operating Corp., 628 F. Supp. 2d 447 (S.D.N.Y. 2008). · cites it 2× “29 C.F.R. § 785.13 . Thus, an employer with knowledge of its employees’ overtime work cannot insulate itself simply by promulgating a maximum forty-hour workweek policy.”
Hinterberger v. Catholic Health Sys., 299 F.R.D. 22 (W.D.N.Y. 2014). · cites it 4× “In each case involving employer policies against working or reporting overtime, the deciding court cited 29 C.F.R. § 785.13 : [I]t is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed.”
Garner v. Chevron Phillips Chem. Co., 834 F. Supp. 2d 528 (S.D. Tex. 2011). · cites it 3× “Under 29 C.F.R. § 785.13 , “[i]n all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed.”
Gordon v. Kaleida Health, 299 F.R.D. 380 (W.D.N.Y. 2014). · cites it 3× “After characterizing this system as a prohibition against unreported work, the district court reasoned that 29 C.F.R. § 785.13 imposed a duty on the hospital to “make every effort to ensure that DeMarco complied with those directives.”
Keun-Jae Moon v. Joon Gab Kwon, 248 F. Supp. 2d 201 (S.D.N.Y. 2002). “It cannot sit back and accept the benefits without compensating for them.”
Longcrier v. HL-A CO., INC., 595 F. Supp. 2d 1218 (S.D. Ala. 2009). “”); 29 C.F.R. § 785.13 (employer "cannot sit back and accept the benefits without compensating for them”).”
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