(a) General. Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time effectively for his own purposes depends upon all of the facts and circumstances of the case.
(b) Truck drivers; specific examples. A truck driver who has to wait at or near the job site for goods to be loaded is working during the loading period. If the driver reaches his destination and while awaiting the return trip is required to take care of his employer's property, he is also working while waiting. In both cases the employee is engaged to wait. Waiting is an integral part of the job. On the other hand, for example, if the truck driver is sent from Washingtion, DC to New York City, leaving at 6 a.m. and arriving at 12 noon, and is completely and specifically relieved from all duty until 6 p.m. when he again goes on duty for the return trip the idle time is not working time. He is waiting to be engaged. (Skidmore v. Swift, 323 U.S. 134, 137 (1944); Walling v. Dunbar Transfer & Storage, 3 W.H. Cases 284; 7 Labor Cases para. 61,565 (W.D. Tenn. 1943); Gifford v. Chapman, 6 W.H. Cases 806; 12 Labor Cases para. 63,661 (W.D. Okla., 1947); Thompson v. Daugherty, 40 Supp. 279 (D. Md. 1941))
Notes of Decisions
Rutti v. Lojack Corp., Inc., 596 F.3d 1046 (9th Cir. 2010).
· cites it 6× “Our determination that Rutti's postliminary activity, the PDT transmission, is integrally related to Rutti's principal activities might support the extension of his work day through his travel back to his residence, were it not for 29 C.F.R. § 785.16 . This regulation provides…”
United Transp. Union Local 1745 v. City of Albuquerque, 178 F.3d 1109 (10th Cir. 1999).
· cites it 8× “” 29 C.F.R. § 785.16 . Each case is fact- specific: “Whether the time is long enough to enable him to use the time effectively for his own purposes depends upon all the facts and circumstances of the case.”
Kuebel v. Black & Decker Inc., 643 F.3d 352 (2d Cir. 2011).
· cites it 2× “A helpful analogy is provided by 29 C.F.R. § 785.16 . Although that regulation directly applies in the slightly different context of whether time spent waiting is compensable, see 29 C.”
Richard Chambers v. Sears Roebuck & Co., 428 F. App'x 400 (5th Cir. 2011).
· cites it 2× “The combined facts that a technician may choose when to troubleshoot the SST (if troubleshooting is necessary at all), and the technician is “completely relieved from duty” after completing troubleshooting activities so he may use this time for his own purposes, makes the…”
Butler v. DirectSat USA, LLC, 55 F. Supp. 3d 793 (D. Maryland 2014).
· cites it 2× “In so holding, the court drew upon 29 C.F.R. § 785.16 (a), which provides, in the context of waiting time, that “[p]eriods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not…”
Ahle v. Veracity Rsch. Co., 738 F. Supp. 2d 896 (D. Minnesota 2010).
· cites it 2× “He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long…”
Yu G. Ke v. Saigon Grill, Inc., 595 F. Supp. 2d 240 (S.D.N.Y. 2008).
“” 29 C.F.R. § 785.16 (a). In this case, as we have noted, the plaintiffs were expected to be available to make deliveries as needed throughout their tours of duty, and were also required by defendants to perform other tasks between deliveries.”
Bono Enter., Inc. v. Bradshaw, 95 Cal. Daily Op. Serv. 1493 (Cal. Ct. App. 1995).
· cites it 2× “( 29 C.F.R. § 785.16 (1994).) However, under the FLSA, “an employee is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a…”
— 29 C.F.R. § 785.16(a) — 1 case
— 29 C.F.R. § 785.16(b) — 3 cases
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