In November, 1947, the Administrator issued the Portal-to-Portal Bulletin (part 790 of this chapter). In dealing with this subject, § 790.8 (b) and (c) of this chapter said:
(b) The term “principal activities” includes all activities which are an integral part of a principal activity. Two examples of what is meant by an integral part of a principal activity are found in the report of the Judiciary Committee of the Senate on the Portal-to-Portal bill. They are the following:
(1) In connection with the operation of a lathe, an employee will frequently, at the commencement of his workday, oil, grease, or clean his machine, or install a new cutting tool. Such activities are an integral part of the principal activity, and are included within such term.
(2) In the case of a garment worker in a textile mill, who is required to report 30 minutes before other employees report to commence their principal activities, and who during such 30 minutes distributes clothing or parts of clothing at the workbenches of other employees and gets machines in readiness for operation by other employees, such activities are among the principal activities of such employee.
Such preparatory activities, which the Administrator has always regarded as work and as compensable under the Fair Labor Standards Act, remain so under the Portal Act, regardless of contrary custom or contract.
(c) Among the activities included as an integral part of a principal activity are those closely related activities which are indispensable to its performance. If an employee in a chemical plant, for example, cannot perform his principal activities without putting on certain clothes, changing clothes on the employer's premises at the beginning and end of the workday would be an integral part of the employee's principal activity. On the other hand, if changing clothes is merely a convenience to the employee and not directly related to his principal activities, it would be considered as a “preliminary” or “postliminary” activity rather than a principal part of the activity. However, activities such as checking in and out and waiting in line to do so would not ordinarily be regarded as integral parts of the principal activity or activities.
Notes of Decisions
Weissman v. Tyson Prepared Foods, Inc., 2013 WI App 109 (Wis. Ct. App. 2013).
· cites it 2× “It is sufficient to note at the outset that in 29 C.F.R. §§ 785.24 and 790.8, which are regulations promulgated by the U.”
Musch v. Domtar Indus., Inc., 587 F.3d 857 (7th Cir. 2009).
“7 (g); 29 C.F.R. § 785.24 (c) (“if changing clothes is merely a convenience to the employee and not directly related to his principal activities, it would be considered as a ‘preliminary’ or ‘postliminary’ activity rather than a principal part of the activity”).”
Buero v. Amazon.com Servs., Inc., 521 P.3d 471 (Or. 2022).
· cites it 2× “The exam- ple in Rule 43(1)(b) involving a lathe operator appears in 29 CFR §§ 785.24 and 790.8(b)(1). And the example in Rule 43(1)(c) involving agricultural workers required to “dress in protective clothing and thoroughly clean up after their work with or around pesticides” is…”
Mumbower v. Callicott, 526 F.2d 1183 (8th Cir. 1975).
“267 (1956); 29 C.F.R. §§ 785.24 and 785.25 (1974). Plaintiff contends that she regularly performed morning duties before officially opening the board and afternoon duties after scheduled closing, and that such extra work was knowingly permitted by the managing partner.”
DeKeyser v. Thyssenkrupp Waupaca, Inc., 747 F. Supp. 2d 1043 (E.D. Wis. 2010).
“7 (g) (noting that “changing clothes, washing up or showering,” when performed “under the conditions normally present” are properly classified as preliminary/postliminary activities); 29 C.F.R. § 785.24 (c) (“if changing clothes is merely a convenience to the employee and not…”
Dep't of Pub. Saf. & Corr. Servs. v. Palmer, 886 A.2d 554 (Md. 2005).
“]” *451 29 C.F.R. § 785.24 (b) explains that “[t]he term ‘principal activities’ includes all activities which are an integral part of a principal activity.”
Hiner v. Penn-Harris-Madison Sch. Corp., 256 F. Supp. 2d 854 (N.D. Ind. 2003).
“” 29 C.F.R. § 785.24 (b). The regulations do, however, provide examples of when an activity becomes compensable: Two examples of what is meant by an integral part of a principal activity are.”
Cherup v. Pittsburgh Plate Glass Co., 350 F. Supp. 386 (N.D.W. Va. 1972).
“If an employee in a chemical plant, for example, cannot perform his principal activities without putting on certain clothes, changing clothes on the employer’s premises at the beginning and end of the workday would be an integral part of the employee’s principal activity.”
Donovan v. Williams Chem. Co., 682 F.2d 185 (8th Cir. 1982).
“267 (1956); 29 C.F.R. § 785.24 , .25 (1974). In determining whether hours are compensable it is the duty of the court to look to the employment agreement to determine what the parties intended, and where that is impossible, to look to the circumstances to determine what was…”
Marshall v. Amsted Rail Co., 817 F. Supp. 2d 1066 (S.D. Ill. 2011).
“3d at 859 , citing 29 C.F.R. 785.24(c). On the other hand, the employee should be compensated if his washing up or changing clothes is “integral” and “indispensable” to his employment.”
Lindsey Buero v. amazon.com Servs., Inc. (9th Cir. 2023).
· cites it 2× “The exam- ple in Rule 43(1)(b) involving a lathe operator appears in 29 CFR §§ 785.24 and 790.8(b)(1). And the example in Rule 43(1)(c) involving agricultural workers required to “dress in protective clothing and thoroughly clean up after their work with or around pesticides” is…”
— 29 C.F.R. § 785.24(c) — 1 case
Marshall v. Amsted Rail Co., 817 F. Supp. 2d 1066 (S.D. Ill. 2011).
“3d at 859 , citing 29 C.F.R. 785.24(c). On the other hand, the employee should be compensated if his washing up or changing clothes is “integral” and “indispensable” to his employment.”
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