Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day's work, and must be counted as hours worked regardless of contract, custom, or practice. If an employee normally finishes his work on the premises at 5 p.m. and is sent to another job which he finishes at 8 p.m. and is required to return to his employer's premises arriving at 9 p.m., all of the time is working time. However, if the employee goes home instead of returning to his employer's premises, the travel after 8 p.m. is home-to-work travel and is not hours worked. (Walling v. Mid-Continent Pipe Line Co., 143 F. 2d 308 (C. A. 10, 1944))
Notes of Decisions
Williams v. Epic Sec. Corp., 358 F. Supp. 3d 284 (S.D. Ill. 2019).
· cites it 2× “29 C.F.R. § 785.38 . The regulations state in full: Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel time from the designated place to the work place is part of the…”
Gortat v. Capala Bros., 257 F.R.D. 353 (E.D.N.Y 2009).
· cites it 2× “” 29 C.F.R. § 785.38 . In the case at bar, the defendants argue, first, that the principal activity which the plaintiffs were hired to perform “consisted of outdoor activities such as roofing and brick pointing at various Manhattan buildings” and that the travel from the…”
Johnson v. RGIS Inventory Specialists, 554 F. Supp. 2d 693 (E.D. Tex. 2007).
· cites it 4× “(citation omitted) (emphasis in original) (quoting 29 C.F.R. § 785.38 ). Under the “continuous workday,” or “whistle to whistle,” rule, the workday is defined as “ ‘the period between the commencement and completion on the same workday of an employee’s principal activity or…”
Jimenez v. Servicios Agricolas Mex, Inc., 742 F. Supp. 2d 1078 (D. Ariz. 2010).
· cites it 4× “See 29 C.F.R. § 785.38 (“Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.”
Elliott Gelber v. AKAL Sec., Inc., 14 F.4th 1279 (11th Cir. 2021).
· cites it 2× “” 29 C.F.R. § 785.38 . For instance, “[i]f an employee normally finishes his work on the premises at 5 p.”
Tina Vance v. Amazon.com, Inc., 852 F.3d 601 (6th Cir. 2017).
“See 29 C.F.R. § 785.38 (“Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the work day, must be counted as hours worked.”
Singh v. City of New York, 524 F.3d 361 (2d Cir. 2008).
“See 29 C.F.R. § 785.38 ("Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.”
Hyman v. Efficiency, Inc., 605 S.E.2d 254 (N.C. Ct. App. 2004).
· cites it 3× “746, 753 (1964) (emphasis supplied); 29 C.F.R. § 785.38 (2004). Plaintiff relies heavily on Preston, 90 F.”
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