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. § 785.42

Adjusting grievances

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Time spent in adjusting grievances between an employer and employees during the time the employees are required to be on the premises is hours worked, but in the event a bona fide union is involved the counting of such time will, as a matter of enforcement policy, be left to the process of collective bargaining or to the custom or practice under the collective bargaining agreement.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1975–2025 · leading case: Bradley Debraska v. City of Milwaukee, 189 F.3d 650 (7th Cir. 1999).
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Bradley Debraska v. City of Milwaukee, 189 F.3d 650 (7th Cir. 1999). · cites it 2× “If an oral preliminary hearing was held during an officer’s duty shift, then the City treated hearing time as work time.”
Maples v. Illinois Bell Tel. Co., 594 F. Supp. 2d 937 (N.D. Ill. 2009). · cites it 2× “29 C.F.R. § 785.42 . Accordingly, MXUU hours could be counted for FMLA eligibility purposes in three possible ways: (1) as “time spent in adjusting grievances” under the language of the regulation; (2) by stipulation in the parties’ CBA; or (3) by the “custom and practice” of…”
Kayser v. Sw. Bell Tel. Co., 912 F. Supp. 2d 803 (E.D. Mo. 2012). “Grievance adjustment procedures are dealt with specifically in 29 C.F.R. § 785.42 : Time spent adjusting grievances between an employer and employees during the time the employees are required to be on the premises is hours worked, but in the event a bona fide union is involved…”
Frank Leone v. Mobil Oil Corp., 523 F.2d 1153 (D.C. Cir. 1975). “10 Judge Smith, therefore, properly considered the Secretary’s ruling in deciding this case.”
Local 1605 Amalgamated Transit Union v. Cent. Contra Costa Cnty. Transit Auth., 73 F. Supp. 2d 1117 (N.D. Cal. 1999). “Plaintiffs likewise contend that 29 C.F.R. § 785.42 , which governs the adjustment of grievances under FLSA also suggests that custom or practice under a collective bargaining agreement determines whether collective bargaining activities constitute work under FLSA.”
Weller v. Icahn Sch. of Med. at Mount Sinai, No. 1:23-cv-04775 (E.D.N.Y. Mar. 7, 2025). · cites it 3× “” 29 C.F.R. § 785.42 (emphasis added). Plaintiff’s factual allegations are insufficient to establish that the 19.”
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