49 U.S.C. § 28301

General

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(a)Eight Hour Day.—In contracts for labor and service, 8 hours shall be a day’s work and the standard day’s work for determining the compensation for services of an employee employed by a common carrier by railroad subject to subtitle IV of this title and actually engaged in any capacity in operating trains used for transporting passengers or property on railroads from—(1) a State of the United States or the District of Columbia to any other State or the District of Columbia;(2) one place in a territory or possession of the United States to another place in the same territory or possession;(3) a place in the United States to an adjacent foreign country; or(4) a place in the United States through a foreign country to any other place in the United States.(b)Application.—Subsection (a) of this section—(1) does not apply to—(A) an independently owned and operated railroad not exceeding one hundred miles in length;(B) an electric street railroad; and(C) an electric interurban railroad; but(2) does apply to an independently owned and operated railroad less than one hundred miles in length—(A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or(B) engaged in transfers of freight between railroads or between railroads and industrial plants.(Added Pub. L. 104–287, § 5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)

Historical and Revision Notes
28301	45:65.	Sept. 3, 5, 1916, ch. 436, § 1, 39 Stat. 721.
	(uncodified).	Sept. 3, 5, 1916, ch. 436, §§ 2, 3, 39 Stat. 721.

Historical and Revision Notes

28301

45:65.

Sept. 3, 5, 1916, ch. 436, § 1, 39 Stat. 721.

(uncodified).

Sept. 3, 5, 1916, ch. 436, §§ 2, 3, 39 Stat. 721.

In subsection (a), the word “determining” is substituted for “reckoning” for clarity. The words “who are not or may hereafter be employed” are omitted as surplus. In clause (1), the words “or territory” are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words “or possession of the United States” are added for consistency in the revised title and with other titles of the United States Code.

The text of sections 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1997–2024 · leading case: Wisconsin Cent., Ltd. v. Shannon, 539 F.3d 751 (7th Cir. 2008).

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Wisconsin Cent., Ltd. v. Shannon, 539 F.3d 751 (7th Cir. 2008). · cites it 4× “721 (codified as amended at 49 U.S.C. § 28301 ). As discussed by the Supreme Court in Wilson v.”

Nat'l Mining Ass'n v. Mine Saf. & Health Admin., 116 F.3d 520 (D.C. Cir. 1997). “§ 5196 (j)(8) (when construction work is financed with federal funds made available to states for emergency preparedness purposes, construction workers must receive overtime for hours worked “in excess of eight hours in any workday”); 49 U.”

Wisconsin Cent. v. Shannon, Catherine (7th Cir. 2008). · cites it 4× “721 (codified as amended at 49 U.S.C. § 28301 ). The purpose of the Hours of Service Act was “to promote safety in operating trains by preventing the excessive mental and physical strain which usually results from remaining too long at an exacting task,” Chicago & A.”

Richard J. Malouf, D.D.S. v. the State of Texas Ex Rels. Christine Ellis, D.D.S. & Madelayne Castillo (Tex. 2024). “For example, 49 U.S.C. § 28301 (b) provides that the preceding section “does not apply to .”

Union Pac. R.R. Co. v. Feek (W.D. Wash. 2024). “3 Additionally, Plaintiff argues, the Adamson Act, 49 U.S.C. § 28301 , preempts Defendant 4 from mandating paid sick leave benefits beyond those that are collectively bargained for.”

Union Pac. R.R. Co. v. Feek (W.D. Wash. 2024). “, which 17 requires that railroads pay for sickness benefits for employees that are unable to work due 18 to illness or injury, expressly preempts the PFML as to railroad employees, and that the 19 Adamson Act, 49 U.S.C. § 28301 , preempts Defendant from mandating paid sick…”

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