29 CFR 790.11 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — General Statement As To The Effect Of The Portal-To-Portal Act Of 1947 On The Fair Labor Standards Act Of 1938 (§ 790.1 To § 790.22) — Provisions Relating To Certain Activities Engaged In By Employees On Or After May 14, 1947 (§ 790.3 To § 790.12) — Contract, custom or practice in effect “at the time of such activity.”

4 Aug 2016

The “contract,” “custom” or “practice” on which the compensability of the activities referred to in section 4 of the Portal Act may be based, is a contract, custom or practice in effect “at the time of such activity.” Thus, the compensability of such an activity, and its inclusion in computation of hours worked, is not determinable by a custom or practice which had been terminated before the activity was engaged in or was adopted some time after the activity was performed. This phrase would also seem to permit recognition of changes in customs, practices and agreements which reflect changes in labor-management relations or policies.

29 CFR 790.11