29 C.F.R. §785.11 - General

Cite as29 C.F.R. §785.11
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259 cases
  • Colon v. Colomer, CIV. NO. 18-1360 (MDM)
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • August 6, 2020
    ...but suffered or permitted is work time" if "[t]he employer knows or has reason to believe that [the employee] is continuing to work." 29 C.F.R. § 785.11. The Defendant's actual or constructive knowledge that Vega was performing work for which he was undercompensated is a necessary condition......
  • Hunter v. Sprint Corp., Civil Action No. 04-0376 (JDB).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 22, 2006
    ...(emphasis supplied). Employment is defined as work that is "suffered or permitted" by the employer, even if not requested. See 29 C.F.R. § 785.11. All hours of employment count for purposes of overtime calculation, so long as the "employer knows or has reason to believe that [the employee] ......
  • Senne v. Kan. City Royals Baseball Corp., Case No. 14-cv-00608-JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 21, 2016
    ...work performed remotely is compensable if the employer "knows or has reason to believe that the work is being performed." Id. (quoting 29 C.F.R. § 785.11). Plaintiffs note that the laws of the states at issue do "not distinguish between work performed at the job site versus work performed a......
  • Reich v. IBP, Inc., Civ. A. No. 88-2171-EEO.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • June 3, 1993
    ...Handler v. Thrasher, 191 F.2d 120 (10th Cir.1951); Hudson Stations, 1983 WL 2110, 99 Lab.Cas. (CCH) ¶ 34,463 29 U.S.C. § 203(g); 29 C.F.R. §§ 785.11, In 1946, the Supreme Court in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 90 L.Ed. 1515 (1946), interpreted the FLSA to......
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15 firm's commentaries
  • Hot Wage and Hour Issues for Home Healthcare Employers
    • United States
    • JD Supra United States
    • March 20, 2013
    ...2012 U.S. Dist. LEXIS 103052, at **6-7 (E.D.N.Y. July 24, 2012); see also 29 C.F.R. § 785.27 (compensability of training time). 104 29 C.F.R. §§ 785.11-785.12. 105 29 C.F.R. § 785.13. 106 Id. 107 See, e.g., Brooks v. Watson Home Health Care, Inc., Case No. 2:12-cv-13599-GCS-RS W (E.D. Mich.......
  • The “Bring Your Own Device” To Work Movement: Engineering Practical Employment and Labor Law Compliance Solutions - May 2012
    • United States
    • JD Supra United States
    • May 11, 2012
    ...that an employer must consider in determining whether an accommodation poses an undue hardship). 136 29 U.S.C. §§ 203(g), 207(a); 29 C.F.R. § 785.11. (“Work not requested but suffered or permitted is work time”). 137 29 C.F.R. § 785.12 (“If the employer knows or has reason to believe that t......
  • The Third Circuit Provides Guidance On Thorny FMLA And ADA Issues
    • United States
    • Mondaq United States
    • October 12, 2009
    ...hours worked beyond an employee's regular schedule or off site count if the employer knew or had reason to know about them, citing 29 C.F.R. § 785.11. The court concluded that Nationwide only had constructive knowledge of a portion of Erdman's comp time – from September 2002 (when Erdman e-......
  • Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act
    • United States
    • LexBlog United States
    • February 15, 2023
    ...employees for all hours worked, including work performed in their home or otherwise away from the employer’s premises or job site. 29 C.F.R. § 785.11-.12. When it comes to breaks taken during the workday, the FLSA’s general principle that short breaks of twenty minutes or less are generally......
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3 books & journal articles
  • Fair labor standards act
    • United States
    • James Publishing Practical Law Books Federal Employment Jury Instructions - Volume I
    • April 30, 2014
    ...to believe that the employee was continuing to work, then the time is work time and it is compensable. Comments Source of Instruction: 29 C.F.R. §785.11. §6:205 Hours Worked The first issue you will have to decide is whether or not the activities at issue are “work.” When deciding whether a......
  • 72 The Alabama Lawyer 462 (2011). Wage and Hour Myths:.
    • United States
    • Alabama Bar Lawyer No. 2011, January 2011
    • January 1, 2011
    ...Alabama offices of the United States Department of Labor have a policy to not become involved in private resolutions of FLSA claims. 29 C.F.R. § 785.11. Id. Reich v. Dept. of Conservation and Natural Resources, State of Ala., 28 F.3d 1076, 1082 (11th Cir. 1994). Brennan v. General Motors Ac......
  • A Fair Day's Pay for a Fair Day's Work': Why Congress Should Amend the Fair Labor Standards Act to Include an Actual Time Test for Retroactive Damages
    • United States
    • Iowa Law Review No. 99-3, March 2014
    • March 1, 2014
    ...pay might necessitate an ‘average,’ the measure of compensable time is that actually spent . . . .”). 167. See supra Part II. 168. See 29 C.F.R. § 785.11 (2012) (“Work not requested but suffered or permitted is work time.”). As long as an “employer knows or has a reason to believe that” an ......

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