(a) General. Periods during which an employee is completely relieved
from duty and which are long enough to enable him to use the time
effectively for his own purposes are not hours worked. He is not
completely relieved from duty and cannot use the time effectively for
his own purposes unless he is definitely told in advance that he may
leave the job and that he will not have to commence work until a
definitely specified hour has arrived. Whether the time is long enough
to enable him to use the time effectively for his own purposes depends
upon all of the facts and circumstances of the case.
(b) Truck drivers; specific examples. A truck driver who has to wait
at or near the job site for goods to be loaded is working during the
loading period. If the driver reaches his destination and while awaiting
the return trip is required to take care of his employer's property, he
is also working while waiting. In both cases the employee is engaged to
wait. Waiting is an integral part of the job. On the other hand, for
example, if the truck driver is sent from Washingtion, DC to New York
City, leaving at 6 a.m. and arriving at 12 noon, and is completely and
specifically relieved from all duty until 6 p.m. when he again goes on
duty for the return trip the idle time is not working time. He is
waiting to be engaged. (Skidmore v. Swift, 323 U.S. 134, 137 (1944);
Walling v. Dunbar Transfer & Storage, 3 W.H. Cases 284; 7 Labor Cases
para. 61,565 (W.D. Tenn. 1943); Gifford v. Chapman, 6 W.H. Cases 806; 12
Labor Cases para. 63,661 (W.D. Okla., 1947); Thompson v. Daugherty, 40
Supp. 279 (D. Md. 1941))
