A ``preliminary'' or ``postliminary'' activity of the kind referred
to in section 4 of the Portal Act is compensable under a contract,
custom, or practice within the meaning of that section ``only when it is
engaged in during the portion of the day with respect to which it is so
made compensable.'' 84 This provision in no way affects the
compensability of activities performed within the workday proper or the
computation of hours worked within such workday for purposes of the Fair
Labor Standards Act; 85 the provision is applicable only to
walking, riding, traveling or other ``preliminary'' or ``postliminary''
activities of the kind described in section 4(a) of the Portal
Act,86 which are engaged in outside the workday, during the
portions of the day before performance of the first principal activity
and after performance of the last principal activity of the
employee.87
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84 Section 4(c) of the Portal Act (set out in full in
Sec. 790.3).
85 See Secs. 790.4-790.6.
86 Conference Report, pp. 12, 13.
87 See Conference Report, p. 13; Secs. 790.4(c) and
790.5(b).
The scope of section 4(c) is narrower in this respect than that of
section 2(b), which is couched in identical language. Cf. Conference
Report, pp. 9, 10; pp. 12, 13. See also Sec. 790.23.
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