29 CFR § 776.30 - Construction performed on temporarily idle facilities.

---
identifier: "/us/cfr/t29/s776.30"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 776.30 - Construction performed on temporarily idle facilities."
title_number: 29
title_name: "Labor"
section_number: "776.30"
section_name: "Construction performed on temporarily idle facilities."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "776"
part_name: "INTERPRETATIVE BULLETIN ON THE GENERAL COVERAGE OF THE WAGE AND HOURS PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "52 Stat. 1060, as amended; 29 U.S.C. 201-219."
cfr_part: "776"
---


# 776.30 Construction performed on temporarily idle facilities.

The Act applies to work on a covered interstate instrumentality or production facility even though performed during periods of temporary non-use or idleness. 
<sup>52</sup>
[^] The courts have held the Act applicable to performance of construction work upon a covered facility even though the use of the facility was temporarily interrupted or discontinued. 
<sup>53</sup>
[^] It is equally clear that the repair or maintenance of a covered facility (including its machinery, tools, dies, and other equipment) though performed during the inactive or dead season, is subject to the Acts. 
<sup>54</sup>
[^]

<sup>52</sup> *Walton* v. *Southern Package Corp.,* 320 U.S. 540; *Slover* v. *Wathen & Co.,* 140 F. (2d) 258 (C.A. 4); *Bodden* v. *McCormick Shipping Corp.,* 188 F. (2d) 733; and *Russell Co.* v. *McComb,* 187 F. (2d) 524 (C.A. 5).

<sup>53</sup> *Pedersen* v. *J. F. Fitzgerald Construction Co.,* ante; *Bennett* v. *V. P. Loftis,* ante; *Walling* v. *McCrady Const. Co.,* ante; and *Bodden* v. *McCormick Shipping Corp.,* 188 F. (2d) 733.

<sup>54</sup> *Maneja* v. *Waialua Agricultural Co.,* 349 U.S. 254; *Bowie* v. *Gonzalez,* 117 F. (2d) 11; *Weaver* v. *Pittsburgh Steamship Co.,* 153 F. (2d) 597, certiorari denied 328 U.S. 858; *Walling* v. *Keensburg Steamship Co.,* 462 F. (2d) 405.