29 CFR § 790.11 - Contract, custom or practice in effect “at the time of such activity.”
---
identifier: "/us/cfr/t29/s790.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 790.11 - Contract, custom or practice in effect “at the time of such activity.”"
title_number: 29
title_name: "Labor"
section_number: "790.11"
section_name: "Contract, custom or practice in effect “at the time of such activity.”"
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: "790"
part_name: "GENERAL STATEMENT AS TO THE EFFECT OF THE PORTAL-TO-PORTAL ACT OF 1947 ON 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; 110 Stat. 1755; 29 U.S.C. 201-219; 29 U.S.C. 254."
regulatory_source: "12 FR 7655, Nov. 18, 1947, unless otherwise noted."
cfr_part: "790"
---
# 790.11 Contract, custom or practice in effect “at the time of such activity.”
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.