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DOL/WHD RIN: 1235-AA56 Publication ID: 2026 
Title: ●Amending 29 CFR Part 785 - Hours Worked Under the Fair Labor Standards Act (FLSA) 
Abstract:

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees no less than the federal minimum wage for all hours worked and an overtime premium for hours worked in excess of 40 hours in a workweek. However, an employer’s compliance with these wage and hour requirements cannot be determined without knowing how many hours each employee has worked. The Department’s regulations at 29 CFR part 785 provide interpretive guidance and policy statements addressing whether certain kinds of activities constitute hours worked for purposes of the FLSA. However, the part 785 regulations have not been meaningfully revised in many decades. Relatedly, Section 4 of the Portal-to-Portal Act of 1947 excludes certain activities which occur before or after an employee’s workday from their recorded hours worked under the FLSA. The Department’s regulations at 29 CFR part 790 outline and explain the Portal-to-Portal Act but the part 790 regulations have also not been meaningfully revised in many decades. Given the significant changes in workplace practices which have occurred in recent decades, the Department is considering a review of its regulations in 29 CFR parts 785 and 790.

 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 29 CFR 785    29 CFR 790   
Legal Authority: 52 Stat. 1060 et seq.    29 U.S.C. 201–219    29 U.S.C. 254. Pub. L. 104-188    110 Stat. 1755   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Daniel Navarrete
Director
Department of Labor
200 Constitution Ave., NW, Suite S-3016,
Washington, DC 20210
Phone:202 693-1134
Email: navarrete.daniel@dol.gov