The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Stand-By Time

Reference Number: MTAS-2086
Tennessee Code Annotated
Reviewed Date: July 26, 2017
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“Workers, who must ‘stand by’ their posts ready for duty, whether during lunch periods, during machinery breakdowns or during other temporary work shutdowns, must be paid for this time.” 29 C.F.R. § 785.15. Since the employee’s time is controlled by the employer, and the employee is not able to use the time for his/her own purpose, the time is working time.

This rule applies also to employees who work away from the employer’s place of business. “For instance, a repairman is working while he/she waits for the employer’s customer to make the premises ready. The time is working time, even though the employee is allowed to leave the premises or the job site during such periods of inactivity.” 29 C.F.R. § 785.15.

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