PRIA, Government Policy, Made Personal

Summary

Employers must count eight hours as a workday for pay when the worker is an employee of a common-carrier railroad covered by federal law and actually helps operate trains that carry passengers or freight across state lines, inside U.S. territories, from the United States to a neighboring foreign country, or through a foreign country back to the United States. The rule does not apply to an independently owned and run railroad that is 100 miles or shorter, to electric street railroads, or to electric interurban railroads. It does apply to a short independent railroad if its main business is leasing or providing terminal or transfer facilities to other railroads, or if it moves freight between railroads or between railroads and industrial plants.

Title 49, §28301

Transportation, Source: USLM XML via OLRC

(a)Eight Hour Day.—

In contracts for labor and service, 8 hours shall be a day’s work and the standard day’s work for determining the compensation for services of an employee employed by a common carrier by railroad subject to subtitle IV of this title and actually engaged in any capacity in operating trains used for transporting passengers or property on railroads from—

(1)a State of the United States or the District of Columbia to any other State or the District of Columbia;

(2)one place in a territory or possession of the United States to another place in the same territory or possession;

(3)a place in the United States to an adjacent foreign country; or

(4)a place in the United States through a foreign country to any other place in the United States.

(b)Application.—

Subsection (a) of this section— (1)

(2)does apply to an independently owned and operated railroad less than one hundred miles in length—

(A)whose principal business is leasing or providing terminal or transfer facilities to other railroads; or

(B)engaged in transfers of freight between railroads or between railroads and industrial plants.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2830145:65.Sept. 3, 5, 1916, ch. 436, § 1, 39 Stat. 721. (uncodified).Sept. 3, 5, 1916, ch. 436, §§ 2, 3, 39 Stat. 721. In subsection (a), the word “determining” is substituted for “reckoning” for clarity. The words “who are not or may hereafter be employed” are omitted as surplus. In clause (1), the words “or territory” are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words “or possession of the United States” are added for consistency in the revised title and with other titles of the United States Code. The text of section 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.

§28301 General

Summary

Title 49, §28301

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata