The appropriate test in this context for work under the statute is whether there are either substantial duties or a substantial amount of time and effort controlled or required by the employer and primarily for the benefit of the company, rather than whether there is complete relief from duty.
Legal conclusions given in deposition testimony on employment conditions are presumptively not binding on the deponent entity.
While standby duties can rise to the level of actual work, here, since duty posts were covered, breaks could be taken away from public access, and there was a system for compensating employees if both break times during the day were interrupted, the standby duties didn't justify a clam for overtime.
Restriction that the employees had to remain in uniform and on the premises did not cause their breaks to primarily benefit the employer.flsa