FLSA Hours Worked Advisor

In order for the sleep time and meal periods to not be considered hours worked, the following criteria must be met:

• You’re on duty for 24 hours or more;
• You and your employer have an express or implied agreement to exclude sleep time (up to eight-hour deduction);
• You’re provided with adequate sleeping facilities by your employer; and
• You can usually get an uninterrupted night's sleep (at least five consecutive hours). Note: An employee can “usually” get an uninterrupted night’s sleep if interruptions to sleep occur less than half the time, over a period of time. See Field Assistance Bulletin 2016-1.

Where there is no expressed or implied agreement to the contrary, sleeping time and meal periods are hours worked when you are on duty for 24 hours or more.

For more information contact your local Wage and Hour District Office.

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