FLSA Hours Worked Advisor

Your bona fide meal periods are probably not hours worked.

In order for meal periods to not be considered hours worked, please see the meal periods section of this Advisor. However, more information is needed to determine the status of sleep time.

The Fair Labor Standards Act not only requires an agreement between you and your employer regarding deducting sleep time from hours worked, but also requires that your employer furnish adequate sleeping facilities for you.

An employee who drives a truck, bus, automobile, boat or airplane, or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when he or she is permitted to sleep. The berths in drivers’ trucks are considered adequate sleeping facilities.

Does your employer provide adequate sleeping facilities?

• Yes
• No