U.S. Department of Labor
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 Fied Assistance Bulletin 2016-1.
Do you meet the criteria?
If yes, your employer is allowed to deduct up to eight hours of sleep time in each 24-hour period that you work IF:
- You’re able to get a cumulative total of at least five hours of reasonable periods of sleep in each period.
However, you must be paid for any work time that occurs during that sleep period.
If no, your employer isn’t allowed to deduct any sleep time, and you must be paid for all hours that you work, excluding any bona fide meal periods.
For more information, please contact your local Wage and Hour District Office.
