U.S. Department of Labor
FLSA Hours Worked Advisor
Your employer can deduct a maximum of eight hours of sleeping time provided:
- 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 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.
Even though you may sleep more than eight hours, no more than eight hours can be deducted from the 24 hours you’re required to be on duty.
If you and your employer don’t have such an agreement, the eight hours of sleeping time is hours worked.
For more information, please contact your local Wage and Hour District Office.
