U.S. Department of Labor
FLSA Hours Worked Advisor
Your sleep time is probably not hours worked.
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 of eight 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.
Provided you meet the above criteria, if you are able to get five or more hours of sleep, the sleep time is not considered hours worked. However, your employer can only deduct the actual number of hours spent sleeping, up to a maximum of eight hours. For example, if you receive six hours of sleep, your employer can only deduct six hours for sleeping from the work period. This determination is made on the basis of what happens during each sleep period.
Even though you may sleep more than eight hours, a maximum of eight hours can be deducted from the 24 hours you’re required to be on duty. All interruptions of your sleep must be counted as hours worked.
If you and your employer do not have such an agreement, all of the time (24 hours) is hours worked.
For more information, please contact your local Wage and Hour District Office.
