U.S. Department of Labor
FLSA Hours Worked Advisor
All of the time spent on duty, except bona fide meal periods, is probably hours worked.
If your employee is required to be on duty for fewer than 24 hours, all of the duty time is probably hours worked, even though he or she is permitted to sleep or engage in other personal activities when not busy. The fact that sleeping facilities are furnished does not make a difference when your employee's time is given to the you and you required your employee to be on duty.
For example:
- A college student is employed to work in a nursing home from 6 p.m. to 8 a.m. He or she must help the clients to bed and help them get up in the morning. Between the hours of 9 p.m. and 6 a.m. the employee is allowed to study, watch television, sleep, etc. but must be available to handle emergencies or help the clients when they need to get up during the night. All of the time is hours worked.
- A truck driver begins a trip in Atlanta, GA, at 7 a.m. He or she transports goods to Nashville, TN (approximately five hours travel time). The driver arrives at the destination in Nashville, but due to an equipment malfunction, the customer is unable to accept delivery until three hours later. The truck driver chooses to sleep in the sleeping berth while the equipment is being repaired. After delivering the goods, he or she returns to Atlanta, GA, arriving at approximately 9 a.m. All of the time is hours worked (except bona fide meal periods and the permitted time spent sleeping in the berth).
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For more information, please contact your local Wage and Hour District Office.
