U.S. Department of Labor
FLSA Hours Worked Advisor
In order for the sleep time to not be considered hours worked, the following criteria must be met:
- Your employee is on duty for 24 hours or more;
- You and your employee have an express or implied agreement to exclude sleep time (up to eight-hour deduction);
- You provide your employee with adequate sleeping facilities; and
- Your employee 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.
Where there is no expressed or implied agreement to the contrary, sleeping time and meal periods are hours worked when the employee is on duty for 24 hours or more. In order for meal periods to not be considered hours worked, please see the meal periods section of this Advisor.
You may wish to review the regulations for further details.
For more information, please contact your local Wage and Hour District Office.
