FLSA Hours Worked Advisor

Your employee's bona fide meal periods are probably not hours worked.

More information is needed to determine the status of sleep time. The Fair Labor Standards Act not only requires an agreement between you and your employee regarding deducting sleep time and meal periods from hours worked, but also requires that you furnish your employee with adequate sleeping facilities.

If your employee is a truck driver, team driver or helper, the berth in the truck is regarded as adequate sleeping facilities. However, this rule applies to sleeping berth time only when your employee is on a trip away from home for a period of 24 hours or more.

Do you provide adequate sleeping facilities for your employee?

• Yes
• No