U.S. Department of Labor
FLSA Hours Worked Advisor
The employer can deduct a maximum of eight hours of sleeping time provided:
- 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 Field Assistance Bulletin 2016-1.
Even though the employee may sleep more than 8 hours, a maximum of eight hours can be deducted from the 24 hours he or she is required to be on duty.
If you and your employee do not have such an agreement, the eight hours of sleeping time and meal periods are hours worked.
For more information, please contact your local Wage and Hour District Office.
