FLSA Hours Worked Advisor

When your employee's sleep period is interrupted by a call to duty, the interruption must be counted as hours worked. If the interruptions are so frequent that he or she is not able to get a reasonable night's sleep, the entire sleep period must be counted as hours worked. This determination is made on the basis of what happens during each sleep period.

As an enforcement policy, the Wage and Hour Division considers that a reasonable night's sleep means your employee is able to get at least five hours of sleep during the scheduled sleep period. These five hours need not be continuous uninterrupted hours of sleep. If five hours of sleep is not possible, the Wage and Hour Division asserts that no sleep time can be deducted from the hours your employee is required to be on duty.

Is your employee able to get at least five hours of sleep during the regularly scheduled sleep period?

• Yes
• No