FLSA Hours Worked Advisor

In order for the sleep time and meal periods 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 Field Assistance Bulletin 2016-1.

(This determination is made on the basis of what happens during each sleep period).

For more information, please contact your local Wage and Hour District Office.

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