Time spent sleeping is considered hours worked in some circumstances

Length of Shift and Sleep Time

All of the time spent on duty, except bona fide meal periods, is probably hours worked.
If you are required to be on duty for fewer than 24 hours, all of the duty time is probably hours worked, even though you are permitted to sleep or engage in other personal activities when not busy. The fact that sleeping facilities are furnished does not make a difference when your time is given to the employer and you are required to be on duty.

For example:

• A college student is employed to work in a nursing home from 6 p.m. to 8 a.m. He or she must help the clients to bed and help them get up in the morning. Between the hours of 9 p.m. and 6 a.m. the employee is allowed to study, watch television, sleep, etc. but must be available to handle emergencies or help the clients when they need to get up during the night. All of the time is hours worked.

• A truck driver begins a trip in Atlanta, GA at 7 p.m. He or she transports goods to Nashville, TN (approximately 5 hours travel time). The driver arrives at the destination in Nashville, but due to an equipment malfunction, the customer is unable to accept delivery until three hours later. The truck driver chooses to sleep in the sleeping berth while the equipment is being repaired. After delivering the goods, he or she returns to Atlanta, GA, arriving at approximately 9 a.m. All of the time is hours worked (except bona fide meal periods) even though some of that time is spent in the sleeping berth.

When you are required to be on duty for 24 hours or more, you and the employer may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked.

Special Sleep Rules for Firefighters and Fire Protection Employees

There are additional special sleep time rules that apply to public sector employees who are employed in fire protection and law enforcement activities.

Section 7(k) of the FLSA provides a partial overtime exception for fire protection and law enforcement employees who are employed by public agencies on a work period basis. If your employment is subject to section 7(k) of the FLSA, your employer may not deduct sleep time from your hours of work for a tour of duty that is exactly 24 hours. This is a departure from the rule for other employees who work a 24-hour shift.

Questions? Contact an overtime lawyer at Werman Law Office, P.C.