(a) Where a public employer elects to pay overtime compensation to employees in fire protection activities and/or law enforcement personnel in accordance with section 7(a)(1) of the Act, the public agency may exclude sleep time from hours worked if all the conditions in § 785.22 of this title are met.
(b) Where the employer has elected to use the section 7(k) exemption, sleep time cannot be excluded from the compensable hours of work where
(1) The employee is on a tour of duty of less than 24 hours, which is the general rule applicable to all employees under § 785.21, and
(2) Where the employee is on a tour of duty of exactly 24 hours, which is a departure from the general rules in part 785.
(c) Sleep time can be excluded from compensable hours of work, however, in the case of police officers or employees in fire protection activities who are on a tour of duty of more than 24 hours, but only if there is an expressed or implied agreement between the employer and the employees to exclude such time. In the absence of such an agreement, the sleep time is compensable. In no event shall the time excluded as sleep time exceed 8 hours in a 24-hour period. If the sleep time is interrupted by a call to duty, the interruption must be counted as hours worked. If the sleep period is interrupted to such an extent that the employee cannot get a reasonable night's sleep (which, for enforcement purposes means at least 5 hours), the entire time must be counted as hours of work.
[52 FR 2032, Jan. 16, 1987, as amended at 76 FR 18857, Apr. 5, 2011]
Notes of Decisions
Timothy Alldread v. City of Grenada, 988 F.2d 1425 (5th Cir. 1993).
· cites it 5× “§ 207 (a) and (k) and 29 C.F.R. § 553.222 . They additionally demanded overtime compensation for all fire personnel holding the rank of fire captain, contending that the City had wrongly classified fire captains as salaried employees under 29 C.”
Harrison v. City of Clarksville, Tenn., 732 F. Supp. 810 (M.D. Tenn. 1990).
· cites it 3× “§ 207 (k) and 29 C.F.R. §§ 553.222 & 553.223. To make this determination, the Court must consider the conduct of the parties and all of the surrounding circumstances.”
Lamon v. City of Shawnee, 972 F.2d 1145 (10th Cir. 1992).
· cites it 3× “The court found that the city had failed to compensate for the additional time, a consideration weighing in favor of finding the change not to be bona fide. Nonetheless, the court did not pass on the validity of the schedule change, because there existed genuine issues of…”
Baker v. Stone Cnty., Mo., 41 F. Supp. 2d 965 (W.D. Mo. 1999).
“In similar cases, involving agreements as to the compensability of “sleep time” under 29 C.F.R. § 553.222 , the courts have overwhelming held that “continuance of employment can be evidence of an implied agreement to the terms of that employment.”
Roy v. Cnty. of Lexington, 928 F. Supp. 1406 (D.S.C. 1996).
“Thus, these cases are persuasive regarding the requirements of an express or implied agreement to exempt sleep time from compensation in § 785.”
Rotondo v. City of Georgetown, SC, 869 F. Supp. 369 (D.S.C. 1994).
“29 C.F.R. § 553.222 (c). Second, the employer can exclude meal time for firefighters on a tour of duty greater than twenty-four hours only if the meal time meets two conditions: (1) there is an express or implied agreement between the employee and employer to exclude the meal…”
Harrison v. City of Clarksville, Tenn., 732 F. Supp. 804 (M.D. Tenn. 1989).
· cites it 2× “” 29 C.F.R. § 553.222 (c) (1988). 2 Up to eight hours of sleep time may be excluded from compensable time, but the employees must be compensated for any time the period is interrupted for a call to duty and for the entire period if the employees cannot get at least five hours…”
— 29 C.F.R. § 553.222(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.