(a) General. Where an employee is required to be on duty for 24 hours or more, the employer and the employee 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, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. If sleeping period is of more than 8 hours, only 8 hours will be credited. Where no expressed or implied agreement to the contrary is present, the 8 hours of sleeping time and lunch periods constitute hours worked. (Armour v. Wantock, 323 U.S. 126 (1944); Skidmore v. Swift, 323 U.S. 134 (1944); General Electric Co. v. Porter, 208 F. 2d 805 (C.A. 9, 1953), cert. denied, 347 U.S. 951, 975 (1954); Bowers v. Remington Rand, 64 F. Supp. 620 (S.D. Ill, 1946), aff'd 159 F. 2d 114 (C.A. 7, 1946) cert. denied 330 U.S. 843 (1947); Bell v. Porter, 159 F. 2d 117 (C.A. 7, 1946) cert. denied 330 U.S. 813 (1947); Bridgeman v. Ford, Bacon & Davis, 161 F. 2d 962 (C.A. 8, 1947); Rokey v. Day & Zimmerman, 157 F. 2d 736 (C.A. 8, 1946); McLaughlin v. Todd & Brown, Inc., 7 W.H. Cases 1014; 15 Labor Cases para. 64,606 (N.D. Ind. 1948); Campbell v. Jones & Laughlin, 70 F. Supp. 996 (W.D. Pa. 1947).)
(b) Interruptions of sleep. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable night's sleep, the entire period must be counted. For enforcement purposes, the Divisons have adopted the rule that if the employee cannot get at least 5 hours' sleep during the scheduled period the entire time is working time. (See Eustice v. Federal Cartridge Corp., 66 F. Supp. 55 (D. Minn. 1946).)
Notes of Decisions
Monzon v. Schaefer Ambulance Serv., Inc., 29 Wage & Hour Cas. (BNA) 1635 (Cal. Ct. App. 1990).
· cites it 12× “See 29 CFR § 785.22 , ... Thus, it was not necessary to cover this subject under section 3[G].”
Shillingford v. Astra Home Care, Inc., 293 F. Supp. 3d 401 (S.D. Ill. 2018).
· cites it 3× “Under 29 C.F.R. § 785.22 , employers may deduct "bona fide meal periods and a bona fide regularly scheduled sleeping period" from the count of compensable hours for employees who work 24-hour shifts if (i) that employee has a scheduled sleep break of no more than eight hours,…”
Trocheck v. Pellin Emergency Med. Serv., Inc., 61 F. Supp. 2d 685 (N.D. Ohio 1999).
· cites it 10× “With respect to payment of employees who work 24-hour shifts, Pellín is required to comply with FLSA regulation 29 C.F.R. § 785.22 . This regulation states: (a) General.”
Strain v. West Travel, Inc., 117 Wash. App. 251 (Wash. Ct. App. 2003).
· cites it 2× “§ 201 , providing that work done while traveling must be compensated, and argues these regulations militate against a finding that all employees required to sleep at their place of employment are exempt from the Washington MWA.”
Strain v. West Travel, Inc., 70 P.3d 158 (Wash. Ct. App. 2003).
· cites it 2× “2d 1 (citing 29 C.F.R. § 785.22 (1986)). Strain points to this and one other federal regulation under the Fair Labor Standards Act, 29 U.”
Retrone v. Werner Enter., Inc., 121 F. Supp. 3d 860 (D. Neb. 2015).
· cites it 4× “29 C.F.R. § 785.22 . Discussion The plaintiffs move for summary judgment on three issues: (1) whether time spent in the sleeper berth beyond eight hours per day is compensable, (2) whether, short rest breaks are compensable as a matter of law, and (3) whether the-defendants’…”
Keun-Jae Moon v. Joon Gab Kwon, 248 F. Supp. 2d 201 (S.D.N.Y. 2002).
“29 C.F.R. § 785.22 (b). By its terms, however, this regulation applies only to employees who are “on duty for 24 hours or more.”
Roy v. Cnty. of Lexington, 928 F. Supp. 1406 (D.S.C. 1996).
· cites it 3× “29 C.F.R. § 785.22 (citations omitted). 21 Pursuant to this regulation, the first question involves whether the employee usually receives an uninterrupted night’s sleep.”
Giguere v. Port Resources Inc., 927 F.3d 43 (1st Cir. 2019).
“Under wage and hour guidelines, 29 C.F.R. sections 785.22 1 and 785.23, where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude from hours worked a bona fide meal period and a bona fide regularly scheduled sleeping…”
— 29 C.F.R. § 785.22(a) — 2 cases
— 29 C.F.R. § 785.22(b) — 2 cases
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