Determine If Sleeping Time Counts as Hours Worked Under the FLSA
When to Use This Workflow
Use the Determine If Sleeping Time Counts as Hours Worked Under the FLSA workflow to determine whether the time that a nonexempt employee spends sleeping counts as "hours worked" under the Fair Labor Standards Act (FLSA).
If time spent sleeping is "hours worked" under the FLSA, an employer must pay nonexempt employees at least the minimum wage for that time, and the hours must be counted toward any applicable overtime threshold.
Failure to pay employees for all hours worked and for overtime can result in FLSA-related penalties, lawsuits or enforcement actions.
- Decide if the employee works at home or resides on the employer's premises
- Decide if the employee is on duty for 24 hours or longer
- Decide if the employee is provided "adequate facilities"