Department of Labor Opinion Says Driver Sleeper Berth Off-Duty Time Need Not Be Compensated

The DOL clarified that the time drivers spend in sleeper berths does not count as compensable time, unless they are actually performing work or are on call. The guidance is expected to be influential in court challenges on driver sleeper-berth pay issues. Andy Scott told Transportation Topics that these cases were just starting to gather strength. “This new opinion is going to nip that trend in the bud. It will probably make it easier [for employers] to win the cases that are currently underway,” he said.

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