Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Feds: No Need to Pay Truck Drivers for Off-Duty Time Spent in Sleeper Berth

The U.S. Department of Labor now holds that truck drivers need not be compensated for any time in which "drivers are relieved of all duties and permitted to sleep in a sleeper berth."

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
July 26, 2019
Feds: No Need to Pay Truck Drivers for Off-Duty Time Spent in Sleeper Berth

The Department of Labor has issued new guidance on compensating truck drivers for time spent in sleeper berths while off-duty.

Image: HDT

2 min to read


The Department of Labor has issued new guidance on compensating truck drivers for time spent in sleeper berths while off-duty.

The upshot is DOL now holds that drivers need not be compensated for any time in which “drivers are relieved of all duties and permitted to sleep in a sleeper berth…. [as this is] presumptively non-working time that is not compensable."

Ad Loading...

The guidance came out on July 22 in an opinion letter signed by Cheryl Stanton, Administrator of DOL’s Wage and Hour Division. These letters are used to officially address issues related to the Fair Labor Standards Act by speaking to how a given law applies in specific circumstances presented by the individual r entity that requested the letter.

Under prior guidance, WHD interpreted the relevant regulations to mean that while sleeping time “may be excluded from hours worked where ‘adequate facilities’ were furnished, only up to 8 hours of sleeping time may be excluded in a trip 24 hours or longer, and no sleeping time may be excluded for trips under 24 hours.”

By contrast, WHD has now concluded that that earlier interpretation is “unnecessarily burdensome for employers and instead adopts a straightforward reading of the plain language of the applicable regulation…”

Ad Loading...

But there is a “however” attached to the new opinion: “There may be circumstances, however, where a driver who retires to a sleeping berth is unable to use the time effectively for his or her own purposes,” stated WHD.

“For example, a driver who is required to remain on call or do paperwork in the sleeping berth may be unable to effectively sleep or engage in personal activities; in such cases, the time is compensable hours worked,” the agency added.

The American Trucking Associations applauded the new guidance. “This opinion, which is consistent with decades-old DOL regulations, the weight of judicial authority, and the long understanding of the trucking industry, clears up confusion created by two recent court decisions that called the compensability of sleeper berth time into question,” said ATA President and CEO Chris Spear in a statement.”

Presumably, the court cases Spear referenced were two involving well-known truckload carriers. Earlier this year, a federal court in Arkansas recently a decision from last fall allowing a class action suit to move forward against Tontitown, Arkansas-based Pam Transport for alleged violations of the FLSA. Separately, Omaha-based Werner Enterprises was sued by drivers in its student-driver program who alleged they had not earned the minimum wage while in the program.

Spear noted that ATA commends the Department of Labor “for adopting a straightforward, plain-language reading of the law, rather than the burdensome alternative interpretation embraced by those outlier decisions.”

More Drivers

Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Ad Loading...
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Ad Loading...
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Ad Loading...
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →