Related: When Labor Rules and Trucker Hours of Service Collide
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."

The Department of Labor has issued new guidance on compensating truck drivers for time spent in sleeper berths while off-duty.
Image: HDT
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."
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…”
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

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 →
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 →
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 →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 →
Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing
Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.
Read More →Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation
Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.
Read More →
Maverick Announces 2026 Driver Pay Raises
New raises for Maverick Transportation drivers will take effect on May 31, 2026.
Read More →
Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion
Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.
Read More →
New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems
Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.
Read More →
WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops
ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.
Read More →
