[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR785.22]

[Page 694]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 785_HOURS WORKED--Table of Contents
 
                   Subpart C_Application of Principles
 
Sec. 785.22  Duty of 24 hours or more.

    (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).)