[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR785.22]



[Page 646]

 

                             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).)



[[Page 647]]