For example, if the truck driver is required to wait at a job site for goods to be loaded into the. The department of labors wage and hour division whd issued an opinion letter on july 22, 2019, addressing the compensability of time a truck driver spends in a trucks sleeper berth while otherwise relieved from all work duties. If you drive a truck that has a sleeper berth that meets the requirements of the safety regulations, you may use it. Such time excluded from compensation is not to exceed 8 hours, regardless of whether the truck driver actually spends more than 8 hours in their sleeper berth. Since its basicaly a day cab, my question is how do i log sleep time. Highlights motor vehicle injuries are a leading cause of worker death. That means you have 7 hours of driving time still available, allowing you to. For an owner operator, when cost control and management is the key to survival, big truck sleepers are making a resurgence. Truck drivers would be considered to be engaged to wait and due to be paid if their time in the sleeper berth belonged to and was controlled by the employer. Jan 11, 2017 the court stated that the employees minimum wage claim regarding the employers failure to pay trainees for time spent in the sleeper berth of a moving truck failed because the sleeper berth was an adequate sleeping facility for the purposes of 29 c. Rest breaks may drive only if 8 hours or less have passed since end of driver s last offduty or sleeper berth period of at least 30 minutes. Arkansas sleeper berth case an outlier, attorneys say. No need to pay drivers for sleeper berth time material. In this article, id like to go in detail and explain the current sleeper berth rules with reallife examples for your 14hour limit.
A federal judge has said that truck drivers should be paid at least minimum wage for time spent offduty and in their sleeper berths. Usdol clarifies truck driver sleeper time pay requirements. With the regulation in february 2012 that allows a driver to log time spent resting in or on a parked vehicle. On duty the driver is doing work other than driving, such as fueling, inspection, unloading freight, etc. Thus, an employer must compensate at least 16 hours during a 24hour shift, even if some of this time is spent sleeping or eating. Notice this gives the driver an extra hour in the sleeper berth. If you drive a truck that has a sleeper berth that meets the requirements of the safety. Off duty time spent outside of the sleeper should be logged on. If there is no sleeper cab then that driver goes home after delivering their loads. A group of trucking interests led by the american trucking associations ata is supporting walmart inc. The truck drivers asserted that they were required to spend a significant amount of time more than 8 hours per day in the trucks sleeper berth while on a tour of duty. They further asserted that they were not paid minimum wage as required by the flsa for all hours worked including hours beyond 8 per day spent in the sleeper berth and. On july 22, 2019, the department of labor dol issued an opinion letterflsa201910to address whether the time a truck driver spends in a sleeper berth is compensable under the fair labor standards act flsa. Peterbilt has introduced its new model 579 ultraloft, an integrated highloft sleeper truck designed to give driver teams and solo truck drivers extra space and amenities, with a fuel efficiency.
As a result one driver can drive for eight hours, sleep for eight hours, drive for three more, followed by a three hour period in the sleeper berth. The driver seat or sleeper berth position in the semi truck was not a significant factor in predicting injury in a moving semi truck collision. If the sleeper berth was installed on or after january 1, 1963, the exit must be a doorway or opening at least 18 inches high and 36 inches wide. As a truck driver is it hard to sleep in the sleeper berth. For example, if the driver happens to be in the berth while required to wait at a job site for goods to be loaded into their truck, they would need to be compensated for that time. Truck drivers sleeper berth time is presumptively not compensable under the flsa, dol concludes by katharine c. The enforcement of the hours of service rules hos are. However, as a general matter, a driver or assistant who retires to a sleeper berth has typically ceased his or her duties. This time, taken in the sleeper, effectively stops the 14hour clock. Truck drivers sleeper berth time is presumptively not. New dol guidance for truck drivers sleeper berth time. Peterbilt unveils model 579 ultraloft integrated sleeper truck.
The other break must be at least two hours long this is so that the driver gets the required 10 total hours of rest, but this break can be spent off duty, in the sleeper berth, or any combination of the two. Accordingly, sleeping berth time is compensable, if ever, only where a plaintiff can demonstrate that he or she was on duty while in the sleeper berth. When does a trucking company have to pay for sleeper time. A drivers hos log consists of time spent in 4 basic statuses. Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. In another case, if the driver is unable to use the time in the sleeper berth effectively for their own purposes, they would still need to be paid for that time.
In addition, split sleeper berth time continues to be a manual process for drivers. Federal judge says truckers should be paid for sleeper berth. Does not apply to drivers using either of the shorthaul exceptions in 395. Sleeper berth the driver is resting in the trucks sleeper area. If sleeping in a sleeper berth equipped truck, the time should be logged on line 2, sleeper berth. I ran buddies with rodger for just under two years. The split sleeper berth provision allows a driver to use the sleeper berth. Big truck sleepers come back to the trucking industry. For the carriers business model, the drivers are engaged to wait during nonsleeping time in the sleeper berth and other offduty time and must be compensated to wait. Oct 15, 2015 being an over the road cdl class a driver isolated inside a semitruck sleeper berth when not driving 11 hours or loadingunloading 5 hours. Dol opinion clarifies sleeper berths guidance for truck. It generally contains a bed or bunk beds, cabinets, lights, temperature control knobs, and 12 volt plugs for power. How to properly fulfill an 82 or 28 sleeperberth split.
Pictured in the peterbilt 579 ultraloft sleeper berth. Notice that this truck is lacking the sleeper cab behind the driver seat. Expect termination if injury happens when you refuse to drive under the influence of prescription drugs. Drivers not to be paid for sleeper berth time go by truck. Interstate truck drivers guide to hours of service isri. This allows drivers to adjust schedules for things like longer hauls or warehouse hours by droppingin a rest break that pushes out a 14hour driving period. The court stated that the employees minimum wage claim regarding the employers failure to pay trainees for time spent in the sleeper berth of a moving truck failed because the sleeper berth was an adequate sleeping facility for the purposes of 29 c. If circumstances allow a driver to use a valid sleeper berth without being disturbed for a specific period of waiting time, that time in the sleeper berth may be recorded as sleeper berth time. So, the next time you see a truck and wonder where they sleep just look to see if there is a sleeper cab. Nov 08, 2018 a decision last month by a federal judge in arkansas that truck drivers are entitled to compensation for time in the sleeper berth was preceded by two federal cases that resulted in legal rulings. For local drivers there is no need for a sleeper cab because they go home every day. As this truck has no sleeper and ill be sleeping stretched out in the seat, how do i log this.
A driver who is required to access a communications system for the purpose of reading messages from the carrier, responding to certain messages either verbally or by typing a message, or otherwise acknowledging them, is performing work. Department of labor dol concluded that if a truck driver, or drivers assistant or helper, is completely relieved of duty and is provided with adequate sleeping facilities including the trucks sleeping berth, the individual is not working while riding and. The eighthour berth period doesnt count toward the 14, so ive got. The rule expands split sleeper berth options afforded to drivers to allow them to split their 10hour offduty period and changes provisions of the 30minute break requirement. The denial, announced may 15, comes on the heels of a final agency hoursofservice final rule the previous day that modified the split sleeper berth exception to allow drivers to divide their. A decision last month by a federal judge in arkansas that truck drivers are entitled to compensation for time in the sleeper berth was preceded by two federal cases that resulted in.
The department of labor says the time a truck driver spends in the sleeper berth is not compensable time. Big truck sleepers can solve some problems, but can also create some new ones. The odds of injury in a moving semi truck collision significantly increased for those semi truck drivers and sleeper berth passengers who did not use an occupant safety restraint. 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. Like the 2003 rules, this break must be spent entirely in the sleeper berth and it will still be excluded from the 14hour limit. The portion of the tractor behind the seats which acts as the living space for the driver. A driver who operates a propertycarrying commercial motor vehicle equipped with a sleeper berth, as defined in 395. No need to pay truck drivers for offduty time spent in. Jul 22, 2019 the department of labor says the time a truck driver spends in the sleeper berth is not compensable time. Jul 24, 2019 truck drivers sleeper berth time is presumptively not compensable under the flsa, dol concludes by katharine c. Jul 24, 2019 in a welcome reversal of its prior guidance, on july 22, 2019, the u. In a welcome reversal of its prior guidance, on july 22, 2019, the u. The unnamed trucking company provided an example of a drivers sleeper berth time for a.
Being an over the road cdl class a driver isolated inside a semitruck sleeper berth when not driving 11 hours or loadingunloading 5 hours. The split sleeper berth rule allows a driver to extend an onduty shift by splitting the required 10 consecutive hours of offduty time into two shifts. A small motor carrier employing a truck driver who spent 55. Motor vehicle injuries among semi truck drivers and sleeper. Fmcsa announces hours of service reforms for truck drivers. As ive read in several posts that you dont have to be asleep to log being in the sleeper berth, u just have to be in the sleeper berth. Home department of labor truck drivers sleeper berth time is presumptively not compensable under the flsa, dol concludes. The driver cannot be required to do any work for the motor carrier during sleeper berth time. Employers dont have to pay longhaul truck drivers for time they spend in a trucks sleeping berth, so long as the drivers are relieved of all duties, according to the latest opinion letter from. If the driver has 34 consecutive hours off, his 70 hour total is reduced to 0 and he begins the cycle again.
Court ruling could require driver pay for hours spent sleeping. Dol adopts new standard to determine compensable time for. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the waiting time should be. The department of labor has issued new guidance on compensating truck drivers for time spent in sleeper berths while offduty. I swear that guy couldve gone to sleep in 30 seconds laying on the hood, on washboard, in. According to fmcsa hours of service, a driver who is in the sleeper berth and logs off duty can found in noncompliance for either an inaccurate log or a form and manner violation. Fmcsa denies pts worldwide request to split sleeper berth time. Sleeper berth rule what you need to know truck driving jobs. Drivers not to be paid for sleeper berth time go by truck global. The driver records the amount of time spent driving, onduty not driving, in the sleeper berth, or off duty. Sleeper berth means the driver is resting not necessarily sleeping in the sleeper berth compartment of the unit. Jul 03, 2018 at this point, the driver takes an 8hour break in the sleeper berth. Part 395 regulations section federal motor carrier safety. The 82 split sleeper and the future of hours flexibility.
If you drive a truck that has a sleeper berth that meets the requirements of the safety regulations, you may use it to get the. For many years, a primary issue for longhaul trucking companies has been to what extent the time spent in the sleeper berth by a driver. Dont fall asleep on dols new guidance for time truck drivers spend in sleeper berth. Employers dont have to pay longhaul truck drivers for time they spend in a truck s sleeping berth, so long as the drivers are relieved of all duties, according to the latest opinion letter from. At this point, the driver takes an 8hour break in the sleeper berth. Accordingly, the drivers time in the berth was not compensable. May drive only if 8 hours or less have passed since end of drivers last offduty or sleeper berth period of at least 30 minutes. Based on the facts you provided a representative example of a truck driver who spent 55. Driving the driver is actually driving the vehicle. For many years, a primary issue for longhaul trucking companies has been to what extent the time spent in the sleeper berth by a driver, assistant, or helper is compensable under the fair labor. It generally contains a bed or bunk beds, cabinets, lights, temperature control knobs, and. The second driver, by nature of the job, cannot leave the truck while it is in motion and must remain with or near the truck on longhaul trips across the country. What are the dot hours of service rules and regulations for. Finding the right balance of driving hours, time apart.
Jul 30, 2019 the department of labors wage and hour division whd issued an opinion letter on july 22, 2019, addressing the compensability of time a truck driver spends in a trucks sleeper berth while otherwise relieved from all work duties. Jul 23, 2019 a small motor carrier employing a truck driver who spent 55. Sep 30, 2019 the second driver, by nature of the job, cannot leave the truck while it is in motion and must remain with or near the truck on longhaul trips across the country. Breaks must be taken in the sleeper berth or off duty. Ata joins walmart in california sleeper berth rehearing.