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. This can vary even on an individual level, but some expenses are generally accepted. The department of labors dol wage and hour division issued new guidance on july 22, 2019 addressing whether employers have to pay truck drivers for time spent sleeping in a trucks sleeper berth. 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. Usdol clarifies truck driver sleeper time pay requirements. Jul 25, 2019 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. 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.
Sleeper berth rule what you need to know truck driving jobs. Judge rules drivers should be paid minimum wage for all hours worked including sleeper berth time. Although judge brooks did not stipulate or imply a new rule with regards to sleeper berth hours, he found that compensating drivers was consistent with existing federal regulations. That denial means that the court has decided that the time a driver spends waiting in his truck in the sleeper birth still constitutes work even though the driver may log that time as offduty. Jul 23, 2019 a small motor carrier employing a truck driver who spent 55. 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. The sleeper berth may be used for such periods of inactivity. Oct 17, 2016 the fmcsa has introduced several hours of service rules and regulations hos rules to ensure safety and minimize driving accidents. The enforcement of the hours of service rules hos are.
Walmart fights lawsuit verdict awarding drivers 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. No need to pay truck drivers for offduty time spent in sleeper berth, if fleets want to retain drivers, earn their trust, hub group improves pay for regional truck drivers. The time spent in the sleeper berth waiting for the truck to be loaded and unloaded can push the work day to 16 hours. Find other views, including those contrary, in this roundup of voices with poll results about sleeper time and pay for employee drivers. No need to pay truck drivers for offduty time spent in. A driver who operates a propertycarrying commercial motor vehicle equipped with a sleeper berth, as defined in 395. Read more bucking court rulings, dol argues drivers aren.
No need to pay drivers for sleeper berth time material. The federal motor carrier safety administration and the department of transportation has restricted the split sleeper berth rule so that you can only divide it. Dol opinion a favorable turn in debate on paying drivers for sleeper berth time. Many truck drivers arent paid for all of the hours they spend on the road. Per diem is beneficial for many owneroperator truck drivers. A team driver is limited to counting only 2 hours in the passenger seat as off duty. This is because hos regulations only allow up to 14 hours on duty without a full 8 hours in the sleeper berth. Trucking companies may not need to pay their truck drivers for certain offduty time, potentially including time spent sleeping in their sleeper berth units, after the us department of labor usdol issued an opinion letter 7222019 confirming that such time is generally not compensable. On december 27, 2011, fmcsa introduced a new provision the 30 minute break rule that requires cmv drivers to take a mandatory 30minute break after 8 hours of being on duty.
Finally, the truck drivers sought overtime at time and one half the minimum wage for hours worked beyond 40 hours per workweek, as required by new jersey law. Big truck sleepers come back to the trucking industry. 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. One driver, two trucks peloton aims for level 4 platooning platform. 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. The dol likened drivers sleeper berth time to the situation of a. However, as a general matter, a driver or assistant who retires to a sleeper berth has typically ceased his or her duties. Court ruling could require driver pay for hours spent sleeping.
Walmart fights lawsuit verdict awarding drivers sleeper berth pay. 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. 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 unnamed trucking company provided an example of a drivers sleeper berth time for a. Periods of time of less than 2 hours spent in a sleeper berth may not be used to accumulate the 8 hours of offduty time required by 395. If you make use of a sleeper berth while youre away on work, then items like your bedding, alarm clock, cab curtains, first aid supplies and mini refrigerator are all expenses that are deductible. If the dot prohibits commercial truck drivers from driving more. Dol opinion clarifies sleeper berths guidance for truck. For instance, a driver on duty for 10 hours cannot complete a 16hour return trip without a rest stop. Does not apply to drivers using either of the shorthaul exceptions in 395.
In light of the opinion letter, defendants moved to dismiss the class certification and for summary judgment. Judge rules drivers should be paid minimum wage for all hours. Carriers get positive ruling on sleeper berth wage compensation. 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. Bucking court rulings, dol argues drivers arent owed sleeper berth. 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. Under the flsa, employers are required to pay their employees at least minimum wage for every hour the. According to federal rules, the initial lawsuit said, the maximum amount of time an employer may dock an employee who is on duty for more than 24 hours for time spent in a sleeper berth is 8 hours per day. For an owner operator, when cost control and management is the key to survival, big truck sleepers are making a resurgence. Check out the latest news on truck driver pay rates, top stories on truck driver compensation and how these rates are impacted. Pam contended that excluding all time a trucker driver spends in their sleeper berth is permissible, even if the excluded time exceeds an 8hour period during a 24hour shift. May 17, 20 it would be a combination of consecutive sleeperberth and offduty time amounting to at least 10 hours. Pursuant to flsa regulations, an employees sleeping time is compensable if the employer allows the employee. No need to pay truck drivers for offduty time spent.
Uncertain trucking industry faces new labor laws, court. For example, if the truck driver is required to wait at a job site for goods to be loaded into the. In a welcome reversal of its prior guidance, on july 22, 2019, the u. The question appears to be succinctly answered in the employers favor in the department of labor regulation, 29 c. A group of trucking interests led by the american trucking associations ata is supporting walmart inc. Federal judge says truckers should be paid for sleeper berth. Plaintiffs asserted that department of labor dol regulations prohibit pam from excluding more than eight 8 hours of pay, during a 24hour shift, for time the truck driver spends in their sleeper berth. This ensures that drivers spend the other 8 hours of the required 10 offduty hours in the sleeper berth. Jul 24, 2019 the deptartment of labor just came out with a legal opinion that when truck drivers are relieved of duties, off duty, they do not have to be paid. It would be a combination of consecutive sleeperberth and offduty time amounting to at least 10 hours.
For example, if the truck driver is required to wait at a job site for goods to be loaded into the truck, the truck driver would need to be paid for that time. Jul 24, 2019 in a welcome reversal of its prior guidance, on july 22, 2019, the u. 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. The deptartment of labor just came out with a legal opinion that when truck drivers are relieved of duties, off duty, they do not have to be paid. Drivers who are away from home for one night or more will drive a sleeper cab with a bunk space or sleeper berth behind the seats. Ata joins walmart in california sleeper berth rehearing. Oct 23, 2018 the time spent in the sleeper berth waiting for the truck to be loaded and unloaded can push the work day to 16 hours. Truck maintenance if you pay outofpocket for truck maintenance. Day cabs no bunk in the back and sleeper cabs single bunk or double bunk in the back. The hours truck drivers spend offduty in their trucks sleeper berths do not qualify as compensable, a u.
The department of labor has issued new guidance on compensating truck drivers for time spent in sleeper berths while offduty. The driver was not owed minimum wage pay for the offduty sleeperberth time, as the. Any expenses that are related to your work are tax deductible such as. The enforcement of the hours of service rules hos are based upon the entries put in a driver s logbook. Dol says truck driver teams can be paid only for when they are working. A federal judge has said that truck drivers should be paid at least minimum wage for time spent offduty and in their sleeper berths. Are overtheroad truck drivers required to be compensated. 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. The plight of truck drivers and drowsy driving dream legal team. In the past a truck driver could split the sleeper berth up to give them break periods of four and six hours, or three and seven hours, for example.
The driver records the amount of time spent driving, onduty not driving, in the sleeper berth, or off duty. This extended portion of their truck is found right behind the drivers seat area. Federal regulations require that some or all of the time a truck driver spends in a sleeper berth while overtheroad constitutes work time and accordingly, the truck driver must be paid for such time. When does a trucking company have to pay for sleeper time. A small motor carrier employing a truck driver who spent 55. At issue was whether overtheroad truck drivers must be compensated for time spent in the sleeper berth. The irs allows truck drivers to deduct ordinary and necessary business expenses. The plaintiffs in the case are former truck drivers in california employed by walmart who went to trial on their minimum wage claims in 2016. A driver will find a spot in a truck stop, company parking lot or rest area to park his truck and attempt to get rest. Accordingly, the drivers time in the berth was not compensable. 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. Federal court holds sleeper berth time is compensable work time.
Big truck sleepers can solve some problems, but can also create some new ones. 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. The inclusion of sleeper berth hours would inherently increase the pay of lowearning truckers. Part 395 regulations section federal motor carrier safety. Department of labor on trucking wage compensation could provide. Most commercial longhaul truck drivers rest in the sleeper cab or sleeper berth. Truck drivers clear hurdle in sleeper berth compensation lawsuit. Understanding taxes and deductions for truck drivers.
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. Jan 17, 2020 big truck sleepers can solve some problems, but can also create some new ones. Truck drivers voice pay concerns during covid19, trucking group challenges california independent contractor law, feds. Dol favors carriers in offduty driver sleeper berth time. Drivers not to be paid for sleeper berth time go by truck. The question of whether the company was entitled to deduct any sleeping time from the drivers pay will proceed to trial. Dol opinion clarifies sleeper berths guidance for truck drivers hr. Jul 24, 2019 find other views, including those contrary, in this roundup of voices with poll results about sleeper time and pay for employee drivers. The fmcsa has introduced several hours of service rules and regulations hos rules to ensure safety and minimize driving accidents. Logbook on duty and off duty time high road online cdl training. Department of labor dol, trucking employers do not need to pay truck drivers for the time they spend sleeping in tractortrailer sleeper berths. Truck drivers sleeper berth time is presumptively not. Truck drivers per diem for 2018 filing taxes for truckers.
Tax deductions for truck drivers east insurance group. Based on the facts you provided a representative example of a truck driver who spent 55. Drivers not to be paid for sleeper berth time go by truck global. When labor rules and trucker hours of service collide. Some courts are ruling that truck drivers should be paid. Dept of labor strikes a blow to driver pay hopes trucking. 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. If you mean, do truck drivers sleep in their trucks.