When Do Employers Pay “Sleep Time”? Paid Sleep Time
This new ruling, however, does not give a blanket order that anyone required to sleep at their place of work is able to be paid for the time spent asleep. It does have certain provisions.
For instance, those who fall under Wage Order 5 (residential care givers) are not able to receive sleep pay. Nor are those who fall under Work Order 9 (Transportation drivers). These two working groups are excluded because of certain provisions built into those laws. As long as the employer provides adequate sleeping facilities, and the employee can reasonably expect to enjoy uninterrupted sleep, then the employee and employer can agree to exclude up to 8 hours of the 24 hour shift. These regulations also extend to those who work as ship crew and are required to sleep aboard the ship.
However, many employees fall into Wage Order 4. This category requires employers to pay employees at least minimum wage for all hours worked. “Hours worked” is defined as “in control of an employer.” Because of this definition, some of those who work jobs that require they are on premise 24 hours may be eligible to be paid even while they sleep.
For instance, consider a security guard that works a 24 hour shift. He works 16 hours and is allowed to sleep in the company provided sleeping trailer the other 8 hours. However, he is on-call and required to attend to any alarms or investigate any disturbances. Because he is at the whim of his job, and because even his presence helps to deter crime, he is considered to be under the control of his employer, even while he is asleep.
Free Case Evaluation: Paid Sleep Time Cases
If you are working a job where you are required to sleep at the job site, you may be able to file a lawsuit and collect back pay for the hours you have slept at the job. Your first step is to contact an attorney from by calling 1-800-917-4000, or by filling out the contact form on this page.
A sleep time back pay attorney from Phillips Dayes can handle your case no matter where you live in California.