Transportation Executive Summary: USDOL Withdraws Opinion Letter Regarding Sleeper Berths
over the road truck drivers hours worked and sleeper berth issues
This website has frequently reported on the issues arising from hours worked and sleeper berth issues for over the road truck drivers. See e.g.,
- Transportation Executive Summary: U.S. Department of Labor Issues New Wage and Hour Opinion Letter Regarding Sleeper Berths (07.24.2019) - click for link to article;
- U.S. Department of Labor FLSA2019-10 letter (07.22.2019) - click for link to letter;
- Transportation Executive Summary: DOL Opinion Letter Does Not Derail Sleeper Berth Case
(02.24.2020) - click for link to article; - Transportation Executive Summary: Court Holds Time Spent in Sleeper May Constitute Time Worked
(02.12.2019) - click for link to article.
over the road truck drivers hours worked and sleeper berth issues background
Just to recap what has happened, in July of 2019, the Department of Labor, Wage and Hour Division (“WHD”) reported the issuance of Opinion Letter 2019-10. In that Opinion letter, the WHD addressed the compensability of time spent in a truck’s sleeper berth while otherwise relieved from duty. The WHD concluded that the time for which drivers are relieved of all duties and permitted to sleep in a sleeper berth is preemptively non-working time that is not compensable.
However, the Letter was subsequently withdrawn on February, 19 2021. The WHD found that the Letter was inconsistent with their “longstanding interpretations regarding the compensability of time spent in a truck’s sleeper berth.” In addition, “[s]everal courts have declined to follow” the 2019 Letter, finding it to be “inconsistent with the Department’s regulations, unpersuasive,” and “did not adequately explain WHD’s change in position.” Perhaps, a change in administrations did not hurt either. The new opinion letter can be accessed here. Continue to monitor this website for further information on USDOL developments concerning the transportation industry.
for more information
Contact John F. Fatino for more information about trucking and transportation matters at 515-288-6041. Drake University Law School J.D. candidate, Taylor J. Thomas, assisted in the preparation of these materials.