OFCCP Week In Review: July 29, 2019

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Monday, July 22, 2019: New Opinion Letter from WHD

Official Logo for the US Department of Labor's Wage and Hour DivisionThe Wage and Hour Division (WHD) issued a new opinion letter (FLSA2019-10) that addresses compliance issues related to the Fair Labor Standards Act (FLSA).

The Question

Does the time spent in a truck’s sleeper berth count as compensable hours worked under the Fair Labor Standards Act (FLSA)?

The Opinion

No, however, there may be exceptions. The time drivers are relieved of all duties and permitted to sleep in a sleeper berth is presumptively non-working time that is not compensable. There may be circumstances, however, where a driver who retires to a sleeping berth is unable to use the time effectively for his or her own purposes. For example, a driver who is required to remain on call or do…



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