There are some types of jobs that require employees to spend many more hours than normal on a shift. Some jobs may involve 15 – 24 hour shifts and others may be more than 24 hours. There are jobs where an employee may be on call for days at a time. Obviously, no normal human being can stay awake forever and even employers realize that sleepy or tired employees may not do their job properly or safely.
Everyone needs some sleep, even when they are officially working. There are rules about paying employees for shifts which mean an employee must have a nap or sleep. Employers cannot get away with not paying employees for sleep time while on work hours. If this is what has happened to you, you have the right to complain and seek compensation. Talk to an employment lawyer about your situation.
Is an employer required to pay for sleep time?
The legal situation regarding paying for sleep time is outlined by the Federal Department of Labor’s Wages and Hours Division. The rules ensure that if you work for extended shifts and are expected to take time off to have a nap or sleep while on your shift that your employer must pay you.
The rules depend on how long your shift is. If it is less than 24 hours, your employer must pay you for periods of 5 hours of sleep during that shift. For example, if you are a security officer and are on a 20 hour shift, you should be able to take time off to have a nap or sleep for at least 5 hours during that 20 hour shift and get paid for it.
The rules are a little different if the shift is more than 24 hours in duration. Then, the employer must allow you to have 8 hours sleep minimum during each shift and provide reasonable sleeping accommodation so that you can sleep comfortably during that period. As long as they do that, then they do not have to pay you for the actual 8 hours sleep time, although there may be some employers who do that anyway.
What to do if an employer is not paying you
If you do work long shifts and are finding that your employer appears not to be paying you for sleep time, or at least not allowing you to sleep without interruption for at least 5 hours at a time (if your shift is less than 24 hours) or 8 hours (if your shift is greater than 24 hours) you may have the right to complain and seek compensation.
You need to have evidence that your employer appears to be not paying you for legitimate sleep time while on the job. This is not allowed under federal law and you have the right to seek compensation from your employer. Obviously, you may not want to leave your job because of your complaint, but would you rather keep working for an employer who thinks it can get away without paying you for legitimate sleep time?
The best advice is to talk to an employment law attorney before filing a claim. Also, make sure that the office that makes up the payroll and pays you a wage hasn’t made an innocent mistake with the accounting.
You will need evidence that the employment contract you signed at the time of the appointment didn’t specifically state that any sleep or rest time would be unpaid. Having documentation that proves the argument you have is sensible advice.
