NEWS & REPORTS

Ninth Circuit Denies Sleeper Berth Pay Claims

May 26, 2017 | Articles

Court rules that orientation is part of the application process and not necessarily compensable.  Further, drivers in a sleeper berth are using adequate facilities for rest.

Former drivers for a motor carrier sued the company claiming they had not been paid for the time they spent in orientation and the time they spent in the sleeper berth of a moving truck.  The trial court found in favor of the motor carrier on both claims, the Ninth Circuit affirmed.

The court concluded that the orientation was an application process because not all participants were hired upon completion. The court also agreed with the motor carrier that sleeper berth time was not compensable based on a federal regulation clarifying that truck drivers or assistants are not working when riding in a truck if they are “permitted to sleep in adequate facilities furnished by the employer.”

About the Author

NEWS & REPORTS

Danger of social isolation OTR: Truckers don’t have to be alone

Clifford Petersen With apologies to the women in the audience, it’s no news that the vast majority of working truckers are men -- here’s looking at (most of) you, readers. And if you’ve followed my fulminations here, you’ll know I’m passionate about health, about...

FMCSA shores up state DataQ responsibilities

Land Line Media Getting dinged during a roadside inspection is bad enough. But for truckers who say they aren’t guilty of the violation, it has been a struggle with due process. Recourse for disputed violations reported to the Federal Motor Carrier Safety...

What makes this freight market cycle strange?

This freight market's early cycle phase is characterized by low supply and flat demand. What will that mean for rates going forward? Jermy Wolfe Key takeaways For-hire trucking is just out of the bottoming phase of a market cycle. Heating freight demand would normally...

CATEGORIES