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.”