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

2024 Commercial Vehicle Safety Symposium

Presentations from the 2024 Pennsylvania Commercial Vehicle Safety Symposium; August 2024 FMCSA Update NDASA Drug and Alcohol Testing Update Doug Marcello; Cost of Noncompliance Presentation Richard C. Kelly; Civil Liability  

Chevron deference is gone. What does that mean for trucking?

A world without Chevron deference empowers courts to ignore agencies’ interpretations of their own statutory authority, bringing new vulnerability to emissions regulations, FMCSA rulemaking, and more.   Jeremy Wolfe The Supreme Court in June overruled Chevron...

ATRI: VALUE OF RISK AND SAFETY PER ANNUAL OPERATING EXPENSE

Doug Marcello WHY IT MATTERS:  The value of safety and risk is not theoretical.  ATRI’s Annual Operational Cost of Trucking Study quantifies its value and importance to the bottom line.  And with anticipated premium increases, it is now more vital than ever to reduce...

4 Core Metrics Safety Directors Should Be Looking At Each Week

Scott Rea You know the old saying: “You can’t manage what you don’t measure?” As a Safety Director tasked with overseeing recruiting, compliance, and safety efforts in your company, you must use metrics to avoid wasting time and money, keep auditors and plaintiff’s...

CATEGORIES