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

What it takes to advocate for legal abuse reform

Pamella De Leon The surge of nuclear verdicts – post-crash jury awards exceeding over $10 million – against trucking companies have sent shockwaves through the industry. Despite a decrease in fatal crashes, verdicts are increasing, according to a 2023 study by the...

ELD Mandate Comparison: Canada and the U.S.

Learn about the notable differences between the Canadian and US mandate rules. Mark Samber Canada’s electronic logging device (ELD) mandate was adopted on June 12, 2019, and is effective for all federally-regulated carriers. The Canadian mandate closely follows the...

How to Get More Out of Commercial Driver Vehicle Inspections

Deborah Lockridge   When Tom Bray was in charge of safety at a motor carrier, a frustration was seeing drivers leave the yard with an easily correctable problem that could result in a violation or worse — but should have been found in a driver vehicle inspection...

When Must Truckers Complete a Driver Vehicle Inspection Report?

Deborah Lockridge A common misconception about driver vehicle inspection reports for truckers and other commercial drivers is that one is required at every pre-trip inspection. How often must a walk-around pre-trip inspection be conducted? Before every trip. How often...

Update on Relevant U.S. Regulations

PHMSA Announces Future Office of Hazardous Materials Safety Meetings On April 24, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Office of Hazardous Materials Safety announced it will host three public meetings throughout the remainder of 2024 in...

CATEGORIES