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


All 3G ELDs Do Not Comply with FMCSA Regs by 12/31/2022

Verizon is the last network to shut down their 3G network, the sunset date is December 31, 2022.  The other major networks shut down their 3G earlier this year. If you have an ELD system that relies on 3G to operate, it will no longer be compliant.  The carrier has 8...

Preparing your Drivers for Deposition

Doug Marcello, a shareholder with the law firm of Saxton & Stump and chief legal officer of Bluewire, is a trucking defense attorney with a CDL. He had represented trucking clients across the country, having been specially admitted for cases in 35 states. Doug...

10 laws that changed how trucking works

A look back at some of the top labor issues in the freight-hauling industry since deregulation in the 1980s—and even before—as well as the notable impacts of ongoing worker and driver challenges. FleetOwner Staff Although the federal government doesn’t regulate labor...