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



Doug Marcello The LEAD: Ignoring your data, fearing discovery in litigation, can be fatal to your company. The data is there. Plaintiffs will get it. You must proactively cumulate and analyze it to promote safety and proactively prepare to defend any potential suit....

Roadcheck is May 16 – Download the Inspection Guide

What can you expect duging any roadside inspectin - but especially during the annual Roadcheck blitz?  The inspectin guidelines are published and consistently used throughout North America. Download the guide here.

Preparing your drivers for deposition

Doug Marcello Your driver is to be deposed. They are to be thrust into a foreign world for which they have neither any experience nor concept. And out the other side of the process comes their “sworn testimony”, written in cement, as to the accident, training,...

Driver Survey Results

by David Hollis For the typical trucker who is in the driver's seat of their truck for most of their waking hours while on the road, having that seat be as comfortable as possible is a big deal. That's just one of the things we found out in our recent survey of what...

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...