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Sleeping on the job doesn’t pay–this time

by on
in Human Resources

The manager of a group home was required to work a regular, eight-hour day and remain at the home overnight. He was paid for a standard, 40-hour workweek and sued, alleging he should be paid overtime for his sleep time. A district court didn't buy it, ruling that sleeping, even if the employee can't leave the work site, doesn't qualify for overtime pay under the Fair Labor Standards Act. A key factor: If the employer and employee formally agreed to the schedule and pay structure, it stands. (Ormsby v. C.O.F. Training Services Inc., No. 01-4029, D.Kan., 2002) For guidance on sleep-time pay, go to www.dol.gov/elaws/esa/flsa/hoursworked/screenER32.asp.

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