Truck Driver News - Truck Driver Sleeper Berth Time: Federal Court's New Ruling

Truck Driver Sleeper Berth Time – Federal Court’s New Ruling

In a recent development that has garnered significant attention within the trucking industry, the First Circuit Court of Appeals ruled in December that the time truck drivers spend in the sleeper berth beyond eight hours is compensable under the Fair Labor Standards Act (FLSA). This decision carries significant implications for both trucking companies and their drivers, particularly those who engage in team driving. Let’s delve into the details of this ruling and its potential impact on the trucking industry.

The Case in Question: CRST Expedited vs. Juan Carlos Montoya

The case that led to this ruling involved CRST Expedited and Juan Carlos Montoya, along with other former trainee drivers. These drivers alleged that CRST’s compensation policies violated the FLSA, as they did not receive compensation for time spent in the sleeper berth beyond the Department of Labor’s (DOL) allowable eight-hour sleeping period.

CRST, known for its team-driving model, argued that the time spent in the sleeper berth should not be considered work under the FLSA because drivers were essentially “waiting to be engaged” during that time. According to CRST, drivers could use this time for personal activities such as sleeping, preparing meals, watching TV, and browsing the internet.

The Predominant Benefit Test: Key to the Ruling

The First Circuit Appeals Court relied on the “predominant benefit test” to determine whether the time spent in the sleeper berth should be compensable under the FLSA. This test assesses whether employee time is spent predominantly for the employer’s benefit, taking into account various factors, including the employee’s physical location, ability to leave the workplace, ability to engage in personal activities, and the burden on the employee.

The court considered several crucial factors when applying this test:

  1. Physical Location: The fact that drivers were confined to a small and noisy space (the sleeper berth of a moving truck) played a significant role. This restriction limited the nature of activities that drivers could pursue during their rest periods.

  2. Continuous Travel: The court noted that drivers were typically on the move while in the sleeper berth, highlighting the importance of continuous travel to CRST’s business. This suggested that the time spent in the sleeper berth was primarily for the company’s benefit.

  3. Burden on Employees: The discomfort associated with being confined in a small space, coupled with the possibility of interruptions, was considered more than a “minimal burden” on drivers.

DOT Regulations vs. FLSA Regulations

CRST argued that the Department of Transportation (DOT) regulations determined what constituted compensable work, contending that sleeper berth time should be considered off-duty time. However, the court firmly asserted that DOT regulations focused on driver and road safety and were unrelated to worker compensation issues. It was the FLSA regulations that governed the matter of compensation.

Key Sections of the Fair Labor Standards Act

Two sections of the FLSA were central to this case:

  1. 29 CFR 785.22: This section allows employers and employees to agree to exclude a bona fide regularly scheduled sleeping period of not more than eight hours from hours worked. If the sleeping period exceeds eight hours, only eight hours will be credited.

  2. 29 CFR 785.41: This section states that any work performed while traveling must be counted as hours worked unless employees are permitted to sleep in adequate facilities furnished by the employer.

CRST contended that section 785.22 should not apply because their drivers were on duty for 14 hours or less at a time, not 24 hours or more. Montoya argued that both sections applied because drivers were working when in the sleeper berth, making them “on duty” for 24 hours or more under DOL regulations.

The Court’s Final Ruling

In light of the predominant benefit test and its evaluation of the circumstances, the appeals court ruled in favor of Montoya. The court held that employees’ time spent in the sleeper berth beyond eight hours per day should be considered compensable work under the FLSA.

Impact on the Trucking Industry

This ruling carries significant implications for the trucking industry, especially for companies employing team drivers. Trucking companies may need to reassess their compensation policies to ensure compliance with the FLSA. Drivers may potentially see changes in their compensation structure, with sleeper berth time beyond eight hours being factored into their pay.

Additionally, this ruling underscores the importance of understanding and adhering to both DOT and FLSA regulations. While DOT regulations primarily focus on safety, the FLSA governs worker compensation issues, and the two should not be confused.

Ensuring Fair Compensation for Truck Drivers

Truck drivers play a vital role in the economy, ensuring that goods are transported efficiently and effectively across the nation. It’s essential to ensure that they are fairly compensated for their time and efforts, especially when they are on the road for extended periods.

One of the key aspects of this recent ruling is the acknowledgment that time spent in the sleeper berth is not necessarily a period of rest that solely benefits the driver. The court recognized that drivers in team-driving operations often continue to travel while in the sleeper berth, contributing to the company’s bottom line. Therefore, it was deemed that this time should be considered compensable work.

Adapting to Industry Changes

Trucking companies may need to adapt to this change in the regulatory landscape. While some may argue that this could lead to increased operational costs, it’s important to remember that fair compensation for drivers is crucial for driver retention and job satisfaction.

Truck drivers often face challenging working conditions, including long hours on the road, time away from home, and the need to adhere to strict regulations. Ensuring that they are compensated fairly for their time spent working, whether driving or resting in the sleeper berth, is a step toward recognizing their contributions to the industry.

Potential Changes in Compensation Policies

Trucking companies may need to revisit their compensation policies in light of this ruling. This could involve adjusting pay structures for team drivers to include compensation for sleeper berth time beyond eight hours. Companies that have traditionally excluded this time from compensation calculations may need to reevaluate their approach.

Additionally, it’s essential for trucking companies to communicate these changes transparently with their drivers. Ensuring that drivers understand how their compensation is calculated and that they are being compensated fairly can contribute to a more positive working relationship between drivers and their employers.

Driver Retention and Job Satisfaction

One of the challenges that the trucking industry has faced in recent years is driver retention. Long hours and time away from home can take a toll on drivers, leading some to leave the profession. Fair compensation practices, including compliance with FLSA regulations, can contribute to higher job satisfaction among drivers.

When drivers feel that they are being compensated fairly for their time and efforts, they are more likely to stay with a company for the long term. This can result in cost savings for trucking companies, as recruiting and training new drivers can be a significant expense.

Legal Compliance and Industry Standards

The recent court ruling serves as a reminder that trucking companies must stay informed about changes in labor laws and regulations that affect their industry. Ensuring compliance with both DOT and FLSA regulations is essential to avoid legal issues and potential financial penalties.

Trucking companies should also consider industry standards and best practices when it comes to compensation. While compliance with the law is the minimum requirement, going above and beyond to provide competitive and fair compensation packages can help attract and retain top talent in the industry.


The recent First Circuit Court of Appeals ruling regarding sleeper berth time for truck drivers has sparked discussions within the trucking industry. The decision, based on the predominant benefit test, concludes that time spent in the sleeper berth beyond eight hours is compensable under the FLSA. Trucking companies and drivers alike should carefully consider the implications of this ruling and ensure compliance with relevant regulations to avoid potential legal issues in the future.

As the industry continues to evolve, it’s essential for both trucking companies and drivers to adapt to changes in compensation policies and legal standards. Ultimately, fair compensation for truck drivers is not only a legal requirement but also a way to recognize and value their critical contributions to the nation’s economy.




Go toTop