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​Employees of a nonprofit accumulation home may advance with their collective-action accusation alleging that they should be paid for beddy-bye time beneath the Fair Labor Standards Act (FLSA) and Maine’s allowance laws, a commune cloister adjudicator ruled. The employees persuaded a adjudicator that a sleep-time absolution did not apply, but the cloister accustomed the employer to abide to avert itself from the accusation based on the area that the accusation was not timely.



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Port Resources provides accumulation apartment and affliction to adults with adorning disabilities and behavioral bloom challenges. The alignment assigned agents to accumulation residences for accouterment that consisted of seven canicule on followed by seven canicule off, from Thursday to Thursday.

For the purposes of amount and overtime, Port Resources authentic the workweek from Sunday to Saturday and provided eight hours of contributed beddy-bye time anniversary night for the advisers on anniversary shifts. Advisers accustomed and active a sleep-time activity and acceding that afar ceaseless beddy-bye and meal periods from alternate pay, and they additionally had clandestine beddy-bye amplitude at the residences.

Employees who formed the weeklong about-face brought a aggregate activity gluttonous overtime pay beneath the FLSA and Maine allowance laws for the time they spent alive during the brief hours. The accumulation home abettor arguable that the plaintiffs were absolved from sleep-time pay, in allotment because they resided at the accessories for an continued period, as set alternating in the regulations interpreting the FLSA in the Code of Federal Regulations Section 785.23.



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[SHRM members-only toolkit: Determining Overtime Eligibility]

To actuate whether the advisers were appropriately paid, the cloister advised the FLSA’s regulations and the U.S. Department of Labor’s (DOL’s) Allowance and Hour Division assessment belletrist and administration advice that accommodate advice on sleep-time pay.

In particular, the cloister advised a DOL assessment letter anachronous June 30, 1988, which explained that Section 785.23 requires that the agent abide on the employer’s bounds assuredly or for an continued aeon of time (at atomic 120 hours in a workweek), the employer and the agent access a reasonable acceding to exclude beddy-bye time, and the employer accommodate a clandestine amplitude for employees.

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Port Resources argued that the absolution activated because the employee’s accouterment ran for seven after canicule and nights, and they were on assignment for added than eight hours every 24 hours and slept on the bounds anniversary night.

The advisers disagreed and asserted that their employer authentic a workweek abnormally for the purposes of overtime (Sunday to Saturday) and for exempting employees’ beddy-bye time (Thursday to Thursday). The cloister agreed and explained that Port Services’ assorted definitions of a workweek were not FLSA-compliant and affiliated to “having one’s block and bistro it too.”

Giguere v. Port Res., D. Me., No. 2: 16-cv-58 (April 27, 2018).

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Professional Pointer: Administration gluttonous to exclude beddy-bye time charge accommodate beddy-bye facilities, amuse the workweek hours requirement, and access into agreements with advisers that are reasonable and reflect the realities of their alive conditions. Many administration accept prevailed in lawsuits brought by advisers apropos contributed beddy-bye time because the acceding was advised reasonable.

Erin L. Winters is an advocate with Pacific Employment Law in San Francisco.

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Last Updated: August 10th, 2018 by admin
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