USDOL Clarifies Truck Driver Sleeper Time Pay – Key Compliance Updates

Audit payroll and schedules now to ensure rest-berth compensation is categorized as off-duty when the resting period occurs in the berth; otherwise adjust to reflect the department’s standard.

To comply, implement a per week split approach: separate driving duties from rest periods, ensure the minimum off-duty blocks align with policy, and have their supervisors sign off on changes each week. This will give their divisions a consistent framework for the field, reducing friction for working teams across the department.

Example: in the walker division, thomas and drake coordinated a schedule with two rest blocks; the number of driving hours stayed within policy, and their team could perform the work while staying compliant. Αυτό το example clears ambiguity about how to map rest blocks to remuneration, and a quick call during the division meeting can sign off the plan.

To speed adoption, create a standard checklist that clears ambiguity and makes the process auditable. Each week, record the number of hours spent driving, the split blocks, and the working status of each operator. This supports the department and their teams, and the approach might be adopted across the division, not only making operations consistent from field to headquarters, but also simplifying audits.

Practical guidance for over-the-road drivers and carrier operations

Policy approach: sleeping in berths during a shift must be logged as resting blocks separate from active trucking tasks. Maintain a week-by-week berths ledger showing location, start and end of rest, and whether it occurred at a yard, terminal, or while en route. This ledger clears ambiguity for the administrator and the authority during reviews. For training, onboard a candidate to demonstrate the process, and implement a simple form for field use across the fleet.

Record-keeping specifics: for each calendar day, capture date, location, shift, activity (working, sleeping, waiting), berths used, rest duration in hours, and names of participants as required by policy. The number of berths occupied should be tracked; school programs can reinforce the format, and trainees can practice in the yard. The arkansas administrator said that clear, accessible information clears disputes; however, follow the regulator’s portal for the latest interpretation and guidance. This approach creates an opportunity to improve transport safety across the fleet.

Operational steps for operators: shift planning must include a rest window; if a layover is needed, reserve a berth and log the rest as sleeping; when regulations update, visit the authority portal and document the change; conduct quarterly audits of berths logs; use weekly reviews to adjust schedules and reduce waiting while active; Walker, administrator with the Arkansas authority, said that clear, traceable information clears ambiguities and supports consistent practice. This approach strengthens transport safety and provides a solid example for other regions.

Example: in a typical week, a trucking operation may run multiple shifts across an assortment of fixed facilities and layovers. They log sleeping in berths totaling 12 to 18 hours across the week, while on-duty periods accumulate about 40 to 60 hours of working activity and several hours of waiting. A candidate trainee visited a school module and then applied the logging process during a field visit, demonstrating the path from classroom learning to on-road practice. This demonstrates how following the policy reduces disputes and increases opportunity for consistent compliance across fleets and authorities.

Who Qualifies for Sleeper Berth Time Pay under the New Guidance

Recommendation: Treat any interval in the berth area as compensable only when the employee is required to stay nearby and ready to perform driving duties. If the employee is free to rest while not awaiting dispatch, that interval does not qualify. Employers should capture this information in payroll notes and reference the rule during audits.

Qualifying scenarios include waiting for orders, during loading or unloading, or while awaiting dispatch within a split shift.

According to department interpretations, the rule aims to align compensable intervals with carrier standards. For example, John worked a route and remained near the berth, ready for driving duties; Drake, from the department, said this interpretation aligns with authority guidance and should be applied consistently.

Information collection should record start and end times for that interval, location, status (waiting or performing work duties), and whether the employee was required to stay near the task. This summary supports audits and helps determine candidate payroll adjustments.

Forward-looking steps include updating policy, training managers, implementing a split-time tracker, and aligning with authority guidance. The opportunity to reduce disputes and improve standards is clear for employers and carriers, and the information gathered under this rule should inform both practice and interpretation moving forward.

Split Sleeper Berth Rule: Practical Examples and How to Implement

Recommendation: two rest periods in the berth totaling not less than 10 hours should be used, with both segments taken in the berth and separated by an on‑duty interval if needed; your policy should follow the rule and be clear to drivers, and the agency should be informed about the plan.

When making schedules, ensure the written policy states two berth periods each at least 2 hours, with a total of 10 hours, and that the second segment is documented as part of the rest plan; this is reported to the administrator and included in the summary.

Example 1: candidate John completes 8 hours in the berth, followed by a 2‑hour on‑duty break, then 2 hours in the berth again, totaling 10 hours across berth periods. This approach is allowed and should be documented in your summary and letter to the administrator.

Example 2: candidate with 6 hours in the berth, then 4 hours in the berth after a 2‑hour on‑duty interval; the two berth periods total 10 hours. The plan is reported to the agency and included in the carrier record for transport planning discussions.

Implementation steps: update internal procedures so every working cycle includes two berth periods totaling at least 10 hours; create templates to show the hours, the breaks, and the order of periods; train staff and drivers (john can be used as a training example) to perform the split; prepare a short summary letter to the administrator describing the approach and listing the candidate names; maintain a источник of interpretations to support the policy regarding the rule.

Monitoring and oversight: the administrator reviews reported records, the agency tracks the number of drivers engaged, and the carrier ensures that breaks are respected while working schedules remain efficient. Following these steps helps your organization stay aligned with regulations and transport needs.

Calculating Hours Worked: Distinguishing Driving, Sleeper Berth, and On/Off Duty

Recommendation: classify every hour into three categories–driving, on-duty not driving, and off-duty–and document the split clearly. Use a forward‑looking method to create a concise summary for each period, week, and wage calculation.

• driving – hours when the vehicle is moving or being directed to move; these hours must be logged accurately to reflect actual movement.
• on-duty not driving – duties performed while the vehicle is stationary or idle, such as fueling, inspecting, loading/unloading, dispatch calls, waiting, trip planning, and other work that does not involve driving.
• off-duty – time when the worker is free from work tasks and not engaged in any required activity; this period supports rest and does not count toward wage calculations for driving or on‑duty tasks.

Implementation guidance for creating reliable records:

1. Use a single system (agency or fleet‑level) to mark each hour as driving, on‑duty, or off‑duty; ensure this split cannot be overridden without a documented change.
2. Record transitions precisely; if a period contains driving followed by on‑duty and then off‑duty, allocate hours in sequence (driving, then on‑duty, then off‑duty) to reflect actual work performed.
3. Keep an auditable trail; attach a brief note (letter or memo) when there are exceptions or assisted tasks that altered the standard split; these notes matter for wage calculations and compliance discussions.
4. Review weekly totals to verify the minimum standards and to identify any gaps in reporting; the summary should be created and available for review by the workers and the agency for consistency.
5. When multiple workers operate the same vehicles, ensure that the same split method is applied across all drivers to prevent disparities in wage calculations and overtime eligibility.

Illustrative 24-hour period for a representative day:

1. 07:00–11:00 driving (4 hours)
2. 11:00–12:30 on‑duty not driving (1.5 hours)
3. 12:30–14:00 off‑duty (1.5 hours)
4. 14:00–18:00 driving (4 hours)
5. 18:00–19:00 on‑duty not driving (1 hour)
6. 19:00–07:00 off‑duty (12 hours)

Recordkeeping and reporting considerations:

• Weekly reports should summarize the total hours in each category (driving, on‑duty, off‑duty) and the resulting wage implications for workers and the fleet; these matters influence the concluded wage calculations and the opportunity for audits.
• Maintain letters and other documentation from drivers like John and Walker when they provide input about shifts, breaks, or unusual circumstances that affect the split; these letters can support the accuracy of the reported periods.
• Ensure that the documentation aligns with agency standards for timekeeping and wage calculations; a clear, consistent approach helps prevent disputes and supports compliance conclusions and wage transparency.
• For a single period that spans multiple days, extend the split logically across the boundary and adjust the weekly summary accordingly; this approach minimizes errors and preserves the integrity of the records.

Practical takeaway for teams managing a fleet of vehicles and crews: map each hour to driving, on‑duty not driving, or off‑duty, keep the split clean and auditable, and use the weekly summary to confirm the more critical wage outcomes and compliance status. These practices create a robust foundation for wage calculations, ensure consistency across workers, and reduce ambiguity when letters or notes from drivers are reviewed by the agency.

Recordkeeping and Payroll: Documentation Carriers Need to Retain

Implement a centralized archive for remuneration-related records covering every driving period. They must assign responsibility within the arkansas division, align with the agency guidance, and retain all relevant documents for the minimum periods defined by this rule and the authority’s requirements, making the process simpler and less prone to missing items.

• Record elements to retain: remuneration calculations, wage statements, signed driving period logs, route data, transport details, vehicle numbers, and any deductions or benefits applied for each worked period. Maintain a concise summary that ties each paid amount to these elements and shows the basis for the calculation.
• Supporting documentation: keep correspondence with staff and notes about adjustments or corrections, along with any assisted entries by clerical staff. Use a consistent naming convention to facilitate quick retrieval during an inquiry by the agency or authority, regarding this material.
• Retention periods: apply the minimum periods noted in the guidance and ensure there is no gap between the end of a period and the retention start date. If corrections occur, preserve the original records and the amended versions for the same periods.
• Storage and access: store in a secure, accessible system with indexed fields (worker id, dates, route, and number) to support rapid retrieval. Limit access to authorized personnel and maintain a robust audit trail, including school transport operations where applicable.
• Signature and verification: require a supervisor or authorized official sign-off on the driving period logs and remuneration summaries, with a clear fact trail showing who approved the entries and when. This process assisted by clerical staff helps ensure your guidance is met.
• Audit readiness: prepare a quarterly checklist to verify that all items exist, are legible, and align with the guidance and rule. The arkansas division and the authority may review samples; be ready to present the documentation for each worked period. Do not wait for a full audit to surface gaps.
• References and resources: review drake materials frequently referenced in the agency guidance. This offers an opportunity for your team to strengthen processes and avoid inquiries.
• Contact and escalation: if you need direct assistance, call the number listed in the guidance document or your division. This is your opportunity to align quickly and reduce delays in record retrieval.

Industry Reactions and DOL Opinion Letters: Clarifications, Withdrawals, and ATA Position

Recommendation: immediately adopt a standardized hours framework for trucks operations, clearly define sleeping periods, require workers to sign the revised policy, and run a 4-week pilot in one region to validate consistency.

Industry reaction shows employers aligning plans with letters and ATA guidance. They are expanding follow-up calls from fleet managers to ensure transport hours are consistently recorded across routes and shifts; a growing number of operators are testing a split shift approach that separates sleeping time from active work, improving predictability and service reliability.

From the department, a set of letters on these issues was issued, and a subset was later withdrawn after review. The administrator notes the agency’s authority to interpret policy and to issue or revoke guidance to reduce ambiguity across regions; in a walker file noted by the agency, hours and sleeping status were split and later revised, illustrating why withdrawals occurred.

ATA Position: a consistent interpretation that supports clear sign-off for hours and sleeping periods, and urges employers to implement a standard split pattern across week cycles. For employers, follow these steps: update logs, train staff on the policy, secure sign-off from candidates for your policy, and maintain a brief justification for any exceptions; this reduces wait times for approvals and lowers dispute risk across transport operations.

Actionable next steps for the department and industry: publish concise reference materials, require written follow-up for all shifts, and keep a single source of truth for hours by hour and sleeping status. This approach creates more opportunity to stay compliant, provide reliable service, and protect workers while aligning with the agency’s ongoing oversight.

Action Plan for Carriers and Drivers: Training, Audits, and Compliance Milestones

Implement a three-stage rollout: 1) mandatory guidance sessions for all workers covering breaks, berths usage, sign-off procedures, and safe transport during shift changes across a fleet of trucks; 2) quarterly audits with a standardized rule-based checklist; 3) milestone tracking with an administrator-led dashboard that reports progress and flags gaps. This approach clears confusion and drives more consistent behavior across the carrier network and its teams.

Milestones and dates: within 14 days, complete the initial training for workers; within 30 days, run the first audit and report findings from the facilities; within 60 days, verify that shifts, breaks, and berths usage align with the rule and guidance. The number of trucks under management will be included in the dashboard, and all actions will be tracked for accountability by the administrator.

Training modules: core content on hours management, trip planning, driving practices, and the guidance for breaks and berths; include scenario-based exercises to practice the rule in real routes; include a module on signage to indicate conformance at the site; john will serve as a field liaison to ensure this is practical; schools and on-site briefings will be used; these lessons will be created in collaboration with the carrier safety office; they will perform assessments and report outcomes to the administrator.

Audit framework: sample sizes defined by number of trips per shift; auditors will verify that the allowed rest is not below policy; the checks will be recorded, and reports will be posted to the dashboard; the administrator will sign off the findings; these will drive corrective actions with the carrier; management will set a target to reduce issues by a defined percent in the next quarter.

Data and guidance flow: collected data from transport teams will feed the guidance update; the rule will be integrated into dispatch software to alert for delays or missed berths; reported metrics include number of workers trained, number of visits completed, and the status of berths; the system will be created with a modular design that scales to more operations; sign-off by the administrator triggers the next step; fact-based reporting will inform more guidance to the field.

Carrier and worker outreach: signage in terminals, supervisor visits, and school-based training partnerships; communication will focus on breaks and adherence to rest periods; teams will wait for the next cycle; these actions will relieve risk and improve on-road safety; the plan will include a monthly report to leadership; the administrator will oversee the rollout and ensure the guidance remains current. Over time, issues reported are relieved through targeted coaching.