Under certain circumstances, an employee is considered to be working even though some time is spent in sleeping or in certain other activities (OR Admin. Rules Sec. 839-020-0042). An employee required to be on duty for less than 24 consecutive hours is working even though permitted to sleep or engage in other activities when not busy. If an employee is required to be on duty for 24 consecutive hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of up to 8 hours from hours worked. If there is no expressed or implied agreement to exclude the sleeping and meal periods from hours worked, those periods constitute hours worked.
Facilities must be furnished by the employer so that the employee can “usually” enjoy an uninterrupted sleep period. If there is no expressed or implied agreement to the contrary, the 8 hours of sleeping time and lunch periods constitute hours worked. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the sleep period is interrupted so that the employee cannot get a reasonable sleep period, the entire period is work time. A reasonable night's sleep is at least 5 continuous hours.