(b) Less than twenty-four-hour duty.

1. (1) An employee who is required to be on duty for less than twenty-four (24) hours is working even though he or she is permitted to sleep or engage in other personal activities when not busy.

2. (2)

   1. (A) A telephone operator, for example, who is required to be on duty for specified hours, is working even though he or she is permitted to sleep when not busy answering calls.
   2. (B) It makes no difference that he or she is furnished facilities for sleeping.
   3. (C) His or her time is given to his or her employer.
   4. (D) He or she is required to be on duty and the time is work time.

(c) Duty of twenty-four (24) hours or more.

1. (1)

   1. (A) Where an employee is required to be on duty for twenty-four (24) 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 not more than eight (8) hours from hours worked, provided:

(i) Adequate sleeping facilities are furnished by the employer; and

1. (ii) The employee can usually enjoy an uninterrupted night’s sleep.

   1. (B) If sleeping period is of more than eight (8) hours, only eight (8) hours will be credited.
   2. (C) Where no expressed or implied agreement to the contrary is present, the eight (8) hours of sleeping time and lunch periods constitute hours worked.

2. (2) Interruptions of sleep.

   1. (A) If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked.
   2. (B) If the period is interrupted to such an extent that the employee cannot get a reasonable night's sleep, the entire period must be counted.

   3. (C) If the employee cannot get at least five (5) hours sleep during the scheduled period, the entire time is working time.

      1. (d) Residing on the employer’s premises or working at home.
3. (1) An employee who resides on his or her employer's premises on a permanent basis or for extended periods of time is not considered as working all the time he or she is on the premises.
4. (2) Ordinarily, he or she may engage in normal private pursuits and thus have enough time for eating, sleeping, entertaining, and other periods of complete freedom from all duties when he or she may leave the premises for purposes of his or her own.
5. (3) It is, of course, difficult to determine the exact hours worked under these circumstances and any reasonable agreement of the parties which takes into consideration all of the pertinent facts will be accepted.
6. (4) This rule would apply, for example, to the pumper of a stripper well who resides on the premises of his or her employer and also to a telephone operator who has the switchboard in his or her own home.