Workers sleeping on the job — are they entitled to the national minimum wage?

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In almost all circumstances, workers are entitled to receive a wage that is no less than the current national minimum wage (NMW) rate for each hour of work. What amounts to ‘work’ for these purposes is set out in the National Minimum Wage Regulations 1999.

The regulations also set out what is not work but should be ‘deemed to be work’ for the purposes of calculating the NMW. For deemed work, however, there are a number of potential exemptions that mean that the NMW rate will not apply. These include where the employee ‘by arrangement… sleeps at or near a place of work and is provided with suitable facilities for sleeping’…

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