TerMorshuizen v. Spurwink Services, Inc.Annotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court in favor of Spurwink Services, Inc. on the claim filed by Sydney and Patricia TerMorshuizen for overtime pay pursuant to Me. Rev. Stat. 26, 664, holding that interruptions to "sleep time" are not compensable under section 664.
The TerMorshuizens worked as a therapeutic couple at Spurwink's day and residential treatment program for children and adolescents with significant emotional and behavioral needs. The TerMorshuizens, who lived in the residence with the children, brought suit seeking overtime wages, arguing that, while Spurwink paid them for sleep time interruptions, they were entitled to payment for other client interruptions that prevented them from sleeping, regardless of whether those interruptions actually required direct client interaction. The trial court granted summary judgment for Spurwink on the grounds that Spurwink's sleep time compensation policy was in compliance with federal law and was reasonable as a matter of law. The Supreme Judicial Court affirmed, holding that the superior court did not err in (1) applying section 29 C.F.R. 785.23 to determine whether sleep time constitutes compensable work time; and (2) determining that Spurwink's sleep time policy was reasonable as a matter of law.