I work in a wastewater treatment plant. My question is my department works 7 days a week, 24hrs per day. The pay period starts on saturday midnight & ends on the following friday. I have a 2 week pay period. My problem is that I work 7 days in row monday thru sunday for a total 56 hrs. Then I have mon/tues off, then I work 8 days in a row for a total of 64 hrs wed to wed. Because of the pay week, the company manages to get 40 hrs in a pay week. Unless i'm an exempt employee, everything after 40 hrs should be overtime. The hours always come out 40/40 in a two week period. I've tried to research this thru the mass. web site, but never can find much.

I had a little trouble following your schedule. Can you detail it by day for us?

I think I got it.

Work week runs Sat - Fri.

Week 1, works Mon - Fri, 40 hours.

Week 2, works Sat, Sun, then Wed, Thu, Fri, 40 hours.

Week 3, works Sat - Wed, 40 hours.

Perfectly legal, even though there are some long stretches in there (like eight work days in a row going from the middle of week two to the middle of week three).

I am not sure how Massachusett's day of rest law works and if this schedule meets the requirements or not.

scotty b u have it correct, work week starts on sat thru friday I work m-t-w-t-f pay week ends. i continue to work sat-sun, off for mon- tues, then wed-thurs-fri that gives me 40/40:mad:

Sorry, Paul, but there is no overtime involved under FLSA and, I suspect, Mass laws, either.

I am willing to work someone six days in a row, but hate to ask them to do seven (yes, ask, unless I have no other choice), but it is quite legal and can be set up, as you have experienced, so that no overtime is involved.

what is flsa? thanks

FLSA = Fair Labor Standards Act.

That is the federal law governing most employees. It establishes the rules about overtime for most non-exempt employees, like yourself.

State laws can be more favorable for the employee, but not less.

Sorry I was not clear on that.

The following website has the federal (FLSA) rules on overtime. As previously described, states can and occasionally do have rules more favorable then the federal rules, but states cannot make the federal rules go away. Your employer cannot treat you worse then the federal rules. They can treat you better.

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

One point of clarification, Massachusetts has both Blue Laws and Day of Rest laws. Which leaves us with two short questions: can your business be open on Sunday, and can you be required to work 7 straight days?

The Blue Laws prohibit businesses from being open on Sunday, with some exceptions - 55 of them are listed in MA Gen. Law, chapter 136, section 6. Here's a link: http://www.mass.gov/legis/laws/mgl/136-6.htm.

Wastewater treatment plants probably fits in to (4) "The conduct of any public service the continuing operation of which is necessary for the maintenance of life, such as, but not limited to, the operation of municipal water and sewage disposal systems, the operation of hospitals and clinics, or the necessary services of physicians, surgeons, dentists and the like." So, it looks like the business can be opened on Sunday. Now, the question is can you be required to work 7 straight days?

MGL c. 149, s. 48 states that employees must have 1 day of rest every 7 days of work. c.149, s.51 adds that the employer must post lists of every employee designating the day of rest for each, and that no person shall be required or allowed to work on his day of rest. c.149, s.51A states that the AG may grant a 60 day exemption for an employer, although very few companies actually apply to the AG for this exemption.

Bottom line, the business can probably be open on Sunday, but it is unlikely that you can be required to work 7 straight days a week.

So after I work 7 days straight I get 2 days off, then I work 8 days straight & get 4 days off. The company is getting away with this and My dept. is tired of it. In closing do I have a leg to stand on. Thanks

You have a leg to stand on, in that your company seems to be violating the law. The problem is that there's no private remedy for it. The AG or the courts can impose a fine of $300, but that's about it.

Of course, you can call the AG anonymously and register a complaint and see if that gets you anywhere. You might also check to see about other workplace safety rules implicated by OSHA or the regulatory bodies that govern your industry.