A friend of mine is a Production Manager for a theatre. She is responsible for representing the theatre when shows rent the space. often a show (any company that rents the stage space for the day) will come in at 8:00am and not leave until 11:00pm. Theatre rules require a representative of the theatre to be available at all times for the show's run. This means that she is unable to leave the building for lunch or dinner for up to 15 hours, and must always be available. She can not even lock her door and remain uninterrupted for 30 minutes if she wanted to. Bathroom breaks and short breaks are possible, but never anything more.

She is a salaried exempt employee who recieves no additional compensation beyond her standard salary no matter what the hours are.

This specific theatre sometimes will book 6 or 7 days of the week requiring her to be available for all of those days.

I know that, for hourly employees, working through a meal break requires additional compensation.

My first question is: Does the law limit the number of hours a salaried/exempt worker can be asked to work per week. In a full week she is working from 90-105 hours. (I'm not too optimistic on the answer for this one from the research I have done, but it can't hurt to ask)

My second question is: Does she have any legal right to meal breaks or relief from another staff member during a 15+ hour day?

Thanks in advance for any light you might be able to shed on the situation.

-Jason

No, MA is not one of the two states that places a limit on how many hours an employee of any status may be required to work.

An employee in MA who works over 6 hours is entitled to a 30 minute break. I am not aware of any limitation that excludes exempt employees from this; however, it has always been my understanding as a MA employer and employee that an exempt employee may voluntarily waive this break if the employer permits.

Phil?

Does the law limit the number of hours a salaried/exempt worker can be asked to work per week.

So far as I know, only Maine limits the work hours of exempt employees and that law does not apply to Executive Exempt employees (supervisors and managers often can be exempt this way). Even in Maine, the limit is a mere 80 hours of overtime in any two consecutive work weeks.


Does she have any legal right to meal breaks or relief from another staff member during a 15+ hour day?

Maybe. The answer depends upon the state and the wording of its laws. Again, relying upon Maine's laws, employers must provide a 30 minute break for those working six or more hours, but this is not required IF there are fewer than three employees working and the employee has the opportunity to eat during the shift.

FWIW, darn few states have requirements for meal or other breaks. The Federal government has no requirement at all.

cbg - I have this info: Massachusetts law requires all employers to provide a 30-minute lunch period to all employees who work six hours or more. While any employee can voluntarily waive a lunch break, an employer cannot coerce the employee to waive his or her break.

That's pretty much the way I understood it, Betty - thanks for the confirmation! :)

Knowing something about theater I can't imagine she couldn't check in with whomever is renting the space and explain that she is taking a break and at most provide a cell number or let them know she will be in her office in the event something dire arises. Leaving the premises for an extended period might not be wise, but surely she isn't attendng to the needs of the renters non-stop the entire time she is there. Interuptions may happen if problems arise. There is no way to avoid that totally in virtually any job. That doesn't mean that she can't ever take a break. Heck, I'm sure even those using the space aren't working from 8 AM to 11 PM without breaks.

Checking in a bit late here, but I agree with CBG and Betty. I'm not aware of any limitation that excludes exempt employees from the break rule.