malizalyn5
09-05-2005, 09:04 AM
I'm looking for any laws pertaining to a salary employing being forced to work 12 days straight for a min. of 6 hours a day on the weekends including Labor Day weekend saturday through monday. While working a full 8 1/2 hours each regular work day that includes normally monday thru friday with the exception of the holiday monday. Is there anything against being forced to work the 12 days straight with no day off in any of that? I know there are laws against it pertaining to hourly. Does this apply to salary as well? If I don't work for any amount of time any of these 12 days then I was told as well as everyone else we will be written up and fired from the write up. Can they actually make all of work these days with no break in between them? Any help with this will be greatly appreciated. Not only from myself but the other employee's here. Thank you for taking the time to read this.
You are mistaken; there are no laws making it illegal to require an hourly employee to work 12 days in a row either.
Even in states which require one day off in every seven (and Arkansas is not one of them) 12 days in a row is legal.
Ex. First week Employee is off Sunday and works Monday, Tuesday, Wednesday, Thursday, Friday, Saturday
Second week employee works Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and has Saturday off.
The employee has had one day off in every seven but worked 12 days in a row.
But as I said, Arkansas is not one of those states. In Arkansas, there is no limit to the number of days that either an exempt or a non-exempt employee can be required to work, and there is no limit to the number of hours in a day they can be required to work. In fact, in Arkansas and many other states it would be legal (stupid, but legal) for an employer to require you to work 24 hours a day, 7 days a week, 365 days a year, regardless of the exempt status or pay method. The only requirement is that an non-exempt employee be paid overtime for all hours over 40 in a week that they work.
There is no requirement that you either be given the holiday off, or that you receive premium pay for working on the holiday. Both exempt and non-exempt employees can be fired for refusing to work the days and hours required.
The ONLY exception to the above would be if you had a valid and enforceable contract that said otherwise.
So it would appear that your employer is acting entirely within the law.
malizalyn5
09-06-2005, 06:03 AM
So I can seriously be worked these 12 days straight with NO day off what so ever? Thank you so much for taking the time to answer my question for me. I do truly greatly appreciate it. You've given me enough information that I'm now in the process of switching company's and states. This is an amazing place to come to for the information you need. Keep up the incredible work!
Pattymd
09-06-2005, 06:38 AM
So seriously, yes.
And, BTW, there are very few states that require a "day of rest" by law.
If you're going to go looking for a state to work in based on this, you're gonna have a long move. :rolleyes:
There are NO states which make it illegal for an employee to work 12 days in a row with the possible exception of CA, and I only make that qualification because CA laws are very complicated and I'd have to check the ins and outs of it before making a definite statement. I have no reason to believe that it's illegal there, either.
In some states 12 is the maximum number of days that can be worked, but with that one possible qualification 12 is legal everywhere.