02-01-2006, 08:49 PM
I currently drive in Houston doing mobil radiography. My reg. hrs are 8am to 5pm Monday to Friday. However I am required to take call one weekend per mo. IE Friday 5pm to Monday morning 7am before my day shift starts. My question is this on Friday Nights I am working anywhere from 14 hrs to 20hrs in a row then doing the same Sat and Sun nights is this legal? And is there a max # to be worked for nondriving positions?
02-02-2006, 06:35 AM
It is not illegal and there is no limit to the number of hours in a row or in a day (in your type of job) that you may be required to work. Unless there is a "one day's rest in seven" law in Texas, but I couldn't find one. I'm not saying it's smart or not possibly dangerous though.
02-02-2006, 11:32 AM
There is a one day off per week law in Texas, but it's limited to the retail industry. It's a throwback to the days when Texas finally eliminated the blue laws, that had previously required retail establishments to close on Sunday. Then, retail stores had to close one day per week, and when those laws were eliminated, a compromise was reached to guarantee some employees a day off.
The requirement is in the Texas Labor Code, (Sec. 52.001):
(a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
(b) The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.
(c) The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
(d) This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.
Another factor in this is that Section 52 is not assigned to any agency for enforcement, so a private suit is necessary to pursue a remedy.
This is not germane to the question asked, but it is there, if anyone is interested.