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How many days in a row? (Massachusetts)

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  • How many days in a row? (Massachusetts)

    My wife works as a manager at a retail store. She has an employee telling her that it is against the law to schedule her for 9 days in a row. I am telling her that this is not so in Massachusetts, but she needs some substantiation for her response, not "because my husband says so, that's why!"
    I don't know that there are any MA laws that limit the days in a row.

  • #2
    I'm sure it's the only time in history, but in this case, the husband is wrong. MA does indeed have a day of rest requirement that requires rest for one in every seven days (c.149, sec.48), with some limited exceptions.

    Other things to consider: MA also has Blue Laws that apply to retail establishments; and MA also has a meal/rest period requirement for 30 mins every 6 hours. There are many more rules regarding overtime and hours. Your wife should probably speak with her counsel and make sure that she's operating her store correctly.

    Good luck, Phil
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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    • #3
      Thanks ...

      Thanks Phil for your feedback. Not afraid to admit I am wrong either. A while after I posted the question, I found something on the 7-day rule and printed it out and gave it to her. Made her day! <LOL> One of her biggest problems is juggling the schedule where she tries to give people two days off in a row. But the 9-day-in-a-row question arose recently, and she works that way too! Time for the classifieds!
      Thanks again .... Trekman

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      • #4
        Someone tried to nail me on this one once for scheduling them for 9 consecutive days. Fortunately, this only applies to manufacturing, mechanical, or retail businesses; not lodging. She quit and then tried to collect unemployment based on her belief that I was breaking the law and forcing her to work in an unsafe environment.

        I won.

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        • #5
          Nine days of work

          Nine days in a row happens all the time when you have a rotating schedule. Some hourly managers in my company work from Wednesday in one week right through to Thursday in the next week. There's no overtime because a new pay week starts on the Sunday in the middle. But no one complains because from reading this forum it's obvious that employees have very few rights that would gain them anything.

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          • #6
            The rest day statute merely says the employer can't force the employees to work six days in a row without a day off. It is fair to interpret that to mean that you can be required to work 12 days in a row with 2 days off. The justification would be that the day off relating to the first period was at the beginning and the day off for the second period was at the end.

            As for the "employee friendliness" of MA, I'd venture to say this is one of the better states. We're not quite CA, but the laws here are quite protective, and, more importantly, the Attorney General is active.
            This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

            This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

            Comment

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