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Thread: How many weeks can a factory work you 7 days a week with no days off South Carolina

  1. #1
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    Default How many weeks can a factory work you 7 days a week with no days off South Carolina

    I'm actually here on behalf of my brother, he is working through a temp company right now and has been with them for 3 months. He is working with the temp service as a trial run after which he could get hired on permanently. He has been working 7 days a week for 95 % of his time he has has 5 days off well not days off he had a child born and it has been sick. My question is how many days can a company legally work you 7 days a week without a day off. Thought I would mention that he does get paid time and a half for everything over 40 and double time on sunday.

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    Someone else can correct me if South Carolina is different, but as far as I know, you can be "forced" to work 24/7/365, as long as you are paid according to the law.

    It sounds like he's getting his overtime, so that's being done legally. It's not a very wise business decision if it goes on for a long time, but it's not illegal to overwork people.

    Hopefully it will just be a temporary situation. Sometimes managers have to have people work lots of OT for a time, to justify to the powers that be that another person needs to be hired.

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    If we were talking federal law only, then no limits. Working 24/7/365 may be physically impossible but is not inherently illegal for most employees/employers under federal law.

    Your state may have more pro-employee rules. Or not. This is not an area where most states are not much help on. CA, which supposedly is very pro-employee allows the employer to work most employees 24 of every 28 days. This sort of thing can be very state specific. Sometimes very occupation specific.

    I can remember one year where I worked every single calendar day but one in a three month period, and that one day was my Mom's funeral. And my employer was unhappy that I missed that day.
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    Seeing as SC doesn't even have required rest breaks or meals periods, I doubt very seriously that there is a limit on how many days in a row can be worked for general occupations. At least, I couldn't find anything on their website that said so.
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    Per my loose leaf binder info SC - It is unlawful to employ children on Sunday in mercantile or manufacturing establishments, or to require other employees to work
    on Sunday if they are conscientiously opposed to such labor; see code 53-1-120.
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    Which is why I hate guessing about such things. States can really surprise you at times. Even "just like fed" states often turn out to not always be "just like fed".

    Way to go Betty!
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    I went to the internet just now for more info on the code - my info was in a
    loose leaf binder - here is complete info re Sunday work. My binder info didn't
    give all there is to the law.

    http://www.scstatehouse.gov/code/t53c001.htm
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    I read that, Betty3, and though I understand what it's saying, and that employers cannot discipline or terminate employees for refusing to work on Sundays, let me offer another take on the situation.

    Unemployment nationwide is still nearly 10%. Refusing to work on Sundays could brand your DH as not a team player. Plus, that's a LOT of overtime pay and turning down Sundays could be a decent amount of change.

    Not saying there shouldn't be a balance, there should. But business is obviously picking up (or still really good) for this company and if it were me, I'd take all the overtime I could get because, at some point, it's going to go away.

    Just sayin'.
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    I was just pointing out the code but certainly agree you have good points, Patty.
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    Also, I'm reading the law as being similar to one we have here in MA - where an employee cannot be forced to work Sundays if they are opposed to it for religious reasons. I grant that religion is not specifically noted but that sure sounds like the intent to me. And I don't get the sense that the poster's brother is looking to be given Sundays off to go to church; he is looking to have a day off once a week.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    As I noted previously, I was just posting the law in SC that it seems you can't be forced
    to work 24/7/365. (Just posting the SC law for ref.)
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    ....as long as you're a minor in certain industries, or have a conscientious objection to Sunday work. If you aren't and don't, it seems perhaps you can.

    Understand you're just posting the statute and not making a case for the poster, but on the basis of what you've posted I'm not convinced we've found an out for her brother yet. Not that I think his/her position is unreasonable, just that I'm not seeing (yet) how that statute helps him any.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    It's just that in a couple of posts it mentions working 24/7/365 & I was just pointing
    out the law re that might not always be true in SC. The law needs to be read for
    complete details - that's why I posted the link.
    Last edited by Betty3; 11-19-2010 at 10:36 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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