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Maximum Hours Worked Pennsylvania

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  • Maximum Hours Worked Pennsylvania

    I am a salaried, exempt computer worker. From everything I've read in these threads, it sounds like my employer has the right to request as many hours straight and as many days straight in a row without overtime or breaks. I just wanted to clarify that these situations were legal and that due to my status was not entitled to overtime.

    1: Due to the shortage of people in our company that have my expertise, there are times I have been asked to work 36 or more consecutive hours.
    2: We have a rotation for being on call. Even when I am not on call, I am called because I am the only person that can answer the question.
    3: We were required to take a week off with pay a couple times last year. On the next week back, I had to work almost 80 hours to catch up to the work that was missed the prior week.

    Thanks in advance for your answers.

  • #2
    "Exempt" and "salaried" are federal law concepts. Particuarly those of a federal law called FLSA. Federal law generally is not very concerned about overworking employees. FLSA law does have some protection for certain minor children employees. Non-FLSA federal law does have some protection for airline pilots and long haul truckers, although it is not actually the employee who is getting the protection, but rather the public. Federal law is perfectly fine with your employer requiring you to work 24/7/365. This may be physically impossible but it is not actually against federal law. "Exempt" and "salaried" have nothing what-so-ever with the number of hours one is allowed to work under federal law.

    State law can be different from federal law and states in theory can be nicer to employees then federal law. Your state is not my state, so I will let someone else address PA law.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      What laws Pa. has established re max. hrs. of work in particular occupations are for:

      divers, tunnel & caisson workers; seasonal farm workers; & coal mine hoisting engineers
      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

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        In several Psychological case studies a person would be fine for around 52 hours (excluding basic signs of tiredness)... then reaction time starts dropping rapidly and cognitive ability also drops off. At about 72 hours there would be slow drop in a persons mental state participants would become increasingly aggressive and the metabolic rate drops. I really can't remember what happens after 96 hours. So I would say as long as it not more then 52 hours then you should be ok

        And being on call, you need to look at your freedom to pursue your own interests while "on call." If being "on call" intrupts this then you get paid , if it is not intrupting this then you do not get paid, but if your exampt then it really dont matter

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        • #5
          An exempt employee does not have any expectation of being paid extra regardless of how restricted their time on call is.
          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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