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Exempt Working hours Massachusetts

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  • Exempt Working hours Massachusetts

    Is theres any law in mass or federal that limits how many hours an exempt employee can work.

    I'll give and example my wife work in retail she was told she is expect to work 5 days at 10hrs (50 hrs weekly) and during holidays season (after halloween til end of year) 6 day 9 hours ( 54 hrs weekly) now they where told they must work 6x 10hrs days (60hrs) which in closing night she comes home around 12:00 (11:30 leaving business) and as to be at work for 7:00 which means 5.5hrs sleep.

    Just curious if anyone knew if this outside of the law or really a business can request someone (exempt) to work 24x7.

    Thanks for the help and happy holidays.

  • #2
    She can be required to work the # of hrs. her employer requests her to & since she is exempt, w/o any add'l. pay over her regular weekly salary.
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    • #3
      Agreed, although the Exempt status is based on all hours worked, and depending on the nature of the additional work, there is a possibility that the Exempt status could be lost if the additional work sufficently changes the mix between Exempt and Non-Exempt work. This is less likely then it use to be since the 2004 FairPay changes.
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      • #4
        There are only two states which limit the number of hours an employee can be required to work in a week/pay period and Massachusetts is neither of them.
        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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