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Working excessive hours Tennessee

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  • Working excessive hours Tennessee

    My husband is currently stuck working at a car dealership. He has to work 12-14 hour days most days. There are weeks when they don't give him a day off. He gets no OT and they make him stay late to finish up with customers-sometimes hours. He has to come in at the same time the next day no matter what. When he was hired, he was told he'd get 3 sundays off a month and one day during the week. On a good week, he "only" works 60 hours. There have been times where he has gotten over 70 hours in a week-they'll tell him the day before he's scheduled off that he has to be at work the next day. They also make the men stay late on days they're scheduled for "shorter" shifts without giving them any notice until the day before and sometimes the day of. Is this legal??

  • #2
    Maybe legal.
    - Auto Dealerships have their own little rule set in federal law. Depending on exactly what the job duties are (mostly sales people and mechanics), it is quite possible that there is no overtime requirement. HOWEVER there most certainly is a minimum wage requirement (average for each workweek). Meaning the employee works 60 hours, the employee must be paid at least 60 hours times $7.25/hr. People will sometimes claim that sales people working from a lot can be paid "commission only" (ignoring hours worked). Federal DOL is very clear that "people" who say this are wrong.
    - Generally speaking under federal law with few exceptions (such as airline pilots, long haul truck drivers and minor children employees), it is more or less legal for any employer to make almost any employee to work any hours the employer wants. Without notice. And schedules are legally nothing. (I understand that this is not what you want to hear). State law can be different, but likely is not. Your state is not my state, so maybe someone else knows differently.
    - The "I was promised 3 Sundays off each month", is maybe something, but probably not. Labor law does not care about this, so you are basically talking about a Contract law argument. Not impossible, but absent a written contract or video or such, legally not very likely. You can try talking to a local Contract law attorney, but I am not optimistic.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      In no state does the law limit the number of hours that an employee can be worked per day. Only two states limit the number of hours that an employee can be required to work per week/pay period; Tennessee is not one of the two.

      This is not inclusive of the exceptions DAW noted; however they mostly if not entirely relate to jobs where there is a public safety factor.
      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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