If I am an exempt salaried employee working amanagerial position, can I be made to work 12 hour shifts 5 days per week?

UPDATED: Nov 7, 2011

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If I am an exempt salaried employee working amanagerial position, can I be made to work 12 hour shifts 5 days per week?

I work for a hotel. Can the executive team force me to work 60 hours per week without extra compensation?

Asked on November 7, 2011 under Employment Labor Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule, there is no upper limit on how many hours a company can require an exempt employee to work. However, the issue is not actually whether an employee is salaried but whether they are an actually exempt employee.  In other words, just because an employee is salaried doesn't mean that they are automatically exempt from certain labor laws.

While being paid on a salary basis is part of the test for most forms of exemption, it's not the only requirement. Actually, it is possible to be salaried and to get overtime if in all other respects you are non-exempt (i.e. must be paid overtime for hours worked past 40 in a week). 

On the other hand, if someone is an exempt employee, then unless they have an employment contract, etc. that states otherwise, their employer may make them work unlimited hours and without overtime. Exempt employees are usually those is administrative or management positions.

 At this point perhaps you should contact your state's department of labor for further information regarding your status.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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