As a salaried assistant manager is it legal to work more than 7 days a week straight and also to have a schedule with no end time?

UPDATED: Sep 30, 2022

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As a salaried assistant manager is it legal to work more than 7 days a week straight and also to have a schedule with no end time?

I work for JCPenney and I have been working there for 2 years. We have a new district manager for the past 8months and she told us as salaried managers their are no more days off. This was going on three weeks before Christmas. Now with the schedule after holiday the salaried managers are scheduled 6 days a week and we don’t have a scheduled end time. Is this legal because we are salary that a company can just do this?

Asked on December 25, 2016 under Employment Labor Law, New York


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

Answered 5 years ago | Contributor

A few occupations (airline pilots, truck drivers, some doctors and the like), have restrictions on work schedules due to safety concerns. Absent that, there is no upper limit on how many hours an employer can require its employees to work. Accordingly, since you do not work in 1 of the above listed occupations, you can be scheduled to work as many hours and/or as many days in a row as your company sees fit. This is because most employments is "at will". This means that unless your treatment is due to some form of legally actionable discrimination (which it does not appear to be) or this action is prohibited by the terms of an employment contract or union agreement, it is legal.

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 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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