Is it legal to work 7 days or more without an off day?

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Is it legal to work 7 days or more without an off day?

My husband has worked 8 to 9 hours a day 7 to more days a week without an off day. He has been stressed due to working and also fatigue due to this extensive mandatory overtime and excessive working.

Asked on March 9, 2012 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, it is completely legal to work employees 7 days a week without any days off--the law does not, contrary to popular belief, require *any* days off for employees. If an employee is an hourly employee, he must be paid for all hours worked, including overtime for working more than 40 hours in a workweek; however, if he is a salaried exempt employee (exempt from overtime, that is), he is not owed any additional compensation, no matter how many hours he works.

The exception to the above is if the employee has a contract (or union agreement) setting or limiting hours. If so, the contractual limitation is enforceable.


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