What to do if my employer scheduled me to work 11 days straight?
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What to do if my employer scheduled me to work 11 days straight?
My last day off was Monday 12/07 and my next day off is 12/18. Can she do that?
Asked on December 13, 2015 under Employment Labor Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, your employer can schedule for these days/hours. There is unfortunately no upper limit on how many days/hours a company can require an employee to work, outside of a very few industries (airline pilots; truck drivers; doctors in a few states) where the hours are limited owing to safety concerns. So unless your schedule violates company policy, a union agreement or employment contract, your schedule is perfecty permissable under the law. Additionally, if your treatment is the result of actionable discrimination/retaliation, then you would have a claim.
Note: If you are a non-exempt employee (i.e. eligible for OT pay), then to the extent that you work over 40 hours in a week, you are entitled to additional compensation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, your employer may do this: the law puts NO limits on how many days you can be made to work in a row without a day off--you can litterally be scheduled to work 365 days per year. (Unless, that is, you have a written employment or union contract specifying days off.) The only requirement is that if you are hourly, you must be paid for all hours worked and for overtime when you work more than 40 hours in a week.
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