can your employer ask you to work for 30days with no days off?

Question

I know of someone who works at a place where at times the employees are asked to work for weeks at a time without a day off. Is this legal to have people work 3 weeks everyday without a day off to rest?

Answer 1

I'm amazed at how some of the people who answered do not understand labor and employment law. I'm also assuming that you are talking about a job here in the U.S., so I'll base my info on what I know after taking a Labor and Employment Law class at college.

This worker needs to look at the following to see whether they are required to work. Here are the questions that will help to figure this out.

1) Is the worker under 18 and covered by Child Labor Laws?
2) Is the worker salaried, paid by the mile or by the piece
or
Are is this person paid by the hour?

3) Does this employee have an actual contract, such as a unionized worker?
or
4) Is this employee outside of the U.S. or lives in a state which has stipulations (most states don't).
5) Does the employee have a handbook which states whether overtime is mandatory or not?

In a nutshell, the worker can be required to work 365 days a year without a day off, especially if they are salaried or there is no employment contract (such as a unionized worker).

For more information, do a search for the "Fair Labor Standards Act." via the U.S. Department of Labor.

UPDATE: The worker cannot claim religious discrimination just because they are working without a day off. They would have to prove discrimination based on their religious beliefs and then, a company is not legally required to give a day off for religious practices, based upon the Supreme Court case of Trans World Airlines V Hardison 432 U.S. 63(1977). (pages 119-121 of Employment and Labor Law (5e) 2006 Authors Cihon and Castegnera.

Answer 2

If that includes weekends then there must be some sort of legal complications, I'm sure of it.

But if that doesn't include weekends then that's a tough one, I guess it depends on the career that an employee has in that business. I know some people who work in holiday stores come late December and their bosses go crazy on them but I don't think they've ever been asked to work for weeks straight without a day off.

The activity of asking for no days off seems really suspicious. There may be some state-differential laws so contact your states' officies that deal with employment to see if what's going on is right or not.

Answer 3

It relies upon on your scope of work, any employment agreements between you adn the business business enterprise, and the guidelines that are particular to the country/province/state you paintings in. That suggested, if you're a non-exempt, hourly worker and your on-line business business enterprise in truth closes for 2 days, you're in all likelihood no longer legally entitiled to pay, except you're requested to do business from living house or a distant area. the business business enterprise would go with to pay you even even with the actuality that you probably did not paintings, yet that would not be a familiar difficulty. an identical may be authentic when you're an exempt, salaried worker, notwithstanding because of your pastime description, it truly is likely that you could proceed to paintings from a distant area and hence a case may be made now to not deduct your wages.

Answer 4

That seems a little much. Depending on the type of work you do or what is going on at work there could be times when somebody would work that much. I have worked 25 days straight before when I had a large project to get out at work.

Answer 5

You know, I believe it's ultimately up to the employee if they want to work that often. Unless the boss is threatening their job if they decide against working that often, I see no harm.

Answer 6

If they do not demand 1 day off, it is their own fault. It is completely legal but if they are fired, they can file a greivance because of religious discrimination.

Answer 7

In my state it is required for the company to pay double time for the 7th day in a row. So, I would say, yes..they can

Answer 8

As long as they get paid overtime pay for every hour over 40

Answer 9

Yes, if they are obeying the law for your state as far as meal breaks each day, and overtime compensation.

Answer 10

My mom does it. IMO, people need two days off a week.