Consecutive work days

Discussion in 'Employment, Labor, Work Issues' started by renderedspirit, Sep 9, 2002.

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  1. renderedspirit

    renderedspirit Law Topic Starter New Member

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    I was curious as to how many day in a row a manager can schedule an employee? I've been in a situation where I have worked 11 days in a row without a day off. These days consist of 9 and 10 hour shifts that I may not be able to take a break. Is it different for management? Do we have to work stretches like this without a day off? Is there a law somewhere that protects against this type of scheduling? What can I do to prevent this from happening again?
     
  2. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    My understanding is that work is "at will" and you have the freedom to leave a job if you don't like the hours. With regard to work conditions, that is a different story as to regulation, e.g. health related. What more can you tell us about your position that you are dissatisfied with that you think might be an area which you should be afforded protection?

     
  3. cbg

    cbg Super Moderator

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    State law determines whether or not there is any statute limiting the number of consecutive days an employee can be required to work. In some (but not all or even most) states there is a requirement that an employee must have one day out of every seven off.

    But that does not mean that an employee cannot be required to work any more than six days in a row. Rather, suppose in week one an employee was off Sunday and worked Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. In week two, the employee worked Sunday, Monday, Tuesday, Wednesday, Thursday and Friday. As long as the employee then had Saturday off, s/he would have worked twelve days in a row but the employer would still be in compliance with the law.
     
  4. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    This is a good point, thank you cbg, and it also may be affected by the kind of work you do. Note that there is also a different between require and request. If you're in the legal profession in NY, reporting to the office on numerous consecutive days is a given!

     
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