Can an employer schedule an employee to work 14 to 28 days without a day off?
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Can an employer schedule an employee to work 14 to 28 days without a day off?
I work midnights and for the last few months we’ve had people working 90 days without off day and others, like myself, have been scheduled 14 to 27 day shifts with only 1 to 2 off days a month. We are a non-profit facility that provides care to clients. I want to know what the law states before I pursue this further. We are getting paid overtime for the hours but it doesn’t seem right. My main goal is to clear the air and maybe pressure my employer to hire more workers or expand the net by using more employment recruitment agencies.
Asked on June 24, 2017 under Employment Labor Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless your occupation is specifically exempted (i.e. airine pilot, trucker, certain mdeical personal, etc.) in most states there is no limit on how many days and/or hours in a row that an employee can be made to work. In other words, you can be scheduled for however many days/hours in a row as your company mandates. The fact is that in an "at will" work relationship an employer can set the conditions of the workplace much as it sees fit. Therefore, unless this action violates company policy or the terms of a union agreement or employment contract, it is legal. Also, it must not constitute some form of actionable discrimination.
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