What is the law regarding how many hours in a row that a private contractor can be required to drive?
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What is the law regarding how many hours in a row that a private contractor can be required to drive?
My boyfriend is a private contractor working through a medical transport company called ACC Medlink. They require him to drive for endless amounts of hours. Is there a law that states anywhere that they cannot make him drive that long, especially with a patient and working nurse in the van? Most times he does not even have a co-driver resulting in him driving all day and all night from state
to state. We just want to know if this is legal?
Asked on August 30, 2016 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no maximum number of hours that an employee can be scheduled to work in a row. The fact is that there is no upper limit on how many days/hours a business can require someone to work, outside of a very few industries where hours are limited owing to safety concerns (airline pilots; truck drivers; firemen, doctors/nurses, etc.). Consequently, unless your schedule violates an union agreement/employment contract or is the result of some form of actionable discrimination/retaliation, it is perfectly permissable. If your boyfriend's schedule is not good for him, he can complain but risk termination or quit. I'm afraid that's it.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, this is legal: there is no law regulating how many hours a medical transport driver can driver in a row or total in a day or week, and no law requiring rest breaks or co-drivers. They can require him to driver 24/7/365 if they want.
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