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You are an HR manager at a retail store, where employees typically work six days per week (Monday through Saturday). Store management wants workers to come in on Sunday also, to do inventory. Can you require employees to work seven days per week, or must you provide a weekly day of rest?
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Answer: |
The answer largely depends on the state where the store conducts business. Some states limit the number of consecutive days employees may be allowed to work. Other laws and regulations, both state and federal, limit the number of hours specific types of employees may work without rest. The Fair Labor Standards Act (FLSA) requires an overtime premium for extra hours worked by nonexempt employees, but it does not limit the amount of work that may be required or accepted.
About a third of the states prescribe a weekly day of rest for many employees. Some of the larger states are among them: California, Illinois, New York and Virginia. A few of the laws relate only to retail workers. Some allow employees to work a seventh day if they wish; others do not, except in emergencies.
For example, California provides that most employees must have one day of rest per seven days, unless a union contract provides otherwise. However, employees may accumulate rest days within a month when the nature of the job requires a seventh work day. Similarly, many New York employers must allow 24 consecutive hours of rest and must designate the period before operating on Sunday. The Commissioner of Labor may provide for variations.
Federal laws and regulations prescribe rest periods and days off for certain transportation-related industries: trucking, airline, railroad and merchant marine. Many states have similar standards for in-state transportation, public-safety work and dangerous jobs, such as mining or mill work. In addition, several states recently have placed limits on mandatory overtime for nurses.
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Source: |
CCH® Wage and Hour Compliance Guide |
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