Can an exempt employee be required to work 6 days a week?

If an employer has a new project being implemented and it requires more hours of work by exempt employees, is it allowed?

Asked on October 17, 2011 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

With the exception of certain professions (airline pilots, some medical personnel, etc), there is no limit under the law as to how many days in a row that an employee can be scheduled to work. This is so whether they are full or part-time.

However if you are a non-exempt employee then you are subject to overtime for any hours that you may work over 40. Such overtime  is to be paid at 1 1/2 your hourly rate (i.e. "time and a half"). It's the law.

So you need to be sure that you are in fact "exempt".  You can check with your state's department of labor to confirm. If you are exempt, then not only can you be scheduled to work 6 days in a row you also are ineligible for any overtime pay.


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