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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.