If my employer has been scheduling me to work 12 plus hour days with only a total of 4 days off over the past 6 months, is it illegal to make we work like this?

I work as a direct care staff/supervisor paid hourly. My job is one that I am on my feet most of the time and a lot of lifting of clients. I needed to seek medical attention due to straining my arm, as well as developing a fallen arch in my foot. I went to the doctor and was told that I need to be on restrictions of at maximum only on my feet for an hour and needing to sit for at least 10 minutes. My supervisor told me that I had to work the shift tonight and could sit down if need be.

Asked on November 11, 2015 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not illegal to make you work 12 hour-plus days and to work around 176 out of 180 days. Employers have complete discretion over employee shifts and hours and can require employees to work 24/7/365 if they chose--subject only to having to pay hourly employees for all hours worked, and non-exempt (which means not exempt from overtime) employees overtime (time-and-a-half) for all hours past 40. (Note: some salaried employees are non-exempt; all hourly employees are non-exempt.) So unfortunately, yes; it is legal to make  you work like this.


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