If you work 21 days in a row does the company legally have to pay double time?

If you work in a factory setting for 21+ days in a row, is there a law that says the company has to pay the employees double time?

Asked on September 18, 2011 under Employment Labor Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

No, it does not. The focus on this area of employment law typically centers around not how many days in a row you work but, rather, how many hours a week you work. The reason - after a certain number of hours your employer may be required to pay you overtime pay if you are a non-exempt emoloyee; anytime over 40 hours per week is to be paid at time and a half. It is true that certain professions or jobs in certain types of fields may be limited by federal/state law for other reasons. For example an airline pilot or a nurse (for obvious reason). 

The above assumes that you are an "at will" employee and are not covered by a union agreement/employment contract, there is no company policy providing otherwise, or your work schedule is not a result of some form of discrimination.

Bottom line - as a general rule an employer has a great deal of discretion in setting the conditions of the workplace. And unfortunately for you this includes how many days in a row it wants to schedule an employee to work.


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