Can employer make a employee work over 16 hours in a correctional facility as a nurse in the state of West Virginia

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Can employer make a employee work over 16 hours in a correctional facility as a nurse in the state of West Virginia

My relief did not show up and I called my boss to advise her that I would be working over 16 hours in a day and she told me to deal with it. Who would I contact if they can not make me do this?

Asked on April 21, 2016 under Employment Labor Law, West Virginia

Answers:

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

Answered 5 years ago | Contributor

While there are certain employees whose scheduled work hours are legally restricted (i.e. airline pilots, truck drivers and certain medical professionals), unfortunately there is no upper limit as to how many hours a nurse can be scheduled to work in a row. The exceptions being if their treatment constitutes some form of legally actionable discrimination or violates company policy, a union agreement or employment contract. That having been said, if your wife is paid hourly, she is propbably a non-exempt employee which means that she must be paid overtime for all hours worked over 40 in a week.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you have a written employment contract setting or limiting your hours, your employer has the right to make your work any number of hours in a row or in a day, and if your refuse, you could be fired "for cause" (no unemployment). You do have to be paid for all hours worked if you are an hourly employee, including overtime as applicable applicable.
If you do have a contract setting your hours, it is enforceable against your employer, including in a court, if necessary.
 
 
 


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