Can exempt employees be expected to work without time off to eat and sleep?

UPDATED: Aug 6, 2012

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Can exempt employees be expected to work without time off to eat and sleep?

My husband’s job recently changed to 247/365 support. And that means no days off, even after swing shifts of 12 plus hours 7 days in a row, then being expected to switch right on to a different switch without a night’s sleep.

Asked on August 6, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, unfortunately any employee can be made to work 24/7/365, unless he has a contract (including union agreement) to the contrary. If he is hourly, he'd have to be paid for time working, including overtime as applicable; but if he is exempt from overtime (which means also that he is salaried), the company does not have to pay him any additional compensation.

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