Can I be made to work 7 days a week?

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Can I be made to work 7 days a week?

If I applied for a job and on the application it asks if I can work Sunday’s and I say no, can I be made to work Sunday’s? I have worked here for 19 years and this has not been an issue, but now we are told mandatory Sat/Sun for the next 6-8 weeks.

Asked on April 20, 2011 under Employment Labor Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

Are you an exempt or non-exempt employee?  If you are exempt employee, there is no limit on how many hours you can be asked to work (with certain exceptions - pilots, for example).  However, be aware that just because you are salaried doesn't mean that you are necessarily "exempt" from certain labor laws.  Being paid on a salary basis is part of the test for most forms of exemption, but it's not the only part.  It is possible to be salaried and still get overtime.  Basically, exempt employees are: Management (i.e. you supervise other people and have have considerable discretion in your work); Professionals (your job requires advanced or technical training - engineers, accountants, lawyers, etc); Administrators (if you they exercise considerable discretion in your position). If not, then you are a non-exempt employee and work time is paid time.  Additionally, for any hours that you work over 40 per week, it has to be paid as overtime. 

Note:   This all assumes that there is no union/employment contract or company policy to the contrary.  And that you are not being discriminated against in some way.

At this point you should go to the Department of Labor's website and check to see whether or not you are an "exempt" or "non-exempt" employee.


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