What are law on hours an employee can be forced to work per week and time off?

UPDATED: Feb 3, 2011

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What are law on hours an employee can be forced to work per week and time off?

Husband was told they will be working 7 days a week, 12 hour shifts for an undetermined amount of time. Would like to know by Fl labor laws if this is legal? What time off is required by the FL labor laws with this rigorous work schedule?

Asked on February 3, 2011 under Employment Labor Law, Florida


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

Answered 12 years ago | Contributor

You don't indicate whether or not your husband is an exempt or non-exempt employee.  If he is exempt (such as a manager, administrator, professional, etc), there is no upper limit on how many hours he can be required to work.  That is outside of a very few industries (e.g. airline pilots or truck drivers) where the hours are limited due to safety concerns.  If he is "non-exempt", while again there is no restriction on the number of hours that he can be scheduled to work, he must however be paid overtime for any hours worked past 40 in a week. 

Note:  At this point you should go to the your state's or the Department of Labor's website and check to see whether or not he is "exempt" or "non-exempt".

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