If I work as an exempt employee and was forced/threatened to work 28 consecutive hours, can I file a lawsuit?
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If I work as an exempt employee and was forced/threatened to work 28 consecutive hours, can I file a lawsuit?
Asked on December 17, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you cannot, unless by "threatened" you mean with physical violence.
An employer may make an employee work any number of hours in a row, and may terminate (or threaten to terminate) an employee who does not--or take any step short of termination, such as demotion, reducing wages or salary, suspending, etc. It is legal to make you work 28 consecutive hours.
If the employee is non-exempt, he or she must be paid for all hours worked. An exempt employee can be made to work the additional hours with no additional compensation.
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