As a salaried assistant manager is it legal to work more than 7 days a week straight and also to have a schedule with no end time?

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As a salaried assistant manager is it legal to work more than 7 days a week straight and also to have a schedule with no end time?

I work for JCPenney and I have been working there for 2 years. We have a new district manager for the past 8months and she told us as salaried managers their are no more days off. This was going on three weeks before Christmas. Now with the schedule after holiday the salaried managers are scheduled 6 days a week and we don’t have a scheduled end time. Is this legal because we are salary that a company can just do this?

Asked on December 25, 2016 under Employment Labor Law, New York

Answers:

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

Answered 4 years ago | Contributor

A few occupations (airline pilots, truck drivers, some doctors and the like), have restrictions on work schedules due to safety concerns. Absent that, there is no upper limit on how many hours an employer can require its employees to work. Accordingly, since you do not work in 1 of the above listed occupations, you can be scheduled to work as many hours and/or as many days in a row as your company sees fit. This is because most employments is "at will". This means that unless your treatment is due to some form of legally actionable discrimination (which it does not appear to be) or this action is prohibited by the terms of an employment contract or union agreement, it is legal.


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