If you are a salaried employee – can you be legally asked to work 12 days straight without a day off? I wasn’t even asked – just told.

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If you are a salaried employee – can you be legally asked to work 12 days straight without a day off? I wasn’t even asked – just told.

I am a salaried employee and found out that I have been scheduled to work a weekend – bringing my total amount of days working without a day – 12. Is this legal? Since I’m salaried, I wouldn’t be paid, so what can I legally get for compensation? Additional days off?

Asked on October 13, 2016 under Employment Labor Law, District of Columbia

Answers:

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

Answered 4 years ago | Contributor

Absent some form of actionable discrimination or a union agreement/employment contract to the contrary, the general rule is that there is no limit as to how many days in a row that an employee can be asked to work (other than pilots, truck driver's, certain medical professionals, etc.). And unless you are considered to be a "non-exempt" worker, you are no eligible for overtime pay or any other compensation/benefits for working all these days/hours. The fact is that in an "at will" employment relationship, a company can set the conditions of work as it sees fit. Accordingly, your only options are to accept your schedule, complain but risk termination, or quit. 


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