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.

UPDATED: Sep 30, 2022

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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


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

Answered 6 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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