Can an employer make a hourly employee work 40 hours plus schedule 10 hours of overtime each week?

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Can an employer make a hourly employee work 40 hours plus schedule 10 hours of overtime each week?

I work for a retail chain as LP and security manager. This position used to be salaried but was changed to an hourly position. The schedule is a 10 hours a day, with 1a mandatory 1 hour of unpaid lunch, making for 11 hour days. They routinely have employees work 13-14 days without a day off. Included in this schedule is a mandatory overnight shift per month.

Asked on September 15, 2018 under Employment Labor Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

Unless such scheduling violates the terms of an employment contract or union agreement, it is legal. The fact is that with the exception of certain professions/occupations (i.e. some medical personnel, pilots, truck drivers, etc.), there is no limit as to the amount of hours/days in a row that an employee can be scheduled to work for. The fact is that a company can set the conditons of employment much as it sees fit (absent some form of legally actionable dscrimination). If this is unacceptable to you, you can complain but risk ternination or you can quit.

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

Answered 3 years ago | Contributor

Unless such scheduling violates the terms of an employment contract or union agreement, it is legal. The fact is that with the exception of certain professions/occupations (i.e. some medical personnel, pilots, truck drivers, etc.), there is no limit as to the amount of hours/days in a row that an employee can be scheduled to work for. The fact is that a company can set the conditons of employment much as it sees fit (absent some form of legally actionable dscrimination). If this is unacceptable to you, you can complain but risk ternination or you can quit.


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