Is it legal to work 7 days or more without an off day?

UPDATED: Mar 9, 2012

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Is it legal to work 7 days or more without an off day?

My husband has worked 8 to 9 hours a day 7 to more days a week without an off day. He has been stressed due to working and also fatigue due to this extensive mandatory overtime and excessive working.

Asked on March 9, 2012 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it is completely legal to work employees 7 days a week without any days off--the law does not, contrary to popular belief, require *any* days off for employees. If an employee is an hourly employee, he must be paid for all hours worked, including overtime for working more than 40 hours in a workweek; however, if he is a salaried exempt employee (exempt from overtime, that is), he is not owed any additional compensation, no matter how many hours he works.

The exception to the above is if the employee has a contract (or union agreement) setting or limiting hours. If so, the contractual limitation is enforceable.

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 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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