Is it legal to schedule me to work 10 consecutive 8 hour work days without a day off?

UPDATED: Feb 12, 2016

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Is it legal to schedule me to work 10 consecutive 8 hour work days without a day off?

Is this legal?

Asked on February 12, 2016 under Employment Labor Law, California


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

Answered 6 years ago | Contributor

With the exception of certain professions (airline pilots, some medical personnel, etc.), there is no legal limit to how many days in a row an employee can be scheduled to work. The fact is that unless such scheduling violates company policy or the terms of a union agreement or employment contract, it is legal. Additionlly, the employee's treatment must not constitute some form of actionable discrimination. However if they are a non-exempt employee (i.e. typically hourly), then they are to be paid for any hours worked over 40 at 1 1/2 their hourly rate (i.e. overtime).

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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