Is there a number of hours that an employer can make you work a day if on salary

UPDATED: Oct 2, 2022

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Is there a number of hours that an employer can make you work a day if on salary

Our place of employment says we need to be here 7 days a week. they expect us to open up at 9 am and work until the next morning between 2-3am and back again the next day same schedules. This seems a little bit crazy if you ask me. Do they have the right to hold our jobs at stake and make us work like that

Asked on September 1, 2019 under Employment Labor Law, Michigan


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

Answered 3 years ago | Contributor

With the exception of certain professions/occupations (e.g. some medical personnel, airline pilots, truck drivers, etc.), there is no limit as to how many hours/days in a row that an employee can be scheduled to work. That is unless you have a set schedule as per the terms of an employment contract or union agreement. Further, your salary covers all hours that you are required to work. That is so long as you are actully an "exempt" employee (i.e. you are exempted from overtime pay laws). However, some salaried employees are really "non-exempt", which means that should be paid overtime. The test for exempt versus non-exempt status isn't just about how they get paid, it's also about how much they get paid and what they do. If they get paid over $455 per week, perform management and/or administrative duties or are a professional (i.e. doctor, lawyer, engineer, etc.) then they are exempt, otherwise they are not and so are entitled to OT pay. At this point, you can contact your state's department of labor for further information.

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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