What is the legal amount of time/days that a corporation can demand that an employee work without some type of comp days or additional pay?

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What is the legal amount of time/days that a corporation can demand that an employee work without some type of comp days or additional pay?

My son works for a major hotel corporation as a supervisor. He just finished his 90 day trial and has been officially employed in a salary position. He has been working long hours during his training period. However, he is now on his 23rd workday out of 26, with none of the 3 days off being together.

Asked on August 15, 2015 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you son is salaried and exempt from overtime, then he can be made to work *any* number of days (and hours per day)--literally, 24/7/365, assuming it were physically possible--without any additional pay or comp days. That's because salaried employees only receive their weekly salaries, not hourly based pay; exempt employees do not receive overtime for working more than 40 hours in a week; and except in certain professions were maximum hours are regulated for safety reasons (e.g. truck driver, airline pilot), there is no legal maximum on how many hours an employee can work.

Note that not all salaried employees are exempt from overtime, and if an employee is not exempt, then even if he is salaried, he is entitled to additional pay when working more than 40 hours in a week. (To oversimply: say a salaried non-exempt employee makes $800 per week [$41,600/year], or the equivalent of $20/hour; for each hour past 40 he works, he gets an extra $10.) To be exempt, an employee must be salaried AND must also meet one or more of the tests for exemption. If you son is a "supervisor," he most likely is exempt; but if you or he want to check, you can find the tests on the U.S. Dept. of Labor website. Pay specially attention to the criteria for the "executive" and "administrative" tests for exemption.


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