U.S. Department of Labor: State Labor Offices. Because people can choose too if they want. For example, in Oregon, most employees who work in logging camps, sawmills, planing mills and shingle mills cannot work more than eight hours in a day. Also individuals must not be required, against their wishes, to work an average of more than 48 hours a week. Days off can be averaged over a two-week period, meaning you are entitled to two days off a fortnight. ©2020 Hearst UK is the trading name of the National Magazine Company Ltd, 30 Panton Street, Leicester Square, London, SW1Y 4AJ. Note: If you are not a shift worker but agree to work up to 12 hours a day, and not exceeding an average of 44 hours over any 3 continuous weeks, you must: Give your consent in writing. Also, your employer is required to pay you time and a half for every hour over 40 that you work each week. Stating the obvious, you'd have to work 10 hours per day (+ breaks) over 4 days, if you wanted 40 hours. It can be worthwhile including your staff’s rights to breaks within your employment contract to avoid confusion. It’s the great equalizer, giving every one of us the opportunity to succeed. An employer cannot insist that a worker works more than 48 hours per week on average. Grace Ferguson has been writing professionally since 2009. Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest. The state might say that your employer must pay you overtime for work hours that exceed eight in a day, up to 12 hours. U.S. Department of Labor: Breaks and Meal Periods, Oregon.gov: Manufacturing: Daily Overtime and Maximum Hours Restrictions, North Carolina Department of Labor: Hours Worked and Mandatory Overtime, California Department of Industrial Relations: Overtime, U.S. Department of Labor: Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector, Illinois Department of Labor: One Day Rest In Seven Act (ODRISA). Hospitals can only require longer-than-normal shifts for certain, generally unforeseeable emergency situations. There was some limitation on how many 16 hour stretches they could make you do before giving you 24 hours off. An employer cannot insist that a worker works more than 48 hours … over 12 ... ... ? If you’re over school leaving age but under 18, you can’t usually work for more than 8 hours per day or 40 hours per week. Workers covered by the Working Time Regulations must not be required to work more than 13 hours per day. The Illinois law uses the Gregorian calendar – our standard means of counting days – where the calendar week begins at 12:01 a.m. Sunday and ends the next Saturday at midnight. Eight (8) hours in a day or, if the employer establishes a regular work day of more than eight hours, the number of hours in its regular work day; and, 48 hours of work per week. This law regulates the days, hours, and times that 14, 15, 16, and 17-year old employees can work. The legal break times for an 8-hour shift is a minimum of 20 minutes. At one point, I used to work 9hrs per day + breaks, and have also done 8.75hrs + breaks (both resulting in 10hr shifts, both over 4 days) - but that doesn't quite bring you up to 40hrs. Workers putting in a 12-hour shift reasonably expect a meal time and additional breaks. Over the summer I had two jobs and often worked 12 hours a day, where my break was walking from one workplace to the other. What Are the OSHA Requirements for Breaks During a 12-Hour Shift?. You’re usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day; 12 hours rest between each working day To determine whether your employer can make you work 12-hour days under state law, consult the state labor department. The law on breaks at work for an 8-hour shift. The state may provide greater protection to employees than federal law. http://www.telegraph.co.uk/news/worldnews/europe/3814318/British-working-week-could-be-capped-at-48-hours.html. Rest breaks at work. The European Working Time Directive states that you cannot work more than 48 hours per week (averaged out over 17 weeks), so you could not do 5 x 12-hour shifts every week, for example, although some industries are exempt. Overtime must also be paid after an average of 40 hours in a week where the schedule consists of 2 or more weeks. It sounds horrible until you find out it's a one week on, one week off contract he has. Weekly rest. Nearly all workers have the right not to have to work for more than 48 hours on average, a week. Can My Employer Dock Me for Being Late But Not My Co-worker?→, Are Part-Time & Temporary Workers the Same?→, Can I Be Charged a Penalty for Being Late to Work?→. Note: If you are not a shift worker but agree to work up to 12 hours a day, and not exceeding an average of 44 hours over any 3 continuous weeks, you must: Give your consent in writing. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. However, it is illegal to provide them only one (1), 30-minute meal break. 48 x 17 = 816 hours worked in 17 weeks. The limit should be 12 hours, if not 10. There are no significant laws limiting the hours one can work in a day. When I was a student I had a summer job that involved just feeding stuff into a machine, 8 hours a day was bad enough the time drags sooooo much. I got used to it and didn't even find it that tiring - I'd be really annoyed if there is a 48 hr working week forced upon us as I'd rather work the extra 12 hours a week and rake it in For night-workers, the average daily hours of work are 8, averaged over a 17-week period. Step 2: Add up the number of days you could have worked, minus rest days. And you get time and a half for over 40 hours. Averaging of hours of work for award/agreement free employees . At the moment I do 13 hour shifts, long and very tiring, however my working week is over and done with in 3 days. The hours that an individual works in Hours of work in an employment agreement might include that an employee also do additional work, as reasonably required by an employer, and should agree on any compensation for this overtime. OH's company is based in Asia, and the meeting times and deadlines can be very strange. 12 hour shifts are legal. That was the ealy 90s. As a night worker, you must have the opportunity of free health assessment before taking up night work … Workers 18 and over have a right to a 20-minute break where the working day is longer than six hours, also, a rest period of 11 consecutive hours between each working day, (unless working on a shift pattern) and a 24 hour rest period in each seven days. Nothing wrong with 12 hour shifts, I use to do them all the time when I worked as a theatre nursing assistant and most of the time a 12 hour shift would be a lot longer. Under federal law, your employer must pay you overtime for work hours that exceed 40 for the week. you should try being in the forces, when you get a stint of guard its a 84 hour week, friday to friday then a normal week can last as long as there is work to do, i sometimes pull a 16-18 hour day. But the answer to … Under these circumstances, employees must receive double their usual pay past the 12-hour mark. By Deskin Law Firm If you work more than five hours per day, you are entitled to a lunch break (or meal period or rest period) of at least 30 minutes. Even the most dedicated employee is likely to burnout with a steady diet of long hours. U.S. Department of Labor: What Does the Fair Labor Standards Act Not Require? You may not work for at least 12 hours after completing a 12-hour night shift. The Law about Hours of Work. I think 12 hour shifts can be helpful to people who maybe have childcare issues, i.e. Thanks. Young workers. In these cases, the 60-hour limit should apply. California law mandates that two (2) 30-minute meal breaks are due when an employee works over 10 hours a day. That's a bit like saying "Why is it legal to have your tea when you want?". The FLSA also does not mandate that employers give employees breaks or meal breaks. However, no breaks are required for workers over 18. I can do what I want when others are at work and it means I get to spend more time with my family. For example, under the FLSA, 14 and 15-year-olds in nonagricultural industries can work no more than three hours on school days and up to eight hours on nonschool days. Workers who earn a yearly salary could work 18 hours a day 5 days a week and they would get no overtime. Employers are not allowed to require nurses to work beyond their regularly-scheduled shifts and no shift can exceed 12 hours in one day.An exception exists for emergency situations in which a patient’s safety is in jeopardy and no reasonable alternative can be found. Under the Fair Labor Standards Act (FLSA), if you are 16 or older, your employer can require you work 12-hour days. Whereas some employers limit their employees’ daily work hours to eight, others might make their employees work 12-hour shifts. Additional info I have a 40 hour a week contract I work 8 hour shifts with a 30 minute unpaid break in the middle thanks Michael However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift. It should be noted that this limit includes all overtime, which must be voluntary and used in accordance with the Base Code. If you work more than five hours per day, you are entitled to a lunch break (or meal period or rest period) of at least 30 minutes. For example, if you work 11 hours, then your employer must pay you for 12 hours of work. Mainly because they got to play with cars all day. We believe that no shift should be longer than 12 hours, and that a 12 hour shift may not be appropriate for all nurses. Even better, anyone can work hard. Have the provisions of Sections 38 and 40 of the Employment Act explained to you. Sometimes, in order to do your job right and do your job well, you have to put in some extra time. In the latter case, with few exceptions, an employer has the right to schedule an employee for these long hours. You might be entitled to double-time pay for hours worked in excess of eight on the seventh straight day of the workweek. To work out this average, add up your hours over 17 weeks, and divide by 102 days. You can’t work more than 48 hours a week on average - normally averaged over 17 weeks.This law is sometimes called the ‘working time directive’ or ‘working time regulations’. The problems start when work keep on ringing on your days off to ask you to do overtime, then when you refuse get all narky because 'you've had 4 days off'. Welcome to the Digital Spy forums. For example, in Oregon, most employees who work in logging camps, sawmills, planing mills and shingle mills cannot work more than eight hours in a day. 1 decade ago. If you work 10 hours in a day, you are entitled to another 30 minute lunch break. My choice, I do like the money and I also like the work. So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the extra time. It does not constitute legal advice or create an attorney-client relationship. • You may work for 12 hours in a night shift no more than 5 times every 2 weeks, and no more than 22 times a year. If you are a contractor or salaried employee, they don't have to pay you more, but often employees should be hourly and get overtime and do not. Be informed of your daily working hours, number of working days in each week and weekly rest day. All Rights Reserved. Ages Teens Are Legally Allowed to Work . I work 4 days on (which consists of 2 day shifts and 2 night shifts) and 4 days off. Unless a worker is 15 or under, federal and state laws do not limit the daily number of hours. The state might say that your employer must pay you overtime for work hours that exceed eight in a day, up to 12 hours. This is because the Working Time Regulations 1998 establish 3 types of rest break: Rest breaks at work. Night workers cannot work an average of more than eight hours in each 24 hour period. An eight-hour workday is standard for most workers, with time given for lunch and one or two short rest breaks. The main problem would be finding a shop that's actually open that long. Daily rest. U.S. Department of Labor: When and How Many Hours Can Youth Work? For example, Illinois has a law called the "One Day Rest in Seven Act" that specifically requires employers to allow employees 24 consecutive hours off during each calendar week. Employees who work in factory and manufacturing establishments cannot work more than 10 hours per day. Workers aged 18 and over (adult workers) are entitled to one day off each week. An on-duty paid meal period is permitted when the nature of work prevents relief from all duties and the parties agree in writing. Employers who require their employees to work more than 12 hours a day or more than 72 hours of overtime a month will have to apply to the Ministry for exemption. If they aren't giving you breaks then you can not be forced to work 12 hours non stop, its unethical. Or "Why is it legal to drive a car once you've passed your test?". Otherwise, union agreements or corporate policies keep hours in check. Employees who refuse to work the scheduled hours may be terminated. I guess it depends on the job, I have no idea how these people can do 12 hour shifts in a large factory operating a machine it's so mundane. Answer: The Fair Labor Standards Act (FLSA) does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work. getting your week over in 3 days. Depending on your occupation, the state might restrict the number of hours you can work in a day. I must admit I find this shocking, as almost every other state in the union requires a meal break after 8 hours. My employer is making me work a 16 hour shift then have 2 hours off then go to training for 8 hours to have 1 hour off to go back to work another 6 hour shift. The state might forbid employers from making employees work consecutively throughout the day without providing a break or lunch period. The act does not restrict the number of hours that employees in that age range can work in a day. EU working time directive is 48hrs per week based on an average over 15 weeks (I think). More useful if you are on an hourly rate rather than a salary. If you can make someone work for 18 hours straight, that is slavery which is illegal throughout much of the modern world. Megan Murray. In Ontario, the Employment Standards Act (“ESA”) sets out the maximum daily and weekly limits on the hours of work. Drivers who are discriminated against by their employer for complaining about work hour violations can report the matter to OSHA for investigation. A lot of people are barely getting 40 hours a week and have families. It can be useful in a global company. I would like to get a lunch break during the day, but my employer refuses to give one to me despite the fact that I work 10 hours a day without any break. No law is broken. Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime. DIGITAL SPY, PART OF THE HEARST UK ENTERTAINMENT NETWORK. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours plus at least 30% thereof. Is it legal to work over 12 hours in a day? If you are an hourly employee, you would get overtime for all hours over 40 a week. But I know at my job there isn't a limit on the maximum hours you can work per day. So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the extra time. It is legal to have an employee work 12+ hours in a day. For young workers (under 18 years old), the minimum rest period is 12 hours in any 24 hour period but rest may be interrupted by short duration work or periods of work being split up during the day. Rest breaks at work entitle workers to have one uninterrupted 20-minute rest break during their working day, so long as they work over 6 hours. This, according to the government, is supposed to be optional. Under the Workplace Safety and Health (WSH) Act, employers must conduct proper risk assessment of the jobs. If you’d like to join in, please sign in or register. Under these circumstances, employees must receive double their usual pay past the 12-hour mark. In such cases, the employer may average the working hours of employees over a selected period of 2 or more weeks. Some employees may have much longer shifts, working 12 hours or more in a single day. The hours that an individual works in Overtime is not required if you work 12-hour days; it’s total hours worked in a week that determines overtime pay. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division … But you have to take a 30 min break every 6 hours based on labor laws. One exception to the unlimited hours rule in Texas is for employees in the retail sector. Again I would talk to your HR, but hopefully my answer helped some. I got used to it and didn't even find it that tiring - I'd be really annoyed if there is a 48 hr working week forced upon us as I'd rather work the extra 12 hours a week and rake it in, in the pub trade i used to work about 80hrs a week with an hourly rate it was not so bad. Step 1: Add up the number of hours you worked. I worked from 8am-10pm today, and it was horrible, and my manager did for the second day in a row (I stayed cause he's a mate and I felt bad leaving him, and my girlfriend is away til tomorrow so I've nowhere better to be). For example, federal law regulates the number of hours a commercial truck driver can drive consecutively in a day and the total hours he can drive in one week. Some of them have been complaining that when they get that tired, they can … 4 x 12 = 48 hours. According to the Austrian government, the 8 hours working day will remain, while the new regulation will relax the rules for employment and enable workers to work up to 12 hour a day. Employers can’t require a staff member to work more than 48 hours in one week or longer than 12 consecutive hours in a day. But some companies have an op out clause. It just seems like its way overkill. Employers can require employees to work 14 hours a day. What a strange question. If you work freelance, as I do, you work when the jobs come in. 16 hour shifts were routine. Over the summer I had two jobs and often worked 12 hours a day, where my break was walking from one workplace to the other. Overtime is not required if you work 12-hour days; it’s total hours worked in a week that determines overtime pay. There are some circumstances where the employee may not be able to refuse, such as in emergency overtime. In general, the maximum number of daily and weekly hours are: Eight (8) hours in a day or, if the employer establishes a regular work day of more than eight hours, the number of hours in its regular work day; and, 48 hours of work per week. 4 shifts of 12 hours work, every week for 17 weeks. Any response to email inquiries should be considered general in nature and should not be relied upon as legal … However, the maximum averaging period is 26 weeks. Employees working over 6 hours a day have the right to at least a 20-minute break. Or … Work 8 to 9 hours a day, when and where your boss tells you to, for that same remainder of your working life? Working over 8 hours a day does not mean the employee is entitled to overtime pay. An employee’s daily hours of work may exceed the maximum limits in the ESA if the employer and employee agree in writing. Employers and award/agreement-free employees may agree in writing to an averaging arrangement to average their ordinary hours of work. Therefore, unless an employment contract says otherwise, your employer can make you work 12 hours in a day without a break. Be thankful you are making good money. Your employer must, however, pay you for all hours worked. I see no way this is not legal and legit. There are no significant laws limiting the hours one can work in a day. Work 12 hours a day for a few years, then 3 hours a day (when and where you want) for the remainder of your working life? Registered in England. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor requirements of … Question: How many hours per day or per week can an employee work? Ahmed works four 12-hour shifts each week, with 1 rest day each week. It is possible to work a 12 hour night shift as long as the average length of a night shift does not exceed eight hours in a 24 hour period, when measured over a standard reference period of 17 weeks. If I didn't, I wouldn't do it. Quite a few of my friends worked for car hire companies when they first left school. Federal law does consider weekly hours over 40 as overtime. Sometimes I don't work at all for weeks, sometimes I'm flat out 12-15 hours a day for days on end. The FLSA sets the minimum working age at 14 for non-agricultural jobs. This imagines each week has 6 days rather than 7, because you have a legal right to 1 day a week where you do no work. Opt-out agreement. For young workers (under 18 years old), the minimum rest period is 12 hours in any 24 hour period but rest may be interrupted by short duration work or periods of work being split up during the day. The FLSA places restrictions on employment for minor workers (workers under age 18), depending on their age, the time of year, the day of the week, and more. Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime. The casino operated for 12 hours a day on 364 days of the year. consecutive hours after the end of the shift, as is also the case for day shifts. 1 1. jelesais2000. Absence from work; Time off for bereavement; Checking sick pay; Maternity, paternity and adoption; Parental leave ; Coronavirus (COVID-19) Health and wellbeing. Adult workers are entitled to a rest break of 20 minutes if you have to work more than six hours at a time. Coronavirus and mental health at work; Supporting mental health in the workplace; Using occupational health at work; Dealing with workplace problems. Workers may agree in writing to work more than the 48 hours per week on average, and can withdraw their agreement at any time. For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. I don't get why there's any need for somebody to work over a 12 hour working day? Wisconsin does something similar. Some weeks I'll be working virtually from 8 a.m. to midnight except for mealtimes. Or "Why is it legal to support Man Utd?". Yes it is legal for employees to work 14 hours a day without overtime. Opt-out agreement. The state might also have a one-day-rest-in-seven law, which says your employer must give you a minimum of 24 hours of consecutive rest each week. If you're a night worker, you can't be asked to work more than 8 hours a day on average. Rest breaks if you’re over school leaving age but under 18. So I work shifts in my job and sometimes ill finish at 10pm then start the next day at 6:30am, was just wondering if this was legal as some have said it is required by law to have a 12 hour rest in-between, is this true?. With 10 years of experience in employee benefits and payroll administration, Ferguson has written extensively on topics relating to employment and finance. I've got a friend who will work 7am till 7pm, Mon-Fri. Is that legal? The information provided above is for general purposes only. Otherwise, union agreements or corporate policies keep hours in check. Federal law does consider weekly hours over 40 as overtime. Some employees may have much longer shifts, working 12 hours or more in a single day. A research writer as well, she has been published in The Sage Encyclopedia and Mission Bell Media. One of his mates at work has a toothbrush there, he works such long hours. I understand they cant do that but if i were to not show up to a shift could they legally fire me? Undertime Not Offset by Overtime. I run my own business. It was pretty close to human physiological limits. Sounds like a no-brainer to me. A retail employer must allow full-time employees (defined in the following statute as those who work more than 30 hours in a week) at least one 24-hour period off in seven, i.e., each week, the employee must be allowed to have a day … The second meal break may be waived if the first meal break was not waived. Work-Life Balance How to Work 12 Hours a Day and Still Have a Life. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. However, many other states give employers free reign to schedule employees to work as many hours in a day as they see fit. Also individuals must not be required, against their wishes, to work an average of more than 48 hours a week. The violation of work hour rules for drivers is considered a health and safety hazard. Workers covered by the Working Time Regulations must not be required to work more than 13 hours per day. For example, when the schedule is for a compressed work week consisting of 4 days of 10 hours each, overtime is payable after 10 hours in a day and 40 hours in a week. Years ago I worked shifts as a maintenance electrician, seven 12 hour day shifts and seven 12 hour nights, this included weekend days and nights which were at overtime rate. Workers may agree in writing to work more than the 48 hours per week on average, and can withdraw their agreement at any time. Depending on your occupation, the state might restrict the number of hours you can work in a day. ; Be informed of your daily working hours, number of working days in each week and weekly rest day. The FLSA and many states limit the number of hours youths below 16 can work in a day. However, your employer can let you go if you are not willing to work the additional hours. You may work: • per shift: no more than 12 hours; • per week: no more than 60 hours; Note: you may not work the maximum number of hours every week. I don't know if it is legal, but it is common for interns to work 36 hours at a stretch. Is it legal to be forced to work 6 days a week? In Massachusetts, mandatory overtime is illegal. During the period from 2008 to 2009, he was occasionally required to work for seven consecutive days. by. In Oregon, the forced labor practice is illegal. Lv 7. So by working long hours one week he gets the following week off, which to me sounds like it's a worthy sacrifice. Under federal law, your employer must pay you overtime for work hours that exceed 40 for the week. Other times it's dead quiet. Have the provisions of Sections 38 and 40 of the Employment Act explained to you. Most nursing shifts are either eight or 12 hours long, but studies such as a University of Pennsylvania report published in the July 2004 issue of "Health Affairs" show that most nurses routinely work longer, either catching up on notes or covering for an absent or late co-worker. However, the regulations of … All adult workers are entitled to one day off a week. It becomes an issue if you are doing it too much. Many states have no laws concerning seven-day workweeks unless it pertains to overtime pay. Can Employers Make You Work 12 Hour Days? While this is the legal minimum requirement, you’re allowed to offer longer or more frequent rest periods. A lot of it. If the nature of the work in an establishment necessitates irregular hours due to seasonal or other factors, resulting in employees having no regularly scheduled hours or having regularly scheduled hours which vary from time to time, then the hours can be averaged.