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Aaron Dave |
Limit on Hours Worked?
05-14-2009 / 8:59 am #1
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One of my employee’s approached me this morning wanting to know if there was a limit on an employer for how much they can require an employee to work? Her husband is in the construction business and he is a superintendent on salary. He has been getting only Saturdays off the past 3 weeks and for example he went into work Sunday afternoon and by this morning he has already worked 65 hours. He was told by his project manager he would be fired if he couldn’t keep up and complete all of his work and that he needed to work 24 hours shifts if that is what it took to complete his jobs. Is there some sort of law that protects the employee? Thanks so much Amy Brannon A-Action Bail Bonds, LLC (770) 237-2245 www.a-actionbonding.com |
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Leah Fedeli |
Re: Limit on Hours Worked?
05-14-2009 / 12:20 pm #2
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Hi Amy, I read your question and decided to do a little research on the DOL's web site. The following is a direct quote from the wage & hour law FLSA: "The Act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old. Similarly, the Act does not limit the number of hours of overtime that may be scheduled. However, the Act requires employers to pay covered employees not less than one and one‑half times their regular rates of pay for all hours worked in excess of 40 in a workweek, unless the employees are otherwise exempt." I found the information at the following link: http://www.dol.gov/compliance/guide/minwage.htm However, the first question that should be asked is really does this person qualify for exempt status? I don't know enough information about this man's job requirements & responsibilities to help on this one. But if he's not eligible for exempt status, then he must be paid time and a half for all hours worked in excess of 40 per work week. The work week being defined by the employer. Hope this helps answer your question. Take Care, Leah Fedeli Kentec, Inc. Human Resources Manager |
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Jared Bostrom |
Re: Re: Limit on Hours Worked?
05-18-2009 / 12:25 pm #3
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Hi Amy, Leah's instincts are right on this...going to the DOL site on Wage and Hour compliance is a great place to find some potentially helpful info on your husband's situation. (http://www.dol.gov/compliance/guide/minwage.htm) Like Leah said, THE crucial issue here is whether or not your husband meets "exempt" status--not according to the employer's standard but according to the FLSA's definition. You wouldn't believe how many employers have their employees classified the wrong way (some intentionally, some by accident), especially in the construction industry. There's a very helpful Overtime Security Advisor on the DOL site that breaks down the various threshold requirements for each exempt status. (http://www.dol.gov/elaws/esa/flsa/overtime/menu.htm) Likewise, here's a link to Fact Sheet #17A, which is a short-and-to-the-point document on defining exemptions under the FLSA...(http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf) And finally, as your husband asseses his options, I'll borrow a quote from the DOL site on FLSA Compliance: "It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act. " I hope this helps. I work with employers on auditing their compliance practices with FLSA and the DOL, so I see these situations all the time. Feel free to contact me if you have any questions. Good luck. Jared Bostrom Burnette Insurance Agency Risk Management jared@burnetteins.com |
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