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How Many Hours Can I Work in a Day (OSHA and FLSA Explained)

The U.S. Occupational Safety and Health Administration (OSHA) considers a normal work shift to be a work period of no more than 8 consecutive hours during the day, 5 days per week with at least an 8 hour rest.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Navigating workplace safety and labor regulations can be challenging for employees and employers. One key agency at the forefront of these issues is OSHA (Occupational Safety and Health Administration), a U.S. Department of Labor division.

This article explores OSHA's role, the federal laws it upholds, and what it means for employees facing extended work hours.

What is OSHA?

OSHA is a U.S. Department of Labor regulatory agency, which Congress established under President Richard Nixon in December 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and providing training, outreach, education, and assistance."

The agency also enforces a number of different whistleblower statutes and regulations. OSHA's occupational safety inspections reduce injury rates and costs without adverse effects on employment, sales, credit ratings, or firm survival.

Whistleblower Protection Overview

Whistleblower protection laws are designed to safeguard employees who report illegal or unsafe practices in the workplace. These protections cover various activities and ensure that employees can report violations without fear of retaliation.

How to Report Violations?

To report violations, employees can:

  1. File a Complaint with OSHA: If you believe you have been retaliated against for whistleblowing, you must file a complaint with the Occupational Safety and Health Administration (OSHA) within 30 days of the alleged adverse action.
  2. Contact the Office of Special Counsel (OSC): For federal employees, reporting can also be made to the OSC, which handles whistleblower complaints related to federal agencies.
  3. Utilize Internal Reporting Channels: Employees should also consider reporting concerns internally through their employer's designated channels, such as a compliance officer or human resources department.

Essential Whistleblower Protections: Know Your Rights

Protected activities under whistleblower laws include:

  • Reporting violations of laws, rules, or regulations.
  • Disclosing gross mismanagement or waste of funds.
  • Refusing to obey unlawful orders.
  • Testifying or assisting in investigations related to whistleblowing.
  • Engaging in concerted activities with other employees to improve workplace safety

Key Documentation to Support Your Whistleblower Claim

When reporting a violation or retaliation, it is crucial to maintain thorough documentation, which may include:

  • Written Records: Keep copies of any reports made, including dates and details of the violations reported.
  • Correspondence: Document any communication with supervisors or compliance officers regarding the issue.
  • Witness Statements: Collect statements from colleagues who may have witnessed the violation or any retaliatory actions taken against you.
  • Timeline of Events: Create a detailed timeline outlining the events leading up to and following your report

Comprehensive Retaliation Protections for Whistleblowers

Employees are protected from various forms of retaliation for engaging in protected activities.

This includes:

  • Adverse Employment Actions: Such as firing, demotion, harassment, or changes in job duties that negatively affect employment status
  • Legal Protections: Under laws enforced by OSHA and other agencies, employers cannot retaliate against employees for reporting safety violations or engaging in whistleblower activities
  • Confidentiality Assurance: Complaints filed with OSHA and other agencies are kept confidential to protect the identity of the whistleblower

In summary, understanding your rights and the procedures for reporting violations is essential for ensuring workplace safety and legality. Whistleblower protections are in place to support those who take action against wrongdoing.

What is an Extended/Unusual Work Shift?

Any shift that incorporates more than 8 continuous hours, requires more than 5 consecutive days of work in a row, or requires work during the evening is considered to be extended or unusual, according to OSHA.

Extended shifts are typically used to maximize scarce resources, while long or unusual shifts are often required during emergency response and recovery phases.

Related Article: When is an Employee Entitled to Overtime Hours?

What is the Longest Shift You Can Legally Work?

OSHA does not currently regulate extended and unusual work shifts. There is no limit on the hours the adult employee may be required to work.

The decision to work employees in 8-hour shifts, 12-hour shifts, 16-hour shifts, etc., is at the employer's discretion. Calling an employee to work on a scheduled day off is also up to the employer.

Related Article: What is the Longest Shift You Can Legally Work?

Federal Laws About Working 24 Hours Straight

According to OSHA, working a 24-hour shift can cause employees emotional, mental, and physical stress. However, no comprehensive federal law currently prohibits employers from requiring adult employees to work shifts of 24 hours or even more [1].

That said, state laws are in place to ensure that employees receive pay for overtime shifts. Other laws limit working hours when safety is a primary concern, such as limits on the number of hours a truck driver may operate a vehicle.

Requirement OSHA Requirements FLSA Requirements State Variations Industry Exceptions
General Safety Standards Employers must provide a safe workplace free from recognized hazards. Minimum wage and overtime pay regulations apply to most employees. States may have stricter safety standards than federal OSHA. Industries like agriculture may have different wage laws.
Recordkeeping Employers must maintain records of work-related injuries and illnesses. Employers must keep accurate records of hours worked and wages paid. Some states require additional reporting or recordkeeping. Certain industries may have specific recordkeeping exceptions.
Training Requirements Employers must train employees on safety hazards and proper procedures. No specific training requirements, but employers must inform employees of their rights. States may mandate additional training for specific hazards. Industries like healthcare may require specialized training.
Overtime Pay Not directly regulated, but safety during overtime is mandated. Overtime pay required for non-exempt employees working over 40 hours/week. Some states have daily overtime laws (e.g., California). Certain industries (e.g., transportation) may have unique rules.
Breaks and Meal Periods OSHA does not mandate breaks but requires employers to ensure safety during work hours. FLSA does not require breaks, but if provided, they must be paid if under 20 minutes. Some states require specific meal and rest breaks (e.g., California). Exceptions may apply in sectors like retail or healthcare.
Whistleblower Protections Employees can report unsafe conditions without fear of retaliation. Employees can report wage violations; retaliation is prohibited. State laws may offer additional protections or processes for reporting violations. Certain industries (e.g., public sector) may have enhanced protections.

This table provides a clear comparison of the rights and requirements set forth by OSHA and FLSA, highlighting state variations and industry exceptions relevant to workplace regulations concerning hours worked and employee rights.

Common Violation Examples in the Workplace

Understanding common workplace violations is essential for employees to recognize their rights and ensure compliance with labor laws. Here are several prevalent violations that can occur, particularly concerning hours worked and compensation:

1. Forced Overtime

Employers may require employees to work overtime without proper compensation or fail to provide adequate notice.

Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid at least one and a half times their regular pay for hours over 40 in a workweek. Failure to comply can lead to significant legal repercussions for employers

2. Missed Breaks

Employees are entitled to breaks during their shifts, yet many employers fail to provide them or require employees to work through them without compensation.

The FLSA mandates that short breaks (typically 20 minutes or less) should be paid, meaning employers cannot automatically deduct this time from wages

3. Off-the-Clock Work

This violation occurs when employees must perform tasks outside their official working hours without pay. Employers may ask employees to clock out and continue working, which is illegal under the FLSA. All hours worked must be compensated, regardless of when they occur

4. Travel Time Disputes

Employees may face issues regarding compensation for travel time related to their jobs. The FLSA requires that travel time be paid under certain conditions, such as when employees are traveling for work-related purposes during regular working hours. If employers do not compensate for this time, it constitutes a violation of labor laws

5. Training Time Issues

Employers are required to pay employees for mandatory training sessions that are directly related to their job duties. If an employee is required to attend training but is not compensated for that time, it can lead to wage violations under the FLSA

6. On-Call Time

Employees required to remain on-call must be compensated if they cannot use their time as they wish. If an employer restricts an employee's ability to engage in personal activities while on-call, that time may need to be paid according to FLSA regulations.

Recognizing these common violations can empower employees to advocate for their rights and seek appropriate remedies. Understanding labor laws helps ensure fair treatment and compliance within the workplace.

FAQs

Are There Any Exceptions to Osha’s Daily Working Hour Regulations?

OSHA does not set daily working hour limits. Exceptions may apply under specific industry regulations or for certain job roles governed by different standards or labor laws.

What is the US Department of Wage and Hour Division?

The U.S. Department of Wage and Hour Division (WHD) enforces federal labor laws related to minimum wage, overtime pay, child labor, and family and medical leave, ensuring that workers are compensated fairly and employers comply with labor standards.

How Does Osha Enforce Compliance With Daily Working Hour Limits?

OSHA enforces compliance through workplace inspections, employee complaints, and employer reports. Violations can result in citations, fines, and mandatory corrective actions to ensure adherence to safety regulations.

What Penalties Can Employers Face for Violating Osha’s Daily Working-Hour Rules?

Penalties that employers can face for violating OSHA's daily working hour rules can face substantial fines, penalties, and legal action. Repeated or severe violations may increase penalties and more stringent enforcement measures.

Do lunch breaks count as work hours?

Lunch breaks do not count as work hours under the Fair Labor Standards Act (FLSA) if the break lasts 30 minutes or more and the employee is completely relieved of duties. Shorter breaks or breaks where work is required may be counted as work time.

What's the difference between OSHA and FLSA regulations?

OSHA (Occupational Safety and Health Administration) focuses on workplace safety standards, ensuring safe and healthy working conditions. The FLSA (Fair Labor Standards Act), on the other hand, regulates minimum wage, overtime pay, and child labor laws, primarily focusing on fair compensation and hours.

How are holiday hours calculated?

Holiday hours are calculated according to company policy or collective bargaining agreements, as the FLSA does not require holiday pay. Some employers may offer time-and-a-half or double pay for holiday work, but this is not federally mandated.

What constitutes travel time?

If travel occurs during normal work hours or is required for a job assignment, such as travel between job sites, it constitutes as travel time. Commuting from home to work is generally not considered travel time under FLSA guidelines.

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References:

  1. https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked