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Is It Legal to Work 7 Days a Week Without a Day Off?
(FLSA Explained)

Employees in most U.S. states are entitled to at least 1 day of rest out of 7, and employers cannot require their employees to work more than 6 days a week. However, certain employers can get permission from the Department of Labor to work their employees 7 days a week, but they can only do that a maximum of 8 weeks a year.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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Do Federal Laws Prohibit Working 7 Days in a Row?

The Federal Government does not specify how many days a person can work during a workweek. However, it does entitle non-exempt workers to overtime pay if they work too many hours during a given pay period.

The Fair Labor Standards Act (FLSA) states that the workweek is a fixed and regularly recurring period of 168 hours, or 7 consecutive 24-hour periods which can begin at any point during the calendar week. Once an employee's workweek has been established, it cannot be changed in order to alter the number of hours he or she works in a week.

However, FLSA does not specify how many days you can work. It leaves that up to state law and your employment contract.

Read Also: How Many Days in a Row Can You Work?

What is the FLSA?

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments. Starting in July 2009, covered non-exempt workers are entitled to a minimum wage of at least $7.25 per hour. Overtime pay at a rate not less than 1.5x the regular rate of pay is required after 40 hours of work in a given workweek.

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How Does the FLSA Define Wages?

According to the FLSA, the term “wages” refers to all payments made to an employee as remuneration for employment. The term includes all forms of compensation, which may be alternatively called salary, profit sharing, expense account, monthly minimum, bonus, uniform cleaning allowance, hotel accommodations, use of company car, or gasoline allowance.

What Does FLSA Exempt Mean?

Employees exempt from FLSA regulations must generally be paid a salary above a certain level and work in an administrative, professional, executive, computer, or outside sales capacity. The U.S. Department of Labor has a duties test that can help employers determine who fits FLSA exempt status.

What's the Problem With Working 7 Days a Week?

It is typically not recommended to work 7 days in a row without a break, as this can take a significant physical and mental toll which can negatively affect your productivity and overall well-being. It is important to take regular breaks and get enough rest in order to maintain your sanity.

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FAQs

What are the consequences for employers who violate the day of rest or overtime laws?
Employers who violate day of rest or overtime laws can face legal consequences, including fines, penalties, and liability for unpaid wages, including overtime. Employees may file complaints with the state's labor department or pursue legal action to recover unpaid wages, penalties, and attorney's fees. In some cases, violations can lead to class-action lawsuits if multiple employees are affected.

What should an employee do if they are required to work 7 days a week without proper compensation?
If an employee is required to work 7 days a week without proper compensation, they should document their work hours and any communications with their employer regarding their schedule and pay. The employee can then file a complaint with the state's labor department or consult with an attorney to explore legal options for recovering unpaid wages and penalties.

Can exempt employees be required to work 7 days a week?
Exempt employees, such as those in executive, administrative, or professional roles, may be required to work 7 days a week without additional overtime pay, as they are typically paid a salary rather than hourly wages. However, employers must still comply with any applicable state laws regarding rest periods and reasonable working conditions, even for exempt employees.

See all related hourly worker wage dispute lawsuits our lawyers covered so far.

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