Posted by Tamara
OSHA, the Occupational Safety and Health Administration and DOT, the U.S. Department of Transportation have enacted regulations regarding an employee’s work schedule. Airline pilots and interstate truck drivers, for example, are limited to the number of consecutive hours or days that they can work. Employees in the majority of industries, however, are not covered by these regulations.
In fact, there is no Montana state law, nor a federal law, which limits the number of consecutive days an employer can schedule a worker. The common workweek is 5 or 6 days, but it is not a legal requirement.
There are a few states, such as Illinois, that have enacted laws at the state level regarding work schedules. These laws mandate that workers have one day of rest per every seven and are commonly referred to as “one in seven” laws.
Montana does not have a “one in seven” law. It is legal, therefore, for a Montana employer to schedule employees to work 7 days in a row. It is also legal for a business in Montana to require employees to work every day of every week, or 365 days a year.
Some states require premium pay for employees who work on Sunday. This practice is sometimes found in the retail or manufacturing industries. However, Montana does not have any law that requires such a premium.
Many employees feel entitled to time off and are often surprised that there is no law requiring it. Under the Fair Labor Standards Act (FLSA), though, scheduling is classified as a private matter between employer and employee.
FLSA does require employers to pay overtime to workers who put in more than 40 hours in one workweek. Overtime is paid at 1.5 times the worker’s average hourly rate. To avoid consistently paying overtime every week, most companies simply hire additional workers. This is a legal practice.
FLSA does not apply to all employees, however. Only those employers with $500,000 or more in annual earnings or those engaged in interstate commerce are covered under FLSA.
Last 10 posts by Tamara
- Louisiana Employee Privacy Act - April 20th, 2011
- FMLA 101 – Mississippi Maternity Leave - April 19th, 2011
- Florida Overtime Update - April 18th, 2011
- Delaware Paid Holidays - April 15th, 2011
- North Carolina Employee Privacy Act - April 14th, 2011
- Wisconsin NLRA Poster Requirement - April 13th, 2011
- Ohio Maternity Leave - April 12th, 2011
- Georgia Overtime Update - April 11th, 2011
- Oklahoma Paid Holidays - April 8th, 2011
- Maryland Overtime Per Diem Update - April 7th, 2011