Posted by Tamara
An employee asks, “My employer in Minnesota has scheduled me to work 8 days in a row without a day off. Isn’t there a law that prohibits employees from working more than 5 or 6 consecutive days?”
The answer is no. There is no federal law, nor is there a Minnesota state law that mandates a day off for employees.
A few states require employers give workers one day off in every seven days. These laws are commonly referred to as “one in seven” laws because they require that an employee have one day off in every 7 days.
Minnesota does not have a “one in seven” law.
What does that mean for Minnesota employees? It means that a Minnesota employer could legally require its employees to work seven days a week without a break. It also means that a Minnesota company could require workers to be on duty 365 days a year.
A few industries restrict an employee’s work schedule. The Occupational Safety and Health Administration (OSHA) and the Department of Transportation (DOT) regulate these industries, which mandate that workers such as airline pilots and truck drivers can only work a specified number of consecutive days. These regulations, however, apply only to a small percentage of workers. The majority of employees are not covered.
Minnesota employers, and employers throughout the nation, are required by federal law to pay overtime to workers who put in more than 40 hours in one workweek. An hourly employee working 7 days a week, 8 hours per day would be entitled to at least 16 hours of overtime each week. To avoid consistently paying so much overtime, the majority of employers simply hire additional workers, which is legal.
The federal law FLSA (Fair Labor Standards Act) is the law that governs minimum wage and overtime pay. It is also the law that classifies work schedules as a private matter between employer and employee.
The FLSA, however, does not cover all employees. The law applies only to employees that engage in interstate commerce or companies with an annual revenue of $500,000 or more.
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