Posted by Tamara
Many employees assume they are entitled to at least one day off every week. This is an incorrect assumption. There is no federal law requiring employers to give workers a day off. According to the FLSA (Fair Labor Standards Act), how many days a company schedules employees to work is a private matter between employer and worker.
The “standard” in most industries is a 5 or 6 day workweek, but there is no law requiring it.
Wisconsin and a few other states have enacted laws requiring employers to give workers a day off. These “one in seven” laws mandate that employees get one day off in seven.
Utah does not have a “one in seven” law. A Utah employer can legally schedule a worker for seven days in a row. In fact, it is legal in Utah for a company to require workers to be on duty every day, every year.
Often states will require employers to pay overtime, or a premium rate, to employees who work on Sunday. It is a common practice in the retail industry. Utah does not have such a law.
Although there is no federal law mandating scheduling, there is a federal law regarding employees who work overtime. Under FLSA, Utah employers have to provide overtime pay to employees who work more than 40 hours in one workweek. Overtime pay is computed as 1.5 times the worker’s usual hourly rate. Often, a business will hire additional personnel to avoid paying overtime every week, and they are legally allowed to do so.
The FLSA overtime stipulations, however, do not apply to every employee. The law applies to employees engaged in interstate commerce or employers with revenue over $500,000 per year.
A few industries have federal regulations limiting the number of days an employee can work. According to the Department of Transportation (DOT) and Occupational Safety and Health Administration (OSHA), airline pilots and truck drivers are restricted to working a specified number of consecutive days.
Last 10 posts by Tamara
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