7-Day Work Week
Discover your rights under the 7-day work week laws, including eligibility for overtime and restrictions in some states. Learn about federal and state regulations, and when to seek legal action for wage violations.
Discover your rights under the 7-day work week laws, including eligibility for overtime and restrictions in some states. Learn about federal and state regulations, and when to seek legal action for wage violations.
By Brad Nakase, Attorney
Email | Call (800) 484-4610
Have a quick question? We answered nearly 2000 FAQs.
In most cases, it is acceptable for the company to mandate that you work as per 7-day work week. Some states do not allow this practice, though. You can be eligible for overtime compensation in situations where it is permitted.
You can be eligible for double-time payment in certain circumstances. You may bring a wage & hour lawsuit against your employer if they break the law.
It is not specified by federal law the number of days you are permitted to work in a work week. But, if non-exempt employees put in excessive hours throughout the work week, they are entitled to overtime compensation.
A week of work is defined as 168 hours, or seven straight 24-hour periods, according to laws within the FLSA (Fair Labor Standards Act). Anytime throughout the week is a possible start date. Work weeks for different employees of the same company might not coincide. To adjust how many hours one spends at work in a single week, you must first set up your work week, which cannot be altered after it is set up.
But, the number of days employees are permitted to work is not governed by the FLSA. Your work contract and state law will decide that.
Nonetheless, state labor rules may make it illegal for companies to have you work as per 7-day work week. These laws don’t exist in most states. Still, a small percentage do.
There are laws like these in Illinois, for example. An employer must provide their employees with a minimum of 24 hours of uninterrupted rest per calendar week, according to a statute known as the One Day Rest in Seven Act. Only with permission from the employee and their consent can employers keep their staff on the job as per a 7-day work week. That being said, the legislation isn’t applicable to:
Similar statutes exist in some other states. These states are:
Some of the regulations are somewhat limited, though. Only employers that run a manufacturing or retail store in Wisconsin are subject to the regulation. Other businesses are not covered.
States differ in their punishments for breaking these laws. For instance, in Illinois, employers who break the law may be subject to a penalty of:
The Department of Labor receives payment for the fine. Each impacted employee must likewise get an equal payment from the company.
Workers who are not excluded from overtime pay may be eligible if they work seven days a week. The employment laws in your state may provide such a guarantee if the FLSA (federal) does not.
For each hour non-exempt workers work above 40 in a week of work, they must be paid overtime under the Fair Labor Standards Act. But this is the sole situation in which overtime compensation is necessary. Under the FLSA (federal), you don’t have a right to overtime compensation if you work seven days a week and do not work more than forty hours in a single work week.
Example: Jane puts in 10 hours of labor on Sundays, but just 2 hours a day from Monday to Saturday, for a total of 22 hours of work. According to the FLSA, she isn’t eligible for overtime compensation for any of those hours. Only overtime beyond 40 hours per week is covered under the FLSA. Jane worked two hours over her regular shift on Sunday, but overtime is not guaranteed under the FLSA.
However, the overtime regulations in several states are more lenient. In certain places, like California, working a particular number of hours on the seventh day of the week will secure you overtime money.
The amount you get paid for overtime is 1.5 times the basic wage.
Compared to numerous other states and the FLSA, workers in California have more legal safeguards and rights. Employee rights in California are more robust and include:
You have legal recourse if any of your rights are violated by your employer. In addition, your employer may be subject to criminal and/or civil fines. Obtaining legal counsel from an attorney can assist you in getting the money you are due.
Employers are prohibited in California from making employees work longer than six days a week. This rule does, however, have a few significant exceptions.
The most significant exemption pertains to employees who:
An additional exemption applies to employees who must conduct urgent tasks in order to:
A 7-day work week could be required of these emergency and part-time maintenance staff. The equivalent of one day’s rest per month, out of seven, is due to workers who are called upon to do emergency repairs.
Only one mandatory day of rest per calendar week is required if it is specified by legislation. The frequency of once every seven days is not absolutely necessary.
Providing you with an off day on Sunday during the 1st week and an additional off day on Saturday during the 2nd week does not constitute a legal violation on the part of your employer. You are still entitled to two days off every fourteen, despite working for twelve days in a row.
Workers still have the option to work seven days a week. Employers cannot, however, urge them to renounce their entitlement to take an off day; instead, they must inform them of it.
Violations carry severe consequences. Lawbreaking by employers is a misdemeanor. It is illegal to do this. They additionally pay a civil fine of:
The missed pay is given to the impacted employee.
The laws pertaining to overtime pay are likewise more lenient in California. Although only overtime pay over 40 hours in a week is authorized under federal law, California offers overtime compensation whenever a non-exempt worker spends more than:
It appears that working on the 7th day in succession will always entitle you to overtime pay. Still, that’s not always the case. Over six consecutive days must be spent in a week. The start of your work week is decided by your company. Sundays and Mondays are not the only days it can happen. Pay for overtime is not due if you work seven days in a row but that stretch spans two work weeks.
Example: Mondays are the start of John’s 7-day work week. He gets Tuesdays and Mondays off from work but then operates from Wednesday to the next Tuesday for seven days in a row. Two days after the first five are in the 2nd work week, whereas the first five are in the 1st work week. Despite working six days in a row during a work week, John is not eligible for overtime compensation. But for some other reason, he might be eligible for overtime compensation.
Understanding split shifts is crucial for those working a 7-day work week and seeking overtime or double-time pay. In certain circumstances, employees in California are also entitled to double compensation under labor laws. Double-time compensation is double the normal hourly rate, but overtime is compensated at a rate of time and a half.
In the state of California, double-time pay is awarded for work exceeding:
Again, you are only eligible for double pay if you worked the entire seven days of the same 7-day work week. If you work seven consecutive days that fall between two work weeks, you will not be eligible for double-time compensation. But for other factors, you can still be eligible for double-time compensation.
Have a quick question? We answered nearly 2000 FAQs.
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