Under California law, an employer is any person (as defined in Section 18 of the Labor Code) who, directly or indirectly or through an officer or other person, employs or controls a person`s wages, hours, or working conditions. In Section 18 of the California Labor Code, a “person” is any person, association, organization, partnership, business trust, limited liability company, or corporation. While the RSA does not set a limit on the number of hours a non-exempt adult worker must work in a given week, it does set a standard for overtime pay. After 40 hours of work in a work week, a non-exempt employee is entitled to overtime pay, which in most cases is equal to 1 1/2 times the employee`s base salary. This relates exclusively to the number of hours worked in a seven-day period and is not related to the number of consecutive working days. To find out if the law applies to you and what legal options are available to you, you can use our Request Legal Assistance tool to find legal help near you. In this example, the employee has one day of rest per work week, but the days of rest do not have to be the same each week. If you work for two different employers, each employer has its own work week – neither has to stick to what your other employer does. For example, your days off may be Sunday and Monday with your first employer and Wednesday and Thursday with your other employer. Technically, they still work every day without a day off, but each employer has its own work week and days off. Your second employer does not have to compare vacation days with your first employer. Some of the most common questions we hear from customers are about what employers are allowed to “pass.” And while it`s true that some employers try to circumvent the law, save money at the expense of their employees, and fail to provide adequate protection, many employers take good care of their workforce.
However, these are some of the most frequently asked questions we receive about California labor law. A: In Connecticut, 12 days — not 13 — is the maximum continuous work time allowed, but you`re not necessarily breaking the law if you allow an employee to work more than 12 days straight. It is simply illegal to force or compel someone to work for so long despite their objection and/or to discipline an employee who refuses. For adult workers, there is no legal limit on the number of hours one can work per week, but the Fair Labour Standards Act sets standards for overtime pay in both the private and public sectors. If the time records indicate that the elapsed time is longer than the hours actually worked, for example because employees choose to enter their workplace before the actual start time or stay after their actual exit time, the compliance officer determines whether the work is actually performed at these intervals. If an employee arrived early for personal reasons and did not work before the scheduled start time, a record of the fact that the employee worked 8 hours that day, for example, is all that is required. This rule also applies to employers with 50 or more employees. Also note that employees are eligible provided they have worked for the employer for at least 12 months and worked 1,250 hours in the 12 months preceding the holiday. In California, hourly workers who are not exempt are entitled to overtime pay. Employers are legally required to pay it.
If you work 8 hours or more per day, you are entitled to one and a half hours, or 1.5 times your regular wage rate, for every hour worked for eight years. If you work more than 40 hours per work week, you are entitled to one and a half hours for every hour worked in excess of 40 hours. But that`s not all. If you work 12 hours or more in a day, you are entitled to double your regular rate for each hour above that amount, and if you work more than 8 hours on the 7th consecutive day of a work week, you are also entitled to double your regular wage rate. This table illustrates. As with most federal regulations that cover a large and complex workplace, there are specific occupational exceptions to all three rules. Medical trainees, for example, may earn less than $23,600 per year, but they are still considered exempt. The same goes for teachers, field staff and airline employees. The full list of specific jobs that are exempt is long. However, when it comes to a final paycheque, the employer must immediately correct the insufficient payment. If the employer makes you wait, they are subject to waiting time penalties – and these correspond to a full daily wage up to a maximum of 30 days.
I`m from Minnesota. I`m just wondering how many days in a row you can work before they give you a day off. The law actually states that six days per calendar week is the maximum working time allowed. When it comes to working on consecutive days, the importance of an exempt workplace is that you are not protected by the rules of the RSA. This can be temporarily confusing, as you usually view an exception to a rule as an advantage. In this case, however, it is exactly the opposite: you are “exempt” from protection under the RSA. However, if you have legal protection with a union or other type of employment contract, you cannot be fired if you refuse to work 7 days a week in Florida. If you have this protection and have been dismissed, you must immediately contact a lawyer for wrongful dismissal. It is therefore normal to ask for volunteers.
If an employee has worked voluntarily or is attempting to work more than six days in a calendar week, it would be wise to give them a brief note informing them that you agree with the request or preference to work continuously without a day off, but that a day off is available if desired. In addition to FLSA requirements, some states have passed their own hours of work and overtime laws. The following states require overtime pay for employees who have worked more than 40 hours per work week or more than eight hours per day: Alaska, Arkansas, Connecticut, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Vermont, Washington and Wisconsin. Keep in mind that Florida`s labor laws give workers the right to exempt themselves from working for the civic responsibility of working on a jury without fear of reprisal. Employers will also not threaten to fire an employee for serving on a jury or running for jury duty. While many states also have laws that protect a worker`s right to take time off work to vote, and many require paid time off, Florida is not one of them. When it comes to leave granted by your employer`s discretionary policies regarding vacation, sick leave, personal days, or paid leave (PTO), keep in mind that you may be entitled to take time off for certain reasons under federal and Florida law. The State of Florida grants additional vacation rights, and they may include; Under state law, an employer cannot require an employee to work seven consecutive days at a retail store and can deny an employee at least 24 consecutive hours of vacation to rest or pray during a seven-day period.