Legal Exceptions for Working 7 Consecutive Days: What Employers and Employees Need to Know

-How can an employee legally work 7 days in a row?The employer schedules the employee without giving a day off-Both parties agree to the employment terms-The employee comes to work and refuses to take a day off-The CSLB provides the employer a special waiver from this labor law

Both parties agree to the employment terms

It is generally illegal for an employer to schedule an employee to work for 7 consecutive days without providing a day off. The Fair Labor Standards Act (FLSA) requires that covered, non-exempt employees receive at least one day off in seven-day work periods. However, there are some exceptions, circumstances, and scenarios under which an employee may legally work 7 days in a row. These include:

1. Alternative Workweek Schedules: In some states, an employer may offer their employees alternative workweek schedules under which employees work for more than eight hours a day, without overtime pay. Under these schedules, an employee can work 7 days in a row without overtime pay if their usual workweek consists of at least 40 hours within the alternative workweek schedule.

2. Emergency Situations: In case of emergency situations, such as a natural disaster, an employer may request or require their employees to work seven days in a row. Generally, this will be allowed as long as the hours worked are within legal limits, and the employer provides all accrued pay and benefits.

3. Collective Bargaining Agreement (CBA): If the employee is covered by a collective bargaining agreement, the agreement may provide for different working hours.

4. Exempt Employees: If an employee is classified as an exempt employee under the FLSA, they are not entitled to overtime pay for working more than 40 hours in a week. Therefore, if an exempt employee works 7 days in a row, they may not be entitled to overtime pay.

If an employer schedules an employee to work 7 days in a row without providing a day off and the employee feels their rights are being violated, they should speak with an employment law attorney or contact the Department of Labor.

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