Working Hours: Understanding Your Legal Work Day Limits

The number of hours a person can work each day is dependent on several factors, including their age, occupation, and location. While there is no federal law that limits the number of hours a person can work per day, there are laws that mandate overtime pay for hours worked beyond a certain threshold. For example, the Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168-hour period is considered overtime, and employees must be compensated with overtime pay. Additionally, certain states, like California, have their own overtime laws that apply to daily work hours, requiring overtime pay for work beyond eight hours in a day. Aside from overtime regulations, specific occupations, such as truck driving, have industry-specific regulations that limit work hours. Lastly, there are also laws that restrict the number of hours minors can work per day, with different rules for those above and below 16 years of age.

No federal law limits the number of working hours for adults

In the United States, no federal law limits the number of hours adults can work per week. The Fair Labor Standards Act (FLSA) does not regulate how many hours an individual can work in a day or how many consecutive days they can work. Instead, the FLSA ensures that non-exempt employees who work more than 40 hours a week receive overtime pay at a rate of one and a half times their normal pay.

While there is no federal law mandating rest periods, many state laws do require these. For example, in California, non-exempt workers are entitled to an unpaid 30-minute meal break if they work more than five hours in a day and a paid 10-minute rest break for every four hours worked. Additionally, employees who work more than 10 hours in one day are entitled to a second meal break.

Some industries, such as trucking, aviation, and medicine, have regulations that limit the number of hours that can be worked in a day. For example, the Department of Transportation (DOT) has rules that put a daily driving limit on interstate truckers, limiting shifts or work periods to 14 consecutive hours or fewer, with only 11 hours of driving time. Similarly, the Federal Aviation Administration (FAA) limits the number of hours that can be flown by pilots and other flight crew members.

It is important to note that while there may not be a federal law limiting the number of working hours for adults, employers are still required to maintain accurate records of employee working hours, including hours worked per day, clock-in and clock-out times, breaks, and overtime. This helps ensure compliance with other labor laws and regulations.

FLSA mandates overtime pay for non-exempt workers

In the United States, the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The FLSA does not regulate the number of hours a person can work in a day or how many days they can work in a row. However, it does mandate the federal minimum wage and overtime pay for non-exempt workers.

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. This means that covered non-exempt workers must receive a minimum wage of not less than $7.25 per hour and overtime pay at a rate not less than one and one-half times the regular rate of pay for hours worked over 40 per workweek.

The FLSA allows for exemptions from these overtime and minimum wage requirements for certain employees who work in administrative, professional, executive, highly compensated, outside sales, and computer professional jobs. These employees are known as "exempt" employees. To be considered "exempt," these employees must generally satisfy three tests: the salary-level test, the salary-basis test, and the duties test. For example, to qualify for the outside sales employee exemption, the employee's primary duty must be making sales.

It is important to note that some roles are exempt from FLSA coverage, which affects overtime eligibility. For instance, auto, truck, or farm implement parts clerks and mechanics employed by non-manufacturing establishments are commonly exempt from overtime. However, this exemption is not determined by job title alone; the employee's specific job duties and salary must meet specific regulatory requirements.

Minors have maximum hour laws in some states

In the US, there is no federal law that limits how many hours a person can work in a single day. However, some state labor laws have maximum hour laws for minors. These laws vary from state to state, and it is important to refer to the specific legislation in your state. Generally, minors under 16 may not work more than eight hours per day and 40 hours per week when school is not in session, and they may not work more than three hours per day and 18 hours per week when school is in session. For example, in Maine, minors under 16-17 enrolled in school may work up to 50 hours during any week that school is in session for less than three days. In contrast, Wisconsin has no limit on daily hours or night work for 16- and 17-year-olds during non-school weeks, but they must be paid time and a half for work exceeding 10 hours per day or 40 hours per week.

Some states also have exceptions or special conditions for minors engaged in specific employment, such as street trades, recreation and entertainment, and jobs in establishments offering alcoholic beverages for sale. For instance, students aged 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours for up to three hours on a school day and 23 hours in a school week. Additionally, minors are typically not allowed to work before 7 a.m. or after 7 p.m., except between June 1 and Labor Day, when the evening hour is extended to 9 p.m.

While there is no federal law restricting the number of hours 16- to 18-year-olds can work, most states have their own laws in this regard. New York, for instance, prohibits minors aged 16 and 17 from working more than 28 hours per week while school is in session, whereas many other states allow 16- and 17-year-olds to work 40 or more hours per week, even when school is in session.

State laws also differ in their requirements for employment certificates, which are also called work permits. These certificates are legally binding documents that verify a minor's age to protect employers from unintentionally violating child labor laws. Some states require them in specific situations, while others do not issue them at all. Employers who violate minor labor laws may face hefty fines and even imprisonment if the violation is deemed willful or repeated.

California law requires overtime pay for work over eight hours

In California, there is generally no cap on the number of hours a person can work in a day. However, California labour laws mandate that non-exempt employees are entitled to overtime pay if they work more than eight hours in a day or more than 40 hours in a week. This overtime pay is to be at one-and-a-half times the employee's regular rate of pay. Any work in excess of 12 hours in a day is compensated at no less than double the employee's regular rate of pay.

There are a number of exemptions from the overtime law, which means that the law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law, which means that overtime is paid to a certain classification of employees on a different basis. For example, pursuant to Wage Order 5, resident managers at old-age facilities with fewer than eight beds are exempt from daily overtime. However, they should receive time-and-a-half overtime pay for working more than 40 hours or six days in a workweek.

California labour laws also require that employees receive overtime pay for any work performed on their seventh consecutive day of work in a workweek. The first eight hours of work on the seventh day are compensated at one-and-a-half times the employee's regular rate of pay, and any work in excess of eight hours is compensated at twice the regular rate of pay.

Additionally, under California law, the day of rest rules are usually not applicable to workers who work less than six hours a day or 30 hours a week. However, if a worker works more than 30 hours in a given workweek, they are entitled to a day of rest.

Some industries have regulations that limit working hours

While there are no federal laws that limit the number of hours a person can work in a single day, some industries do have regulations that limit working hours. This is because working long hours can take a toll on the health, safety, and productivity of employees.

For example, in the United States, the Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168-hour period is counted as overtime. This means that employees who work over 40 hours in a week are entitled to one-and-one-half times their regular rate of pay for the overtime hours. The FLSA also dictates standards for overtime pay in both the private and public sectors, and it requires that employees must receive at least the minimum wage.

Additionally, some state labor laws have maximum hour laws, especially for minors. For example, in California, non-exempt workers are entitled to an unpaid 30-minute meal break if they work more than five hours in a day and a paid 10-minute rest break for every four hours of work.

Another industry that regulates working hours is the trucking industry. The Department of Transportation (DOT) hours of service rules put a daily driving limit on interstate truckers: shifts or work periods must be 14 consecutive hours or fewer, driving can only be done during 11 hours of that 14-hour period, and there must be at least 10 consecutive hours off duty before starting a new shift. These regulations penalize truckers and their employers for driving longer than the allowed hours.

Frequently asked questions