# Legal Limit to Working Hrs? **URL:** \ **Category:** Factual Questions\ **Created:** [September 24, 2005, 2:07pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205 "2005-09-24T14:07:50Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Jinx](https://avatars.discourse-cdn.com/v4/letter/j/c6cbf5/32.png) [@Jinx](https://boards.straightdope.com/u/Jinx)\ **Post date:** [September 24, 2005, 2:07pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/1 "2005-09-24T14:07:50Z")
Without hiring a lawyer, how can I find out if there is a Federal limit to the number of hours a salaried employee can be expected to work per 40 hr work week WITHOUT any compensation beyond the obligatory 40 hrs? Likewise, is there an easy way to find out what State laws might address this? To be clear, we’re pseudo-allowed to take time off, but only with permission if it does not impact deadlines. But, our deadlines are so ridiculously demanding, we might as well be asked to work 24/7. Mini exaggertation here because, yeah, it’s really that bad! - Jinx ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [September 24, 2005, 2:25pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/2 "2005-09-24T14:25:34Z")
> [@Jinx](#): > > Without hiring a lawyer, how can I find out if there is a Federal limit to the number of hours a salaried employee can be expected to work per 40 hr work week WITHOUT any compensation beyond the obligatory 40 hrs? Do you have anything like the European Working Time Directive? Otherwise, I suggest you point out that you’re being paid for a 40 hour week and work no more, and be prepared to walk. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [September 24, 2005, 2:42pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/3 "2005-09-24T14:42:44Z")
> [@Quartz](#): > > Otherwise, I suggest you point out that you’re being paid for a 40 hour week and work no more, and be prepared to walk. If you’re “salaried” you’re probably “exempt” meaning that by federal definition you’re exempt from federal overtime rules. Also unless your state mirrors federal rules that only applies to businesses engaged in interstate trade, which is broadly defined but if you work for a mom-and-pop may not apply to you. Federal statutes kind of define “exempt” as professional workers or workers who don’t directly produce a product. Google “exempt” and “non-exempt” and you should find the official federal warning. Once you have your classification, make sure your employer agrees. I’ll bet, though, that you’re exempt if you’re having this problem. I don’t know what state you’re in, but the next step is to Google your state regs and find out the exempt versus non-exempt statutes. Lastly, if you’re exempt and not covered by a union contract and you’re in an at-will state, there’s nothing you can do short of coming to an agreement with your management or looking for a new job, or starting a union. I don’t advocate the last choice, and no, I won’t go on to explain why, only that it’s an option even if it’s a bad one. ---
**Author:** ![Ludy](https://avatars.discourse-cdn.com/v4/letter/l/d6d6ee/32.png) [@Ludy](https://boards.straightdope.com/u/Ludy)\ **Post date:** [September 24, 2005, 3:03pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/4 "2005-09-24T15:03:43Z")
In my experience full time (40hrs), can now be considered 44hrs per week in my governments eyes. This past summer the company I was working for was using the option of if the time worked out to 220 hours over five weeks no overtime was paid out. This worked out great for them because for about a week and a half we were working non stop and then had two weeks of less than full time. Basically it balanced in the wash. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [September 24, 2005, 3:05pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/5 "2005-09-24T15:05:13Z")
> [@Jinx](#): > > Without hiring a lawyer, how can I find out if there is a Federal limit to the number of hours a salaried employee can be expected to work per 40 hr work week WITHOUT any compensation beyond the obligatory 40 hrs? Likewise, is there an easy way to find out what State laws might address this? I don’t believe there is such a limit. Medical residents routinely work 100+ hour work weeks. They are fighting to have limits to no more than 80 hour work weeks in the interest of patient safety in some states. Likewise, new lawyers working for law firms often work 80+ hours a week. You would think that if those laws existed then lawyers would be the ones to know. My wife’s family company often requires 60 - 100 hour work weeks during their holiday busy season. Unless you are paid by the hour (non-exempt), I don’t think there is any recourse in most states. ---
**Author:** ![lorinada](https://avatars.discourse-cdn.com/v4/letter/l/b5e925/32.png) [@lorinada](https://boards.straightdope.com/u/lorinada)\ **Post date:** [September 24, 2005, 3:47pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/6 "2005-09-24T15:47:54Z")
> [@Shagnasty](#): > > I don’t believe there is such a limit. Medical residents routinely work 100+ hour work weeks. They are fighting to have limits to no more than 80 hour work weeks in the interest of patient safety in some states. Likewise, new lawyers working for law firms often work 80+ hours a week. You would think that if those laws existed then lawyers would be the ones to know. My wife’s family company often requires 60 - 100 hour work weeks during their holiday busy season. Unless you are paid by the hour (non-exempt), I don’t think there is any recourse in most states. It’s all right [here](http://www.dol.gov/esa/whd/). ---
**Author:** ![lorinada](https://avatars.discourse-cdn.com/v4/letter/l/b5e925/32.png) [@lorinada](https://boards.straightdope.com/u/lorinada)\ **Post date:** [September 24, 2005, 3:49pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/7 "2005-09-24T15:49:28Z")
Sorry, meant to quote the OP\> ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 24, 2005, 7:57pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/8 "2005-09-24T19:57:46Z")
> [@Jinx](#): > > Without hiring a lawyer, how can I find out if there is a Federal limit to the number of hours a salaried employee can be expected to work per 40 hr work week WITHOUT any compensation beyond the obligatory 40 hrs? Likewise, is there an easy way to find out what State laws might address this? > > To be clear, we’re pseudo-allowed to take time off, but only with permission if it does not impact deadlines. But, our deadlines are so ridiculously demanding, we might as well be asked to work 24/7. Mini exaggertation here because, yeah, it’s really that bad! - Jinx I am not your lawyer. I am probably not licensed in your state. This is not legal advice. In fact, I’m just kidding. Do not attempt at home. Do not fold, spindle, or mutilate. Rotate your tires . . . . Others have pretty much nailed it down. Couple of things to think about: 1. Are you exempt? If no, then they have to pay you overtime for every hour over 40 per week. 2. Has your employer ever docked you for missing less than a full day of work? If they dock you, and don’t fix it within the “window of correction” they lose your exemption, and can be required to pay you overtime. 3. What does state law say about it? State laws have all kinds of goodies in them. Take a look. If none of these help you, you are probably out of luck. Hope this helps. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 24, 2005, 8:36pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/9 "2005-09-24T20:36:49Z")
> [@Gfactor](#): > > I am not your lawyer. I am probably not licensed in your state. This is not legal advice. In fact, I’m just kidding. Do not attempt at home. Do not fold, spindle, or mutilate. Rotate your tires . . . . > > 1. Has your employer ever docked you for missing less than a full day of work? If they dock you, and don’t fix it within the “window of correction” they lose your exemption, and can be required to pay you overtime. That’ll teach me to do this from memory. This statement implied that the window of correction was time-limited. It isn’t. Here is the regulation. [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f8b5dfe53c02c2db9a334545678a35dc&rgn=div8&view=text&node=29:3.1.1.1.21.7.72.4&idno=29](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f8b5dfe53c02c2db9a334545678a35dc&rgn=div8&view=text&node=29:3.1.1.1.21.7.72.4&idno=29) If the employer screws up and docks another employee with the same job classification as you, you become non-exempt too, if you work under the same manager. But, the loss of exemption only lasts as long as the docking continues. > [@](#): > > Thus, for example, if a manager at a company facility routinely docks the pay of engineers at that facility for partial-day personal absences, then all engineers at that facility whose pay could have been improperly docked by the manager would lose the exemption; engineers at other facilities or working for other managers, however, would remain exempt. \*Id. \* ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [September 24, 2005, 10:04pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/10 "2005-09-24T22:04:07Z")
To clarify (from the other direction) – if you really are a salaried employee doing work that qualifies for exempt status, under federal law they can make you work as much as they want. The 40 hour work week doesn’t exist for exempt employees. Now, just because your boss says your exempt, that doesn’t mean it’s so – certain conditions must be met, and you need a lawyer to help you work through them if you’re not sure you qualify. I don’t know of any state that has an absolute limit on the number of hours an employee can be forced to work, but some states have much more generous overtime provisions than the federal law. –Cliffy –Cliffy ---
**Author:** ![Harriet\_the\_Spry](https://avatars.discourse-cdn.com/v4/letter/h/e56c9b/32.png) [@Harriet\_the\_Spry](https://boards.straightdope.com/u/Harriet_the_Spry)\ **Post date:** [September 24, 2005, 10:15pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/11 "2005-09-24T22:15:06Z")
Agreed. If you are exempt from the Fair Labor Standards Act, it is “All You Can Work for One Low Low Price.” Any limits on hours worked would come from a union contract, possibly industry regulation (such as FAA for airlines or DOT for transportation) based on safety or possibly state law. There is also the possibility you are being treated as exempt but really are not, in which case still no limits on hours, but if they had to pay you time and a half they probably wouldn’t be too keen on all the overtime anymore. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 24, 2005, 10:25pm UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/12 "2005-09-24T22:25:01Z")
[Linky-link](http://www.ewin.com/articles/restper.htm) to a summary of state labor laws on breaks, mealtimes, days off, and maximum hours. The high points: > [@](#): > > One would think that there would be many state labor codes which restrict the number of hours that an employee could be forced to work in a workweek. The only state in the country with a maximum number of hours for the average employee is California – 72 hours. Most other states do have some regulations regarding maximum hours for child labor, or specific industries such as trucking, farming and agriculture, and a few for health care, but only California has addressed the problem for non-specific occupations. But an update says: > [@](#): > > In Maine, a law was passed which limits mandatory overtime to 80 hours in a two-week period. These states require employees to have one day off in every seven: > [@](#): > > ``` > * California > * Illinois > * Maryland > * New York > * North Dakota > * Rhode Island > * Virginia > > ``` Some states require employees to get breaks or mealtimes. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [September 25, 2005, 3:37am UTC](https://boards.straightdope.com/t/legal-limit-to-working-hrs/323205/13 "2005-09-25T03:37:08Z")
(Let’s not lose sight of the fact that if you work for someone that wants to “screw you over” it’s probably better not to want to work for that person in the first place. Our economy really isn’t all that bad unless you’re a web designer.)