Can Your Employer Make You Work Seven Days in a Row?

Can Your Employer Make You Work Seven Days in a Row?

If your employer schedules you to work seven days in a row, you may wonder whether that is even legal. After all, many employees assume that everyone is entitled to at least one day off each week.

The answer is sometimes yes. Federal law generally does not prohibit an employer from scheduling an employee to work seven consecutive days, although there are important exceptions and overtime rules to consider.

Your state may also have laws that provide greater protections than federal law.

Is It Legal to Work Seven Days in a Row?

Under federal law, an employer generally can require an employee who is at least 16 years old to work seven days in a row.

The Fair Labor Standards Act (FLSA) does not establish a general requirement that employees receive one day off each week. It also does not limit the number of days an employee can be required to work in a week.

That means working seven consecutive days is not automatically illegal under federal law.

However, the number of hours you work can affect whether your employer must pay you overtime.

When Do You Get Overtime for Working Seven Days in a Row?

For covered, nonexempt employees, federal law generally requires overtime pay when you work more than 40 hours in a single workweek.

Overtime must generally be paid at a rate of at least one and one-half times your regular rate of pay for the overtime hours.

For example, suppose your employer schedules you to work:

• Monday: 8 hours
• Tuesday: 8 hours
• Wednesday: 8 hours
• Thursday: 8 hours
• Friday: 8 hours
• Saturday: 8 hours
• Sunday: 8 hours

You worked 56 hours during the employer’s workweek.

If you are a covered, nonexempt employee, the 16 hours over 40 would generally have to be paid at the overtime rate.

The fact that some of those hours were worked on Saturday or Sunday does not by itself create an overtime requirement. The FLSA generally bases overtime on hours worked over 40 in the employer’s defined workweek.

Does Working on Sunday Automatically Mean You Get Overtime?

No.

Federal law does not generally require employers to pay extra simply because you work on Sunday, Saturday, a holiday, or another traditional day of rest.

Instead, overtime is generally triggered when a covered, nonexempt employee works more than 40 hours during the applicable workweek.

For example, if your workweek runs Sunday through Saturday and you work eight hours each day, you would have worked 56 hours in that workweek.

But if your employer’s workweek is structured differently, the seven consecutive days could cross two separate workweeks.

Can an Employer Schedule You Seven Days Without Paying Overtime?

It depends on how many hours you work during each workweek and whether you are exempt from the FLSA’s overtime requirements.

For example, imagine your employer’s workweek runs Monday through Sunday.

You work:

• Monday through Sunday: 6 hours per day
• Total: 42 hours

If you are a covered, nonexempt employee, you would generally be entitled to overtime for the 2 hours over 40.

But working seven days does not itself create an automatic overtime entitlement.

The FLSA looks at the hours worked during each individual workweek. An employer generally cannot average hours across two workweeks to avoid overtime.

What If You Work Seven Days but Only 40 Hours?

Suppose you work seven consecutive days for shorter shifts:

• Monday: 6 hours
• Tuesday: 6 hours
• Wednesday: 6 hours
• Thursday: 6 hours
• Friday: 6 hours
• Saturday: 5 hours
• Sunday: 5 hours

That adds up to 40 hours.

Under federal law, simply working seven consecutive days does not require overtime pay. The FLSA generally requires overtime after more than 40 hours in a workweek, not simply because an employee worked seven different days.

However, state law may provide additional protections.

Do Some States Require a Day Off?

Yes.

Some states have laws that regulate when employees must receive rest periods or days off. These requirements can be more protective than federal law.

For example, state laws may impose requirements involving weekly rest, meal periods, or other scheduling protections. The Department of Labor recognizes that state employment laws can provide protections beyond the FLSA.

This means the answer to whether your employer can legally schedule you seven days in a row may depend heavily on where you work.

What About Union Employees?

If you are covered by a collective bargaining agreement, your rights may be different.

A union contract may establish scheduling rules, guaranteed days off, overtime provisions, or premium pay for working certain days.

Your employer generally must follow applicable contractual obligations in addition to complying with wage-and-hour laws.

What About Salaried Employees?

Being paid a salary does not automatically mean that you are exempt from overtime.

Some salaried employees are exempt from the FLSA’s overtime requirements if they meet the applicable exemption requirements. Others may be salaried but still entitled to overtime.

The Department of Labor recognizes various FLSA exemptions, including exemptions for certain executive, administrative, and professional employees.

Therefore, whether you are paid hourly or salary is not, by itself, enough to determine whether you are entitled to overtime.

Can Your Employer Make You Work Seven Days in a Row Without Asking?

Generally, federal law does not require an employer to obtain an employee’s permission before changing a schedule.

The FLSA does not generally regulate employee scheduling for adult workers. An employer may generally change an employee’s hours unless another law, contract, collective bargaining agreement, or other binding arrangement provides different rights.

There can be exceptions, however.

For example, an employer may violate another employment law if a scheduling decision is made because of a protected characteristic or in retaliation for legally protected activity.

What If Working Seven Days Violates Your State’s Law?

If your state requires employees to receive a day of rest and your employer schedules you in violation of that law, you may have rights under state law even though federal law does not prohibit the schedule.

The appropriate agency for enforcing these requirements can vary by state.

You should check your state’s labor department or wage-and-hour agency for the rules that apply where you work.

What Should You Do If Your Employer Keeps Scheduling You Seven Days in a Row?

If you are repeatedly being scheduled seven days a week, consider taking these steps:

Check Your Workweek

Find out which day your employer’s official workweek begins and ends.

This is important because overtime is generally calculated separately for each seven-day workweek.

Keep Your Own Records

Keep a record of:

• The days you worked
• Your start and end times
• Meal periods
• Breaks
• Total hours worked
• Any schedule changes
• Your pay

Your records can be useful if there is a disagreement about how many hours you worked.

Check Your State’s Law

Federal law may permit seven consecutive workdays, but your state may impose additional restrictions.

Review Your Employee Handbook

Your employer’s policies may provide scheduling rights beyond what federal law requires.

Check Your Union Contract

If you are represented by a union, review the collective bargaining agreement for scheduling and overtime provisions.

Report Unpaid Overtime

If you are entitled to overtime but your employer is not paying it, you may be able to file a wage complaint with the U.S. Department of Labor or the appropriate state agency.

Can You Refuse to Work Seven Days in a Row?

Whether you can legally refuse depends on the circumstances.

Federal law generally does not give most adult employees a general right to refuse a schedule simply because it includes seven consecutive workdays.

However, refusing a particular assignment can involve other legal issues if, for example, the schedule conflicts with a legally protected accommodation, applicable leave rights, a union agreement, or another employment protection.

If you believe you have a legally protected reason for refusing the schedule, it is important to understand the specific law that applies before assuming you can simply decline the shift.

The Bottom Line

Yes, in many situations an employer can legally require an adult employee to work seven days in a row. Federal law generally does not require employers to give employees one day off each week.

However, that does not mean your employer can ignore overtime requirements.

For covered, nonexempt employees, federal law generally requires overtime pay for hours worked over 40 in a workweek.

Your state may also have laws requiring days of rest or providing other scheduling protections.

So if your employer has scheduled you seven days in a row, the important questions are how many hours you are working, which days fall within your employer’s workweek, whether you are exempt from overtime, and what laws apply in your state.

For more information about your rights as an employee, explore our Employee Rights resources and our Labor Laws information.

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Disclaimer

This article provides general information about employment law and is not legal advice. Employment laws vary by state and individual circumstances can significantly affect your rights. If you have a specific legal problem, consider consulting a qualified employment attorney or your state’s labor agency.

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Article: Can Your Employer Make You Work Seven Days in a Row?