This thread originated in 2006. Read more about Rest Periods Surprising as it might sound, no laws prevent employers from scheduling workers for 144 hours out of every week, provided that the employer is in compliance with other wage-and-hour laws… Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day. Thank you. Employment Law Division and The Virginia Labor are accountable for imposing several of the laws connected with Virginia employee rights. Fair Labor Standards Act: 24-Hour Duty Sleep Time. But, if you earn at or near the minimum wage, you may be owed a split shift premium (an hour of pay at the minimum wage), or if the two shifts are on the same day, you will probably be owed some overtime if you work more than 8 hours in a workday. I am in a saleried position in a large retail chain. check out the. I work 48-50 hours per week. It also includes time employees are employed or permitted to work. of Labor: Wage and Hour FAQs. There is no law which prevents employers from scheduling fewer than 8 hours between shifts. And I do not believe that scheduling a 7 1/2 hour break between shifts qualifies as a "split shift" as defined by the Wage Orders. Whether breaks are required is left up to the states. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. The ordinance covers employers in the retail, food and hospitality industries with 30 or more locations nationwide (including franchises and chains) and 250-plus employees in total. Employment Law Division and The Virginia Labor are obligated to make sure that they are enforcing the Payment of Wage Act in order to guarantee that workers of Virginia are paid the federal minimum wage on-time and in state-accepted income means. Federal wage and hour law does not require that employees be provided either paid or unpaid rest or meal periods. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Federal law does not require an employer to provide a break between shifts, nor does … The CLL requires minors to obtain work permits prior to beginning work. Similarly, there is no state law that requires a certain amount of time off between shifts. There are even exceptions to that and the Bush Administration has rewritten the regulations without a change in the underlying U.S. Code to exempt many more jobs to satisfy some of their campaign donors. i dont see it right since he didnt ask to go onto 1st shift as he was forced.. all do to the product not coming in on a regular basis.. one more question before i leave do they have to give a notice before tell them that they have to change shifts?? U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks that are provided, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (, No minor under the age of 18 may work for more than 5 hours continuously without a 30-minute lunch period. The $5.57 is then divided in half, $2.785, to arrive at the half time rate. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. Truck and bus drivers must generally take a minimum of eight hours off between shifts, and their shift hours are often capped. (48 manditory) My availability is complete except that I cannot work between 6-11pm Tuesdays and Thursdays. The federal law that established the 40 hour week does not require an eight hour day - and even then it just requires overtime beyond the first 40 hours. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Note that the working hours must be more than 6 in order to attract a break. Last, the law requires employers to provide a minimum number of hours off between shifts and priority on open shifts. Exceptional Circumstances The Fair Labor Standards Act (FLSA) does not require extra pay for night work. This page was generated at 03:40 PM. The Labor and Statistics Division of the Tennessee Department of Labor and Workforce Development oversees and enforces child labor laws, prevailing wage, and wage regulation in the state. So generally, we are scheduled to work three different shifts: Open - 5am-4pm, Midday - 9am-8pm, or Close - 12pm-11pm. The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. To the best of my knowledge PA has no law requiring any particular number of hours between shifts. The 44 hours are then divided into the $245.00 to arrive at the regular average hourly rate of $5.57 per hour. You would need some kind of evidence that you are being poorly treated BECAUSE OF your religion to bring a discrimination case. Staff who regularly work at least 3 hours during the ‘night period’ are night workers. The night period is 11pm to 6am, unless the worker and employer agree a different night period. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. Unlawful about scheduling less than 8 hours between shifts and priority on open shifts on specific! Contained on LaborLawTalk.com are opinions and suggestions of members and is not a substitute for legal.! 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