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How many hours can a company make you work?

By - Mar. 13, 2023

The maximum number of hours a company can make you work depends on the laws in your place of work. In the US, for example, federal law requires employers to pay overtime to employees who work more than 40 hours in a workweek. Some states also have laws that limit the number of hours an employee can work in a given day.

The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168-hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. However, many employees work unusual shifts and go above and beyond this standard, putting in more than the average 40 hours. For example, emergency situations, times of business transition, and when resources are scarce often require longer shifts. Such shifts usually come without warning and can take their toll on the health, safety, and productivity of employees.

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

The Fair Labor Standards Act (FLSA) covers employees in the following industries:

  • Interstate commerce and those who handle, sell, or work on goods or materials for interstate commerce if the company has over $500.000 in annual dollar volume of business. You can find out more details on companies below that amount on the Wages and Hours Worked: Minimum Wage and Overtime Pay page.

  • Hospitals

  • Institutions engaged in caring for the sick, aged, disabled, or mentally ill

  • Schools for mentally ill, disabled, or gifted children

  • Preschools

  • Elementary schools

  • Secondary schools

  • Higher education institutions

  • Federal, State, and local government agencies

  • Day workers

  • Housekeepers

  • Chauffeurs

  • Cooks

  • Full-time babysitters

Finally, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for overtime pay in both the private and public sector. On a workweek basis, this act requires employers to pay a wage of 1 1/2 times an employee's normal pay rate after that employee has completed 40 hours of work for workers 16 and over. Weekend or night work does not apply for overtime pay unless it is over the mandated 40 hours.

How many hours can a company make you work?

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