Asked in Employment Law for Texas

Q: I work at a 7 eleven in Texas and haven't had a day of in a month is this legal ?

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1 Lawyer Answer
Juan B Hernandez
Juan B Hernandez
  • Licensed in Texas

A: Neither Texas labor law nor the federal Fair Labor Standards Act restricts how many days in a row an adult employee can work or be requested to work. This is referred to as the “unlimited hours rule.” This means an employee could theoretically work for weeks without a day off. Under federal law, employers can require their employees age 16 and older to work unlimited hours per week, as long as they pay them at least minimum wage and overtime as necessary. In the absence of federal requirements, states can implement hour limits and prohibit employers from requiring their employees to work excessive hours.

In Texas, the Texas Labor Code contains maximum hour limitations for certain types of employees. The Texas Labor Code contains a mandatory day of rest requirement for retail employees. Retail employees can work up to six consecutive workdays without a day of rest. However, after retail employees have worked six days consecutively, employers must give them a consecutive 24-hour rest period. The day of rest law only applies to full-time retail employees.

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