Q: Can my employer make me work 12+ hours with no communication of what time I will be able to leave?
I worked an over night 7pm-current time 2pm the next day & im still waiting for someone to relieve me and the guy who hired me has not texted or called to let me know if someone is on there way or if I will be staying here longer or if I could even take a break.
A:
There is nothing unlawful with an employer telling you to work until relieved, even if that might involve 12 or more hours. I have seen people in your situation be required to work 24 hours and more. That is not unlawful.
What is unlawful is if you are not being properly being paid overtime for this work, or if you are not being given a reasonable opportunity to take a legally compliant meal or rest period.
When you work more than 8 hours in a workday you are entitled to overtime (1.5 times your regular rate). If you work more than 12 hours in the same workday, you are to receive double overtime (2 times your regular rate). Note that overtime is determined based on the number of hours you work in a workday, not a shift. A workday is a 24 hour period of time designated by your employer as a workday. The default workday is midnight to midnight.
As to meal and rest periods, your employer has an obligation to provide you with a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four hours (or major portion thereof) that you work. You also must be given a reasonable opportunity to take a thirty-minute, off-the-clock, uninterrupted and duty-free meal period on any workday when you work more than 5 hours.
If you are not given the reasonable opportunity to take the rest periods described above, you are entitled to a penalty wage in the amount of one hour of pay at your regular rate for every day you were denied at least on such rest period. You are entitled to another hour of pay for every day you were denied the meal period as described.
Good luck to you.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
