A Message from Perona Langer Beck Serbin Harrison COVID-19 Virus Update

Call Us Anytime At (800) 435-7542
  • Email Us
  • Call Us Today (800) 435-7542

Ask an Employment Law Attorney: Do OSHA Guidelines Cap the Number of Hours I Can Work in a Day?

Ask an Employment Law Attorney: Do OSHA Guidelines Cap the Number of Hours I Can Work in a Day?

Ask an Employment Law Attorney: Do OSHA Guidelines Cap the Number of Hours I Can Work in a Day?According to the Occupational Safety and Health Administration (OSHA), a typical workday cannot exceed 8 hours in length, with at least 8 hours of respite between each shift. Five of these days make up a typical workweek. But this is not a binding agreement. Employers who ask for more are not subject to OSHA sanctions.

That said, there are exceptions. For example, certain jobs, such as trucking, have limits on how many hours in a day the driver can be on the road. Keep reading to get more information on this topic or contact PLBSH at (800) 435-7542 now for a free legal consultation.

Do long workdays have an impact on employee safety?

Yes, research has indicated that atypical or lengthy shifts have a detrimental effect on worker safety. According to one study, the likelihood of an accident or error increased by 13% for 10-hour shifts and by 28% for 12-hour shifts compared to eight-hour shifts.

OSHA advises companies to typically adopt a regular work shift due to these heightened risks of workplace injuries. A typical shift only occurs five days a week, lasts no longer than 8 hours straight, and is separated from other shifts by at least 8 hours of respite. Longer shifts or atypical schedules that need more worker flexibility are advised to be employed as sparingly as possible, according to OSHA.

According to OSHA, often using lengthy work schedules might result in burnout among employees, frequent absenteeism, usage of sick days, tiredness, and a rise in workplace accidents and injuries. These are merely suggestions, though. These OSHA rules and regulations are not legally binding.

Do federal laws have a limit on the amount of hours I can work each day?

In general, the number of hours you can work in a day is not restricted by any federal law. However, certain businesses, like transportation, may be impacted by particular restrictions. Minors may also be subject to maximum hour restrictions under some state labor regulations.

The Fair Labor Standards Act, or FLSA, is a federal statute that governs all workers. How many hours you can work in a day is not governed by this regulation. Additionally, it does not limit the number of consecutive days you can work.

The FLSA does, however, require non-exempt employees to receive overtime pay and to be paid the federal minimum wage. For each hour you work over 40 in a workweek as a non-exempt employee, you are entitled to one-and-one-half (1.5) times your regular rate of pay. 6 These legal rules are enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL).

Overtime compensation may be more generous depending on state laws. For instance, non-exempt workers in California are entitled to overtime pay if they work more than 8 hours per day, 40 hours per week, or six straight days.

State and federal overtime rules may dissuade companies from making an employee work a lot of hours in a day by mandating overtime pay. This disincentive does not, however, benefit full-time exempt employees, such as professionals and some salaried workers.

Some industries have limits on how many hours workers can work

The number of hours you can work in a day is regulated in some professions, such as trucking. Interstate truckers’ daily driving hours are restricted by the Department of Transportation’s (DOT) hours of service regulations. Driving is only permitted during the first 11 hours of a shift or work period, and there must be at least 10 hours between shifts. Shifts or work periods must be no longer than 14 hours in length.

If you have been required to work a long shift and it led to an injury at work, you can apply for workers’ compensation and might have grounds for a personal injury lawsuit. Contact PLBSH at (800) 435-7542 to speak to an attorney who could help.

AWARDS & AFFILIATIONS
Certified Workers'
Compensation Specialist
Rated by Super Lawyers


loading ...

QUESTIONS? Call us anytime at (800) 435-7542

PLBSH Located at
300 East San Antonio Drive, Long Beach, CA.
PLBSH Logo Phone: (800) 435-7542

Free Consultation

×