Can I legally be forced to work 7 days straight?

Question

My daughter works at a gas station. Her boss keeps scheduling her to work 7 days straight. Can she do this legally?

Answer 1

depends on the state in which you live. i don't think there is any laws governing days off, as long as she is paid overtime for hours in excess of 40 per week (unless she is an exempt employee, which she probably isn't if she works in a gas station).  go to the department of labor website and do some research.  

Answer 2

I imagine it depends on the state in which you live.  Assuming she is not a minor and does not have a contract that forbids that particular schedule, it could very well be legal.  For example, I'm from New York and I know that the way the law is written, one day off must be given each calendar week.  However, that could result in someone being scheduled to work up to 12 days in a row.  This could happen if the employee has off on Sunday and works Monday, Tuesday, Wednesday, Thursday, Friday, Saturday one week, then the next week works Sunday, Monday, Tuesday, Wednesday, Thursday, and Friday, then has off Saturday.  There are also nuances for the type of work done, the number of employees, etc.  Try checking the Department of Labor website for your state.

Answer 3

It would depend upon the total hours worked. Her age.  The state you live in and how badly it was important to work there.

Almost anything you agree to is legal unless there is a specific law against it.  But, I am NOT a lawyer.

Check the labor laws of your state for someone in her demographic.

Answer 4

Forced, no, she can quit.  But can she be scheduled that way legally, yes she can, and if she isn't willing to work the hours she is scheduled for she can and likely will be fired.  The only law is that if she works over 40 hours in a week, or in a few states works over 8 hours in a day, she must be paid overtime for it.

Answer 5

As I scanned through these answers many are wrong.  Yes, it is legal to make some one work seven days a week.  Many of the service industries do this and a gas station falls into that.  Employees in many fields work every other weekend.  Where I work we used to work for 13 days straight and have one satuday off- then we would work 14 days straight and have one week end off.  I know there used to be a law that you had to have one sunday a month off.  I had ajob one time where I worked 12 hour shifts every weekend.  The one day I was told I had to take off one sunday a month and make that up during the wee.  

Answer 6

yes if this is what was agreed upon prior to hiring.  But, if she has not agreed to this prior to being hired, her boss cannot do this.  And your daughter cannot lose her job if she only does the 40 hour week.

Answer 7

Absolutely.  The law only mandates that hours worked in a week over 40 be paid overtime wages.  In fact if she refuses to work the hours assigned, they can legally terminate her.

Answer 8

legally i don't know, however the answer is wrong, she can loose her job unless she has a contract of employment.  If she has no contract, and I doubt she does in gas station, she can be terminated without cause for any reason. This is called being an at-will employee.  However, if she is terminated without good cause she will be able to collect unemployment insurance benefits.

Answer 9

Legally, workers must have at least ONE day off per week, unless you are a self-employed worker, in that case you work the days you please.

She couldn't have agreed to work every day in her contract, if she has, the contract is violating the law and her boss is under perfect conditions to be punished to the full extent of the law.

Your sister must fight for her rights as an employee.

Good luck.

Answer 10

I would LOVE for people to put the state and/or country where they are from when they blog here.  NO.  If you are in the U.S. you cannot be forced to work 7 days straight unless you have a day off the preceding week. The  only person who had it partially right was "just a gurl and Absinthe."  I have seen poster "Judy" blog a dozen times.  Would love to know what she does, but certainly should not be blogging on legal.  A few here really know there stuff.  Mitch.. Catlaw.. and a few others.. but Judy really needs to get the heck out of the law & legal area....