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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29312
Experience:  Former judicial law clerk, lawyer
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Is there a maximum number of hours an exempt nurse can work

Customer Question

Is there a maximum number of hours an exempt nurse can work in a day or in a week?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

There are no laws regarding the number of hours an exempt employee is allowed to work per day or per week, or any required number of hours between shifts. The nature of exempt employment is that the individual is expected to work however many hours are necessary to get the job done (and is, in theory, compensated accordingly).

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Customer: replied 1 year ago.
the nursing home can make the nurse work more than 12 hours in a row what if the get into a accident doing more than 12 in a row how's fault is it then
Expert:  Lucy, Esq. replied 1 year ago.

If a nurse makes a mistake at work, the nursing home would be liable under principles of respondeat superior. If you're talking about a situation where the employee is in a car accident while driving home, I'm sorry to say, they are not liable for that. It's still up to the individual not to drive if they are too tired to do so safely - whether that means resting until it's safe to drive or seeking an alternate means of transportation. Because there are no laws regarding what hours an exempt employee can work, there are no laws that can make an employer responsible for the employee's safety after leaving work if they worked multiple hours.

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