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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a salaried employee can I be made to work 12 hour days

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I am a salaried employee can I be made to work 12 hour days for twenty days in a row without compensation or comp time?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common situation, as a salaried exempt employee, the employer is allowed to set the hours and days of work, under Federal and State laws,

wallstreetfighter :

there is no limit on how many hours an employee who is exempt or not can work,

wallstreetfighter :

the law only provides that an employer pay overtime for non exempt employees,

wallstreetfighter :

If you are part of a Union, you need to file a grievance and see if they will take the issue up with your employer,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer: replied 4 years ago.

Can you help me with find the federal citation you base your answer on so that when I share the answer with the employees (I'm the union steward) they will be satisfied? I'd appreciate you directing me toward this.

There is no limit on the number of hours a salaried exempt employee 16 years of age or older, who meets the requirements of 29 C.F.R. Part 541, may work per day or per week. A salaried non-exempt employee is subject to the same 40 hours per week overtime standard as employees paid on an hourly basis. The FLSA does not set daily limits on the number of hours an employee 16 years of age or older may be requested to work, but some state laws do set such daily limits.

You can show the employees the DOL answer sheet:
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