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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13752
Experience:  Experienced in multiple areas of the law.
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A friend of mine who is living in Jamestown , ND was working

Customer Question

A friend of mine who is living in Jamestown , ND was working as a Manager at a motel.
He was paid $ 450 cash each week as a salary for two weeks working 24 /7 with no days off. on his 3 rd week the owner paid him by check and took out taxes, He quit cause of the hrs he was working and no time off.
Submitted: 2 years ago.
Category: Employment Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for using Just Answer. I look forward to assisting you this evening. Can you please tell me what your legal question is please (what you want to know)? Are you wanting to know whether he is entitled to days off?
Customer: replied 2 years ago.
Hello, Is he entitled to any type of pay / compensation for working 24 /7 with no days off.
Customer: replied 2 years ago.
Is it legal for an employer to work a person 24 /7 and pay them $ 450. a week with no days
Expert:  RobertJDFL replied 2 years ago.
Thank you for your reply.There is no federal or state law that requires employers in Nevada to give employees a day off or limit the amount of hours the employee works (there are some limited exceptions, such as for minors). Thus, as absurd as it sounds, it is legal for an employer to work an employee 24/7/365. That said, Nevada law requires employers to pay employees for each hour the employee works. NV Statute 608.016 Hours worked includes all time employees works at the direction of their employer, including any time an employee works outside of their scheduled shift. NV Admin Code 608.115(1) Employers are required to pay employees for all hours worked regardless of the manner in which employees are paid, whether it is by hourly rate, salary, piece rate, or any other manner of payment. NV Admin Code 608.115(2). You don't say whether your friend was working hourly or salary; if hourly, his wage would fall below the minimum wage laws, which is something that he could file a complaint with the labor board about.Nevada law requires employers to give employees a 30-minute meal break if they will work for eight or more continuous hours. Additionally, Nevada employers must give employees a paid ten-minute rest break for every four hours or major fraction thereof the employee works. If practicable, these breaks must be provided in the middle of the work period. Breaks are not required if the employee’s total work time for the day is less than three and a half hours.Only employers with at least two employees are covered by the law. As is true for meal breaks, an employer can get an exemption from the rest break requirement from the state labor commissioner if it can show that business necessity prevents it from providing rest breaks. If I may provide any additional information, please REPLY, and I'll be happy to assist you further.
Customer: replied 2 years ago.
This was for a friend in Jamestown, ND not me in Nevada
Expert:  RobertJDFL replied 2 years ago.
My apologies! I misread it.
Unfortunately, North Dakota has no state law on days off, meaning an employer is not required to give an employee a day off or limit the amount of hours an employee works (again, with limited exception for things like minors who are employed).
North Dakota labor laws do require employers to provide employees with an unpaid 30-minute uninterrupted meal break when scheduled to work more than five hours and two or more employees are on duty. ND Admin. Code 46-02-07-02(5). An employer is not required to provide any other breaks. However, if they do, the breaks must be paid if they are less than thirty minutes.
Aside from this, there a