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  1. #1

    Default Is it Legal to Require Eight Consecutive Days of Work, No Rest

    My question involves employment and labor law for the state of: Texas
    I am scheduled to work 7 days straight without a day off and I already have maximum of 40 hours, is this leagal for them to do this to me?
    Also, they scheduled me to work on a day I normally have off and see my therapist.

  2. #2
    Join Date
    Mar 2007
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    As long as they pay you appropriately, it is legal for them to have you working 365 days in a row. Not what I would recommend, but legal.

  3. #3
    Join Date
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    Massachusetts
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    Just to make sure it is absolutely clear, cyjeff's answer is correct for the poster's state and for most states. There are a few (a very few) states that require one day off in a seven day period but those states are in the minority and Texas is not one of them.

  4. #4
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    Quote Quoting cbg
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    Just to make sure it is absolutely clear, cyjeff's answer is correct for the poster's state and for most states. There are a few (a very few) states that require one day off in a seven day period but those states are in the minority and Texas is not one of them.
    Agreed. My answer was specifically for Texas. Last time I checked there were, what, 2 or 3 states that have restrictions?

  5. #5
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    Il.(near StL,Mo.)
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    There are a few more than 2 or 3 but very few & some have exemptions/exceptions (such as for
    certain establishments only). However, you are correct that Texas is not one of them.

  6. #6
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    More like six or seven. But since we occasionally get smart alecs coming in with, well, that's not true in x state, I was trying to forestall that.

  7. #7
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    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    Quote Quoting cbg
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    More like six or seven. But since we occasionally get smart alecs coming in with, well, that's not true in x state, I was trying to forestall that.
    Really! We get smart alecs here?

  8. #8
    Join Date
    Apr 2010
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    Republic of Texas
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    18

    Default Re: Is it Legal to Require Eight Consecutive Days of Work, No Rest

    Quote Quoting Betty3
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    Really! We get smart alecs here?
    Well, here's another one--

    Texas has a relatively obscure provision in the labor code that says an employer at retail can't require full time employees to work seven consecutive days. It's defined as a class C misdemeanor to do it, and there are ways around it, all involving the employee agreeing to do it, but it's on the books. It's a throwback to the old blue laws, which required retail businesses to close on one day of each weekend.

    Here's the law--Section 52 of the Texas Labor Code:
    Sec. 52.001. RETAIL EMPLOYER. (a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
    (b) The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.
    (c) The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
    (d) This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.

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