An employee required to work more than 12 consecutive hours under the Act’s exception for unforeseeable emergent circumstance or who volunteers to work more than 12 consecutive hours shall receive 10 consecutive hours of off- duty time immediately following the worked overtime. No period of less than 30 minutes will be deemed to interrupt a continuous period of work (PA Stat. The minimum time between shifts a worker should have in his working day is 20 minutes where his working hours are more than 6 hours. There is no law which prevents employers from scheduling fewer than 8 hours between shifts. The federal law that established the 40 hour week does not require an eight hour day - and even then it just requires overtime beyond the first 40 hours. Similarly, there is no state law that requires a certain amount of time off between shifts. I work the overnight shift and there has been a couple of occasions where they''ve asked us to come in at 2:30pm when we get out at 7:30pm. So yes, it is legal to have only six hours between shifts unless there is a law specific to your industry. Whether breaks are required is left up to the states. An employee may waive this off-duty time, however. Then the 4 hours of over-time (44 hours minus 40 equals 4 hours of over-time), times $2.785 equals an additional $11.14 in overtime wage due in this week. Staff who regularly work at least 3 hours during the ‘night period’ are night workers. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Read more about Rest Periods Therefore, if a worker works from 8am … U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks, including meal periods, rest periods, and sleeping time, if provided, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).There are … The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. 43 Sec. Indiana State Law on Breaks for Employees With the exception of minors and nursing mothers, the Indiana Department of Labor does not have a law requiring that employers provide breaks of any kind – lunch, rest, bathroom – to employees. Pennsylvania Child Labor Law General Information The Pennsylvania Child Labor Law (CLL) was enacted to "provide for the health, safety, and welfare of minors by forbidding their employment or work in certain establishments and occupations, and under certain specified ages." (48 manditory) My availability is complete except that I cannot work between 6-11pm Tuesdays and Thursdays. The Labor and Statistics Division of the Tennessee Department of Labor and Workforce Development oversees and enforces child labor laws, prevailing wage, and wage regulation in the state. Note that the working hours must be more than 6 in order to attract a break. Employees must, with two exceptions, receive at least eight hours free from work between shifts, whether they are "split shifts," "on call shifts," "back-to-back" shifts or ordinary daily shifts. All times are GMT-8. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. The laws prohibit on-call scheduling for retail employees within 72 hours of the shift starting; ban fast food employers from scheduling shifts with fewer than 11 hours between … I work 48-50 hours per week. Our shifts are 11 hours with an unpaid hour lunch. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. Additionally, these workers may not be scheduled between the hours of 7:00 p.m.to 7:00 a.m. during the school year and between 9:00 p.m. to 7:00 a.m. during the summer months. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. There's nothing unlawful about scheduling less than 8 hours between shifts. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. To the best of my knowledge PA has no law requiring any particular number of hours between shifts. Employment Law Division and The Virginia Labor are accountable for imposing several of the laws connected with Virginia employee rights. 46). The Fair Labor Standards Act (FLSA) does not require extra pay for night work. There are no federal or Pennsylvania laws regarding maximum hours, required hours off between shifts, rest breaks or meal breaks (except meal breaks for employees under age 18). my husband works for a good company here in pa.. his normal hours are second shift which is 4 pm to 1230 am or later... my problem is that he went to work today and was told that his shift has to work dayshift for the next possible 3 weeks... my question is that most guys that he works with only is going to get atleast 3 hours of sleep tonight before going back to work at 6 am to when ever?? For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. Rest between shifts is not required if: the total time worked during both shifts does not exceed 13 hours; or Surprising as it might sound, no laws prevent employers from scheduling workers for 144 hours out of every week, provided that the employer is in compliance with other wage-and-hour laws… check out the. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. Ti. PA Dept. Last, the law requires employers to provide a minimum number of hours off between shifts and priority on open shifts. U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks that are provided, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (, No minor under the age of 18 may work for more than 5 hours continuously without a 30-minute lunch period. So yes, it is legal to have only six hours between shifts unless there is a law specific to your industry. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. OSHA, State, & Federal Labor Laws Posting Requirements, If this is your first visit, be sure to Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day. It defines hours worked as time employers require employees to be on its premises, to be on duty, or to be at a prescribed work place. You would need some kind of evidence that you are being poorly treated BECAUSE OF your religion to bring a discrimination case. i dont see it right since he didnt ask to go onto 1st shift as he was forced.. all do to the product not coming in on a regular basis.. one more question before i leave do they have to give a notice before tell them that they have to change shifts?? Fair Labor Standards Act: 24-Hour Duty Sleep Time. This page was generated at 03:40 PM. I am in a saleried position in a large retail chain. Fair Labor Standards Act Provisions The Fair Labor Standards Act only requires that employers provide a minimum wage -- $7.25 at the time of publication -- to all workers, save tipped employees. Minor workers age 16-years-old to 17years-old have no federal restrictions on hours between shifts but may not be scheduled for more than eight hours per day. Pennsylvania has provisions requiring meal periods for minors. Last reviewed on May 22, 2018. All Rights Reserved. The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. If an employee has time between shifts and is free to use the time as he wishes, the company does not have to pay the employee for the time. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). The Fair Labor Standards Act mostly addresses issues such as child labor… Federal wage and hour law does not require that employees be provided either paid or unpaid rest or meal periods. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor requirements of … The $5.57 is then divided in half, $2.785, to arrive at the half time rate. A split shift is an interruption … If an employer chooses to provide a break and it lasts less … Employees who feel they were discriminated against based on a protected trait can directly contact the Tennessee Commission on Human Rights at 615-741-5825. The 44 hours are then divided into the $245.00 to arrive at the regular average hourly rate of $5.57 per hour. If it does, then the terms of the contract or CBA apply. Some on-call … Federal law does not require an employer to provide a break between shifts, nor does … And I do not believe that scheduling a 7 1/2 hour break between shifts qualifies as a "split shift" as defined by the Wage Orders. The night period is 11pm to 6am, unless the worker and employer agree a different night period. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. This depends on the particular situation. No period of less than 30 minutes will be deemed to interrupt a continuous period of work (. My question involves employment and labor law for the state of: Pennsylvania 1)Is there a law for how much time between shifts you should have? There are no general laws in Georgia regarding time required between shifts, but there are certain types of professions (airline pilots for example or people who operate heavy or dangerous machinery) who are required for public safety reasons to be given time to rest. I suspect the issue has been resolved by now. Don't I Have to Be Paid for "On-Call" Time? A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. This thread originated in 2006. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.” Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. Well-rested employees are usually productive employees, so it stands to reason that employers want their workers to get adequate sleep even when they're on duty. It also includes time employees are employed or permitted to work. There are even exceptions to that and the Bush Administration has rewritten the regulations without a change in the underlying U.S. Code to exempt many more jobs to satisfy some of their campaign donors. Code 231.1(b) 5 i know i am going to have the problem along with most of the wives have if my husband hurts himself to please them.. thank you ... he does get the overtime pay but with him going to daylight he loses his 50 shift difference now for 3 weeks .. now is this legal?? of Labor: Wage and Hour FAQs. But, if you earn at or near the minimum wage, you may be owed a split shift premium (an hour of pay at the minimum wage), or if the two shifts are on the same day, you will probably be owed some overtime if you work more than 8 hours in a workday. Because of this, employers are free to schedule employees in shifts of any length and without providing at least 12 hours rest between two shifts. Employment Law Division and The Virginia Labor are obligated to make sure that they are enforcing the Payment of Wage Act in order to guarantee that workers of Virginia are paid the federal minimum wage on-time and in state-accepted income means. So generally, we are scheduled to work three different shifts: Open - 5am-4pm, Midday - 9am-8pm, or Close - 12pm-11pm. Pennsylvania Code 43-40.3(a) Employers are not required to provide breaks to employees eighteen (18) and over. PA Admin. LaborLawTalk.Com 2011. The ordinance covers employers in the retail, food and hospitality industries with 30 or more locations nationwide (including franchises and chains) and 250-plus employees in total. I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. To the best of my knowledge PA has no law requiring any particular number of hours between shifts. The CLL requires minors to obtain work permits prior to beginning work. No minor under the age of 18 may work for more than 5 hours continuously without a 30-minute lunch period. Exceptional Circumstances Truck and bus drivers must generally take a minimum of eight hours off between shifts, and their shift hours are often capped. 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