Is it legal to work a 24 hour shift without a break?
I have a friend who works in a gas station. She was supposed to work from 4pm-11 and then go back into work at 8am-4pm. Well, apparently the third shift person called out and they couldn t get ahold of someone to relieve her, so she had to work 3rd shift as well. Alone, I might add. So basically, she worked 24 entire hours and didn t get a single break. She said she was able to go to the bathroom, but she wasn t able to sit down at all during the entire time she worked. Is that legal or should she find a lawyer???
回答 (16)
She's a grown up, so it's legal.
State law dictates what breaks are required. Not all states have such laws, some defer to the Federal Labor Standards Act, which does not require that employers give lunch or rest breaks, paid or unpaid.
If a state law was broken, you don't get a lawyer unless the breaking of the law resulted in you being injured or made ill. You file a complaint with the state's labor department. And you probably start looking for another job. I would be less worried about not getting a break and more worried about not being paid the required overtime for working a 24-hour shift.
As long as she is paid and no time is deducted for a break that she did not take then yes it is legal.
Depends on where you are, but in many places, yes it is.
Currently there is no federal law that requires an employer give you a break. Nor that makes it illegal to work you for 24 hours. There are state laws and sometimes local laws which might require that. I know that when my daughter had a photography shop in Michigan she sometimes had to schedule a work for the entire 12 hours the store was open without a break or lunch period and that was legal.
There are jobs were working a 24 hour shift is standard. Many fire fighters work 24 hour (or longer) shifts because it is easier than having to switch personal in the middle of a fire. However they are not actually fighting fire that entire time and are able to take breaks, eat and sleep when actively putting out a fire. Some hosptials works interns on 24 hour shifts.
I don't know if its legal but she can definitely get money and publicity because of this. try to get some proof and you have a case. who knows where she works might shut down or promote her. but pursue social action and expose them
It's not legal to work an 8 hour shift without a break, so it certainly isn't legal to work a 24 without several breaks. There are labor laws that cover extended work periods. She can find them on her state's dept. of labor website under "Wages and Hours laws". They should have gotten someone to cover her day shift.
Of course it is not legal, but she was stupid to do it, nothing she can do now except look for another job, she should have shut the station and gone home when nobody came to relieve her.
I don't know what your laws are but from where I am, resident doctors regularly go through 24-hour duties and ICU nurses stretch up to 60 hours.
It's not legal for an employer to force an employee work 24 hours straight, but if she chooses to do it because she needs or wants the money, that's her prerogative.
收錄日期: 2021-04-24 01:06:31
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