Down Time

[Izyan]

Is there a law that pertains to how many hrs an employee, salaried or hourly, can work before they are required down time, and/or time off to sleep?  I believe that Drs can work 48 hrs before they are required down time, and truck drivers can work 10 hrs before they are required down time.  

I am in a discussion with a group of salaried employees that say legally they are required to have X amount of down time in 24s, however they are not saying how much time they can work before they have to take this mandatory time off. Can you please enlighten me on this subject?

Thaks so much

Nikki

ANSWER: Nikki - Your question is not answered by federal law(see below).  Many states, however, have specific laws about break times and limited hours for certain types of employees.  These do tend to include truckers and medical personnel for obvious reasons, as well as restrictions on child labor.  If you would like me to tell you what your state law says, write me back with where you live or work and I'll get that information for you.  

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: When must breaks and meal periods be given?

[hershel76]

Nikki - The entire focus of wage and hour laws is to prevent employees from being forced to work more than the usual eight-hour day.  In California, that is why overtime begins at hours worked over eight in a day or forty in a week.  People who work an eight hour day must be given two rest periods of ten minutes and an unpaid 30 minute meal break during both of which the employee must be totally relieved of work duties.  After 24 hours straight of work, an employee must be given 8 hours to rest.  Read below for the specifics.

To discourage employers from demanding excessive hours of work from employees, the cost of overtime hours is as follows:

(A) Daily Overtime - General Provisions

(1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age

who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees

shall not be employed more than eight(8) hours in any workday or more than 40 hours in any workweek unless the employee receives one

and one-half(1 1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Eight(8) hours of labor constitutes a day’s work. Employment beyond eight(8) hours in any workday or more than six(6) days in any workweek is permissible

provided the employee is compensated for such overtime at not less than:

(a) One and one-half(1 1/2) times the employee’s regular rate of pay for all hours worked in excess of eight(8) hours up to and including 12 hours in any workday, and for the first eight(8) hours worked on the seventh(7th) consecutive day of work in a workweek;

and

(b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours

worked in excess of eight(8) hours on the seventh(7th) consecutive day of work in a workweek.

For work weeks that are not the usual 8/hr. a day and 5/days a week, such exceptions must be approved by the employees in a vote, and are subject to certain restrictions, among which is the following:

(10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual

agreement of the employee and the employer, and no employee shall work more than 24 consecutive hours until said employee receives

not less than eight(8) consecutive hours off duty immediately following the 24 consecutive hours of work.

For future reference, these provisions are contained in the Wage Orders that govern California workers, and can be found at the website of the California Department of Industrial Relations.

[Giannes]

: The Fair Labor Standards Act(FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee(or the employee's representative). ---------- FOLLOW-UP ----------

I live in California if that makes a difference.  We are required to give hourly employees that work a 6 hr shift a 15 min break. If an employee is a full time, and works 8 hrs a day they are legally given 2 breaks, that total 25 min, and a 30 min lunch.  Im almost positive that truck drivers can drive no more than 10 hours without taking 6 off.  I also read somewhere that Drs can be on duty for 48 before they are required down time.  

My reason for asking the question is that a group of people that are brainstorming ideas and fixes for a computer game are saying that they can only work so many hrs before they are required, by law, to take time off for sleep ... I have searched through the Ca codes and cant find that law anywhere, Im to the point I believe they are saying this as an excuse not to finish a product that is way past due.