Don't I Have to Be Paid for "On-Call" Time? This depends on the particular situation. There is no law which prevents employers from scheduling fewer than 8 hours between shifts. Thank you. No period of less than 30 minutes will be deemed to interrupt a continuous period of work (PA Stat. I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. 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. 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. 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. PA Admin. This thread originated in 2006. To the best of my knowledge PA has no law requiring any particular number of hours between shifts. 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. So yes, it is legal to have only six hours between shifts unless there is a law specific to your industry. Staff who regularly work at least 3 hours during the ‘night period’ are night workers. So generally, we are scheduled to work three different shifts: Open - 5am-4pm, Midday - 9am-8pm, or Close - 12pm-11pm. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. No minor under the age of 18 may work for more than 5 hours continuously without a 30-minute lunch period. 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 … Last reviewed on May 22, 2018. 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. Similarly, there is no state law that requires a certain amount of time off 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. Fair Labor Standards Act: 24-Hour Duty Sleep Time. Rest between shifts is not required if: the total time worked during both shifts does not exceed 13 hours; or 43 Sec. The Fair Labor Standards Act mostly addresses issues such as child labor… Truck and bus drivers must generally take a minimum of eight hours off between shifts, and their shift hours are often capped. Some on-call … 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. 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." 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. You would need some kind of evidence that you are being poorly treated BECAUSE OF your religion to bring a discrimination case. No generalized labor laws require a certain amount of time off to be scheduled between work shifts. Read more about Rest Periods LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. 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). The Fair Labor Standards Act (FLSA) does not require extra pay for night work. is this legal that they are only getting this much sleep before going back in at 6 am?? Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. 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. The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. The night period is 11pm to 6am, unless the worker and employer agree a different night period. LaborLawTalk.Com 2011. Whether breaks are required is left up to the states. All times are GMT-8. 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. 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 … 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. There's nothing unlawful about scheduling less than 8 hours between shifts. 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. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. 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. 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. Last, the law requires employers to provide a minimum number of hours off between shifts and priority on open 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. (48 manditory) My availability is complete except that I cannot work between 6-11pm Tuesdays and Thursdays. Therefore, if a worker works from 8am … Note that the working hours must be more than 6 in order to attract a break. Exceptional Circumstances Federal wage and hour law does not require that employees be provided either paid or unpaid rest or meal periods. 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. 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. An employee may waive this off-duty time, however. To the best of my knowledge PA has no law requiring any particular number of hours between shifts. 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. 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?? Ti. 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. Code 231.1(b) I work 48-50 hours per week. 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. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. PA Dept. 5 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. Pennsylvania has provisions requiring meal periods for minors. A split shift is an interruption … 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. It also includes time employees are employed or permitted to work. 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. Labor Law on Time Between Shifts. If it does, then the terms of the contract or CBA apply. Pennsylvania minimum wage laws require employers to compensate employees for all hours worked. All Rights Reserved. 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?? I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. 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. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). The CLL requires minors to obtain work permits prior to beginning work. 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 … 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. 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… I am in a saleried position in a large retail chain. 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?? However, as a general rule, while an employer cannot schedule you for more than 40 hours per week without paying … Our shifts are 11 hours with an unpaid hour lunch. 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. of Labor: Wage and Hour FAQs. 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. So yes, it is legal to have only six hours between shifts unless there is a law specific to your industry. Employment Law Division and The Virginia Labor are accountable for imposing several of the laws connected with Virginia employee rights. The $5.57 is then divided in half, $2.785, to arrive at the half time rate. 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? This page was generated at 03:40 PM. 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. check out the. Federal law does not require an employer to provide a break between shifts, nor does … I suspect the issue has been resolved by now. No period of less than 30 minutes will be deemed to interrupt a continuous period of work (. The 44 hours are then divided into the $245.00 to arrive at the regular average hourly rate of $5.57 per hour. 46). OSHA, State, & Federal Labor Laws Posting Requirements, If this is your first visit, be sure to 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. Pennsylvania Code 43-40.3(a) Employers are not required to provide breaks to employees eighteen (18) and over. The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. 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. 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