QUESTION

how many days off should a salary employee has right to?

Asked on Oct 23rd, 2017 on Labor and Employment - Texas
More details to this question:
I am salary my schedule goes as follows M-W:9am-8pm Th: 9am-7pm F: 9am-6pm Saturdays and Sundays: On call 9am-9pm plus if an email comes I have to reply within 2 minutes is this ok?
Report Abuse

1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
In general, an employee has no right to a day off.  That said, certain industries such as airlines and trucking have regulations about how long certain employees can work.  Safety/OSHA might be a concern as well, but that discussion is too fact intensive for this forum.  An employee does have the right to be paid for all hours worked and any "on-call" time where he is not free to pursue other activities.  If you are properly classified as Salaried/Exempt (from overtime pay) you may just need to find another job if this schedule is not acceptable.  However, you might want to visit with either a labor and employment attorney or the US Department of Labor, Wage/Hour Division (there is one in each major city in Texas) to see if you have been properly classified as salaried or whether you should be hourly and be paid overtime (for hours in excess of 40 each week) and whether your "on-call"  time should be counted as hours worked.
Answered on Oct 30th, 2017 at 7:20 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters