QUESTION

How many hours can an employee be expected to work per day and per week in a live-in position at a boarding school?

Asked on Sep 07th, 2011 on Labor and Employment - South Carolina
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
The answer to this question is determined by state and federal law. I can address only federal law since I don't know the state from which you ask the question. Generally speaking, in most jobs and industries, there are no laws that place a limit on the number of hours that an employer can require an employee to work during a 24 hour period, or during a 7 day period. An exception to this rule would be, for example FAA or Department of Transportation Regulations which limit the number of hours that a pilot can fly, or a truck driver can drive. The only other time limitation that federal law applies is not really a time-limitation at all: it is a premium pay  requirement imposed by the Fair Labor Standards Act: Once the employee has worked more than 40 hours during a 7 day period, the employer has to pay the employee 1.5 x the employee's "regular hourly rate." This is designed to provide a financial incentive for employers to hire more employees and work them shorter hours. In states like New York, or California that impose heavy regulations upon employment decisions (from which, incidentally, increasing numbers of businesses are relocating to states with little regulation of employment policies, like Georgia), there may be laws that limit the number of hours individuals in other job classifications (such as, for example, house mothers in boarding schools) can work. You need to check with a local lawyer familiar with your particular state's requirements. Michael A. Caldwell 404-979-3150                                                                   
Answered on Sep 08th, 2011 at 6:09 PM

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