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Help Center - Hours Worked Daily Limits
Question:
We have a non-exempt/hourly employee and I was wondering how many hours are they able to work in any given day? Is there any law that basically says after 16 hours you must go home or are they just able to stay on a job as long as they wanted to?
Response:
Neither federal nor WV state law places a limit on the maximum number of hours that can be worked in a day, nor is there any requirement to provide a specific amount of "break" time between shifts. Of course, a non-exempt employee must be paid for all hours worked and must be paid overtime for all hours worked over 40 in a workweek. WV law does require that employers provide their employees a meal break of least 20 minutes when scheduled to work six or more hours, at times reasonably designated by the employer. Whether and when to provide other rest periods is at the employer's discretion, but such breaks must be paid if they are 20 minutes or less.
Note that it is generally a best practice to ensure that employees have sufficient rest between work periods. Moreover, to the extent a specific project or other business need necessitates one or more employees working a significant number of longer than usual shifts, the employer should ensure that its selection of employees for such schedule is non-discriminatory.
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