Can You Legally Work Seven Days a Week?

In the modern world of side hustles, the gig economy, and multiple jobs, many people find themselves working seven days a week. A seven-day workweek is legal if you’re self-employed or working for multiple employers. But what if you work for one employer? Can they make you work seven straight days? Can you work extra days if you want to? When do you get overtime?

If you choose to work seven days a week, you have the right to do so. However, your employer cannot force you to work that many days. Also, even if you want to work that many days, state law may require your boss to give you time off or pay you overtime.

Federal Labor Laws and the Work Week

No federal laws restrict the number of days someone can work in a workweek. The Fair Labor Standards Act (FLSA) defines a “workweek” as any regularly recurring period of 168 hours or seven consecutive 24-hour periods.

Once established, employers cannot change the workweek to alter the number of hours employees work in any given week.

A “workweek” does not need to be a calendar week. For instance, if your week begins on Tuesday and ends on Monday, the next week can’t begin on Wednesday and end on Tuesday to keep you under a certain number of hours.

The FLSA does not limit the total days you may work during your assigned workweek.

Federal Overtime Laws

The FLSA does contain rules about pay rates and overtime pay for more than 40 hours per week. The FLSA determines:

• The basic minimum wage
• The overtime pay rate (1.5 times the minimum wage or regular rate of pay)
• Exempt and non-exempt employees for overtime pay

Exempt employees do not receive overtime pay. Exempt employees are typically salaried or highly compensated employees making more than the average rate of pay.

State Labor Laws

States have their own labor laws and a department of labor or industrial relations that oversees enforcement. If you have issues with your employer or pay rate, contact your state labor department first.

Hours, Overtime, and Days Off

The FLSA sets the hourly workweek at 40 hours. States decide what percentage of a 40-hour week should be “part-time” and what is “full-time.”

In most states, workers who average 35-40 hours per week are “full-time” employees and may qualify for health insurance and other benefits. States and individual employers define full-time and part-time employees.

Time Off

Some states prevent employers from requiring employees to work seven consecutive days. California labor laws feature a “day of rest” rule (California Labor Code § 551-554) that makes it a misdemeanor to schedule workers more than six days in seven without a day off. But, there are some exceptions, including:

• Train and rail employees
• Emergency work in the protection of life or property
• Jobs where the nature of the work requires more than seven consecutive days or 40 hours of work
• Union contracts or collective bargaining agreements that provide for other arrangements as long as the employees have the equivalent of one day’s rest in seven
• Employees working less than 30 hours per week

For instance, many fire departments still use the “Kelly schedule” system, where fire crews work 24 hours on and 24 hours off for three shifts, followed by four days off. A “Kelly day” is an extra day off that ensures all crew members have the correct number of days off.

Overtime and Double Time

The FLSA requires overtime after 40 hours in any workweek. State laws must offer at least the federal hourly rate of 1.5 times the employee’s base pay. Some states have more generous overtime pay rates.

For instance, California labor laws require employers to pay overtime rates for:

• Any hours over 40 hours in a week
• Any hours over 8 in a day
• Any six consecutive days in a workweek

The six consecutive days must be in the same workweek. If your workweek is Monday through Sunday, and your week’s schedule has you working Wednesday through Sunday, you will not get overtime if you return on Monday.

California also has a provision for double time. You can receive twice your hourly rate for hours worked:

• Over 12 hours in a single workday
• Over eight hours on the seventh day of work in a workweek

As with overtime, the days must be part of your scheduled workweek. Days that carry over from your previous week will not count.

Let's say your workweek is Monday through Sunday. In California, if you’re scheduled from Monday through Friday, then you have to cover a Saturday and Sunday shift, you must receive overtime pay for Saturday and double time for Sunday. You are also entitled to a rest day the following Monday, regardless of what your schedule would otherwise have been.

Although you can choose to work seven days in a row, you cannot waive your right to overtime and double time. Your employer must pay employees at the correct rate if the employee works overtime hours, even if the employee voluntarily works the hours.

Check the employment laws in your state to learn if there are additional wage and hour protections where you live.

Remote and Contract Work

The FLSA and most state laws apply to remote workers if they are employees. Remote employees must receive the same pay rates, overtime pay, rest and meal breaks, and other job benefits.

State or federal labor laws do not cover independent contractors. Most contractors are self-employed, so they are free to set their own rates and work hours.

Get Legal Advice from an Employment Law Attorney

Employment and wage and hour issues involve both state and federal laws. If your employer is scheduling you for extra hours without paying you your overtime rates, speak with an employment attorney in your area. You should discuss other problems with wage payments, or workplace matters with a wage and hour lawyer with federal law experience.