Is there a limit to the number of consecutive days or the number of hours an exempt employee can work?

The  Fair Labor Standards Act does not limit the number of hours or days that an employee age 16 or older can be required to work. In many private-employer environments, exempt employees are expected to work as many hours as necessary to complete all their job duties. In some industries, such as retail and others with extended hours of operation, employers have established minimum schedules of 45 hours or more for management and other exempt personnel.

Although there may be no restrictions under federal law, some states, such as California and New York, have day-of-rest regulations that require an employee to have 24 consecutive hours of time off during a workweek, or on average over a monthlong period.

Despite the fact that there may be only limited state regulatory constraints on hours and days worked, employers should not view this as a rationalization for lengthening the workweek requirements for exempt staff. According to a 2017 National Safety Council survey, long workdays or workweeks are identified risk factors for employee fatigue. Weary employees are at a higher risk of workplace injuries and have decreased cognitive performance, including difficulty making decisions, trouble focusing, a decline in productivity and memory problems.  

Another consideration for employers is the effect on employee morale and the impact on the ability to recruit well-qualified staff to fill critical roles within the organization. More and more, employees value workplace flexibility and a better work/life fit. Requiring extended hours and long workweeks can turn off candidates and cause current employees to seek employment elsewhere.

Before requiring longer days or workweeks from exempt employees, employers should fully consider the potential impact on productivity, safety, employee wellness and the ability to recruit and retain quality employees.