8 Hour Work Day Rules

by Keith Evans

Since the rise of organized labor in the late 19th Century ended grueling work hours, many Americans have become accustomed to the eight-hour workday. Though working eight hours per day for a total of 40 hours per week has become the accepted norm, you might be surprised by the general lack of rules regarding the number of hours in a workday.

State Rules

State rules regarding how many hours you can work per day vary considerably from state to state. Some states, like Alabama and California, do not enforce a maximum on the number of hours in a workday. Others, like New Mexico, Oregon and Florida, limit workdays to between 10 and 16 hours per day. As of 2013, only Ohio, Montana, Missouri, Michigan, Illinois, Colorado and Alaska enforce an eight-hour workday. A handful of other states enforce a 40-hour work week, but do not specify how many of those hours must occur during a single day. Nineteen states have additional requirements for breaks and lunches.

Federal Rules

In addition to state rules, employers must also abide by federal labor laws. The U.S. government establishes and provides for enforcement of these rules though the Fair Labor Standards Act, or FLSA. Though the FLSA does state that employers must offer overtime compensation when an hourly employee works more than 40 hours in a week, it stops short of enforcing an eight-hour workday. The FLSA also spells out what activities employers must consider hours worked. As a general rule, anytime an employer requires an employee to be at a designated place or perform a specified duty counts toward the length of the workday. For employers that allow employees to take breaks, the FLSA requires that employees get paid for breaks that are shorter than 20 minutes.

Union Rules

In some organizations, labor unions that represent employees negotiate additional rules that employers must recognize. These rules, known as collective bargaining agreements, govern a wide array of working conditions that range from the maximum number of hours worked in a day to the path that employees follow to gain a promotion. A large number of unions represent employees across the nation, and collective bargaining agreements can vary considerably from union to union and even employer to employer.

Best Practices

Even in the absence of official rules, organizations typically follow a set of “Best Practices” regarding employee labor. These practices help ensure employers comply with most state labor laws regarding breaks, lunch breaks and other items. According to the Human Resource Blog, a service of the Labor Law Center, employers typically grant two 10- or 15-minute breaks and a lunch break of at least 30 minutes during an eight-hour shift. In addition to assuring compliance with applicable rules, these practices also help encourage higher productivity among workers.

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