The question of whether a person can work more than eight hours a day involves federal law, state regulations, employee classification, and company policies. The eight-hour workday is a historical and cultural norm, not an absolute legal limit enforced nationwide. In the United States, no federal law prohibits an adult employee from working extended hours daily. Therefore, the answer is generally yes, you can be required to or choose to work past the eight-hour mark. Constraints on daily hours are determined by location, job type, and specific employer rules for compensation and scheduling.
Understanding Federal Limits on Work Hours
The primary federal law governing work hours and pay is the Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage, recordkeeping, and overtime pay standards for workers, focusing on the total hours worked over a seven-day period, not the daily total. It mandates that non-exempt employees must receive overtime pay at a rate of one and one-half times their regular rate for all hours worked over 40 in a workweek.
The FLSA does not impose a maximum limit on the number of hours an employee aged 16 or older can work daily or weekly. For example, an employee could legally work four 10-hour days without receiving overtime pay, provided their total hours for the workweek do not exceed 40. Since federal law does not require daily overtime, the eight-hour day is simply the standard used to calculate the 40-hour weekly threshold for most non-exempt workers.
When State Laws Mandate Daily Overtime
While federal law is silent on daily limits, several states require overtime pay after a certain number of hours in a single day. This state-level daily overtime rule is a significant exception to the federal 40-hour workweek standard. States like California, Alaska, Colorado, and Nevada mandate overtime compensation for non-exempt employees after they work more than eight hours in a day.
California’s Daily Overtime Rules
California’s law is comprehensive, requiring time-and-a-half pay for all hours worked over eight and up to twelve hours in any workday. Employees are entitled to double their regular rate of pay for any hours worked beyond twelve in a single day. The state also includes “seventh day” rules, where the first eight hours worked on the seventh consecutive day of a workweek must be paid at time-and-a-half, with double-time pay for all hours over eight on that seventh day.
Other State Examples
Alaska’s law requires overtime after eight hours in a day or 40 hours in a week, whichever calculation yields the greater pay. Nevada’s daily overtime rule applies to employees who earn less than 1.5 times the state’s minimum wage, requiring overtime after eight hours in a 24-hour period. Employers must comply with the law that provides the employee with the higher rate of compensation, whether federal or state.
How Employee Classification Impacts Daily Hours
An employee’s classification as either exempt or non-exempt is the primary factor determining their entitlement to overtime pay for extended daily hours. Non-exempt employees, typically paid hourly, are covered by federal and state overtime laws. Conversely, exempt employees, generally salaried, are not entitled to overtime pay regardless of the number of hours they work.
To be classified as exempt from overtime, an employee must satisfy three tests: the salary level test, the salary basis test, and the duties test. The salary level test requires the employee to earn at least a specified minimum salary per week ($684 per week, or $35,568 annually). The salary basis test ensures the employee receives a fixed, predetermined amount of pay each period, which is not subject to reduction based on the quality or quantity of work performed.
The duties test requires the employee’s primary job responsibilities to align with specific categories, such as executive, administrative, or professional duties. Because their compensation is fixed and not tied to the number of hours worked, exempt employees are frequently required to work substantially more than eight hours a day without additional pay. This classification explains why salaried employees often find their daily hours extending beyond the traditional workday.
Employer Policies and Contractual Agreements
Beyond legal frameworks, an employer’s internal policies and contractual agreements can impose additional constraints or requirements on daily work hours. Employers may limit daily work hours for operational reasons, such as managing labor costs or reducing fatigue-related errors. Collective Bargaining Agreements (CBAs) negotiated between a union and an employer frequently contain specific rules regarding scheduling, maximum daily hours, and mandatory overtime conditions.
Most employment in the U.S. is “at-will.” Mandatory overtime policies are common, and employers have the right to require non-exempt employees to work more than eight hours a day, provided they pay the legally required overtime rate. Refusing mandatory overtime, unless it violates a specific law, a CBA, or a religious accommodation, can be grounds for disciplinary action or termination.
The Impact of Extended Workdays on Health and Performance
Regularly exceeding an eight-hour workday impacts an employee’s well-being and effectiveness. Working long hours is consistently associated with increased fatigue, leading to decreased alertness, lower cognitive function, and poorer work performance. Studies show that extended shifts contribute to a higher risk of errors and on-the-job incidents, particularly during the ninth through twelfth hours of work.
Employees who work 48 hours or more per week report a greater incidence of poor health, higher injury rates, and increased alcohol or tobacco use. Long hours often result in burnout, a state of emotional, physical, and mental exhaustion caused by prolonged stress. While an extended schedule may offer more consecutive days off, the long daily hours can severely limit an employee’s time for rest, social life, and family responsibilities, potentially offsetting the benefit of a longer weekend.