The question of how many hours must pass between work shifts does not have a single, universal answer. Determining the required rest period involves navigating a complex patchwork of labor regulations that vary based on the worker’s location, age, and occupation. The rules governing scheduling are often dictated by state or local statutes or by specialized federal agencies that oversee high-risk industries. Understanding the applicable standard requires examining the absence of federal regulation for most workers and the specific rules applied by states and industries.
Why There Is No Universal Federal Standard
The primary piece of federal labor legislation, the Fair Labor Standards Act (FLSA), establishes standards for minimum wage, overtime pay, and recordkeeping. For the majority of adult employees in the private sector, the FLSA does not stipulate a minimum number of hours that must elapse between the end of one shift and the start of the next. This federal statute focuses on compensation for time worked, not on the scheduling of that time.
Consequently, the federal government delegates most authority over daily rest periods and shift scheduling to individual states. The lack of a federal minimum rest period means employers in many states are legally permitted to schedule an adult employee for a late shift and an early shift the following morning, commonly known as a “clopening” shift.
State Laws Governing Rest Between Shifts
State labor laws introduce mandatory rest periods to prevent excessive scheduling and fatigue. These regulations generally address the issue in one of two ways: by requiring a specific number of consecutive hours off between shifts or by imposing premium pay requirements when the rest period is violated. These statutes aim to ensure employees receive a defined block of time for sleep, commuting, and personal needs.
State laws also address the “split shift,” which is a single workday that includes an unpaid break period longer than a typical meal break. In these situations, the rest period is a break within the workday, not between two different workdays.
Illustrative Examples of State Requirements
A handful of states and municipalities have implemented specific requirements to protect workers from turnaround scheduling. Oregon law, for instance, requires employers to provide at least 10 consecutive hours off between shifts. If an employee agrees to work a shift starting with less than 10 hours of rest, the employer must compensate the employee at a rate of time-and-a-half for the hours worked during the rest period.
California does not have a statewide law mandating a minimum number of hours between shifts. However, it mandates premium pay for “split shifts” separated by more than a bona fide meal period, requiring the employer to pay the employee an extra hour of pay at the minimum wage rate for that day. Separately, New York City’s Fair Workweek Law for fast-food employees requires a minimum of 11 consecutive hours of rest between shifts. If a fast-food employee works a shift with less than 11 hours off, the employer must pay the worker a $100 premium for that shift.
Federal Rules for High-Risk Industries
Specific federal agencies impose strict rest requirements for occupations where fatigue directly compromises public safety. These regulations supersede general state labor laws for these specialized employees. Commercial truck drivers operating vehicles that meet certain size or weight criteria are governed by the Federal Motor Carrier Safety Administration (FMCSA) Hours-of-Service (HOS) rules.
FMCSA rules require a property-carrying driver to take a minimum of 10 consecutive hours off duty after driving for a maximum of 11 hours or being on duty for 14 hours. Similarly, the Federal Aviation Administration (FAA) mandates rest periods for commercial airline pilots. Pilots must receive a minimum of 10 consecutive hours of rest immediately before reporting for a flight duty period, eight of which must be allocated for uninterrupted sleep.
Scheduling Requirements for Minor Employees
Minors are afforded greater protection under both federal and state child labor laws, which impose stringent limits on working hours. The federal FLSA restricts the hours for 14- and 15-year-olds to outside of school hours, a maximum of three hours on a school day, and only between 7 a.m. and 7 p.m. during the school year. These time-of-day restrictions and daily hour limits effectively guarantee a minimum rest period between shifts.
State laws often impose even stricter rules, particularly regarding the late-night hours a minor can work before a school day. Although not always phrased as a specific “hours between shifts” rule, the restrictions on daily and weekly work hours create a mandatory break. For workers aged 16 and 17, federal law does not limit the number of hours, but state laws frequently impose daily and weekly caps that prevent back-to-back shifts.
Recourse for Violated Rest Requirements
When an employer fails to comply with state or local rest period mandates, employees have several avenues for recourse. Consequences for employers can include financial penalties, back pay, and civil liability. In states like California, violating meal or rest break requirements triggers a penalty of one hour of pay at the employee’s regular rate for each day the violation occurred.
Employees who believe their rest requirements have been violated should first document the dates, times, and nature of the violation. The next step often involves filing a wage claim with the state’s Department of Labor or equivalent agency, which can investigate the claim and assess penalties against the employer. In cases of systemic non-compliance, employees may consult an employment law attorney to pursue a private lawsuit for the recovery of unpaid wages and penalties.