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Law & the legal profession

Overwork, health and the law: what the evidence and working-time rules say

"Listen to your body" is common advice for people who are overworked. It is good advice, but it puts the burden on the individual. Research and law have increasingly treated overwork as a structural problem with measurable health effects.

What the research shows

In May 2021 the World Health Organization and the International Labour Organization published the first global estimate of deaths linked to long working hours. They estimated that in 2016, 745,000 people died from stroke and heart disease associated with working at least 55 hours a week, a 29% increase since 2000. Working 55 or more hours a week was associated with a higher risk of stroke and of dying from heart disease compared with working 35 to 40 hours.

Professions with long-hours cultures, including law, also show high rates of stress, depression and problem drinking. A 2021 survey of US lawyers found two-thirds working more than 40 hours a week and a quarter more than 51 (our summary).

What the law says

  • European Union. The Working Time Directive (2003/88/EC) limits average weekly working time to 48 hours, including overtime, and guarantees daily and weekly rest and paid annual leave. In the UK, which kept similar rules after Brexit, workers can opt out of the 48-hour limit in writing.
  • Japan. Japan has a word, karōshi, for death from overwork, and courts and compensation systems recognise it. Reforms that took effect from 2019 introduced legal caps on overtime, with penalties for employers.
  • United States. Federal law does not cap working hours for most adults. The Fair Labor Standards Act requires overtime pay for many hourly workers but exempts many salaried professionals, including lawyers.

Practical steps

Recognising warning signs, such as persistent exhaustion, poor sleep, chest pain or low mood, matters, and people with symptoms should see a doctor. But the evidence suggests employers and professions also need to change: realistic workloads, protected time off and managers who model reasonable hours.

Why it is in our law section

Lawyers advise clients on these rules and are often subject to the same pressures themselves. A profession that burns out its members cannot serve clients well.

Sources

  1. WHO: Long working hours increasing deaths from heart disease and stroke (17 May 2021)
  2. EUR-Lex: Directive 2003/88/EC (Working Time Directive)
  3. US Department of Labor: Fair Labor Standards Act