Under California law, employers are required to provide employees at least one day’s rest in seven. Workplace Rights Law Group LLP4129 Main St., Suite B5Riverside, CA 92501, Workplace Rights Law Group LLP130 N. Brand Blvd., Suite 420Glendale, CA 91203. If you’re part-time (legally defined as working 20 or fewer hours per calendar week), you don’t get a mandatory day off. This rule does not mean that employees get overtime for working any seven days in a row. I work 5 to closing (sometimes 1, sometimes 1:30 sometimes even 2). According to California Labor Code, Section 551, all California employees, regardless of occupation, are entitled to a least one rest day out of every seven days. Section 554 provides employers with leeway in how to offer those days of rest, which could account for your crazy 10 days on, one day off schedule. Drivers can work seven days in a row but must have a break of at least 34 hours in a row before starting a new seven day work period. You may have to work more than 48 hours a week on average if you work in a job: Should i be paid overtime for working 6 days in a row every week? I'm in FLORIDA. they have scheduled me no less than 39 hours each pay period. On the seventh consecutive day in a workweek. I'm 19 and this is my first job. She was given last Monday off and now has to go through to this Friday. As long as the week don't exceed 40 hours. Thus, if a worker works a 4-day, 10-hour work week in California, he is not entitled to overtime. All employees deserve a day off, even if they only work a few hours each day. Most employers cannot ask employees to work a sixth day in a week without paying overtime. At the moment she is working ten days running without a day off. The standard workweek is Sunday-Saturday, but can be any routine 7 day period set by the employer. David saved my soul and believed in me. Furthermore, as long as you do not work more than 8 hours in a workday or 40 hours in a designated workweek, you are not entitled to … If an employee has to work seven consecutive days, the employer may … You fought for me, my rights as a female and after everything was said and done, a. . They justify it by "giving" us 4 days off in a row every 2 months when actually we have our 2 days off of 1 week butting up against the next 2 weeks. Lv 7. The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. However, under state law, this varies. Turlock, CA John L is a bio-medical technician at a hospital that recently changed his and many other employees' work week. According to the United States Department of Labor, working a 24-hour shift can cause employees emotional, mental and physical stress. However, as already stated, twice, the entitlement of "one day rest in seven" is not specific to the workweek AND it does not prohibit 8 days in a row, or even 16 days in a row, as long as you get the equivalent of one day's rest in seven over the calendar month. She has been given a summer rota and for the first time ever has to work Sundays for three weeks. During the period from 2008 to 2009, he was occasionally required to work for seven consecutive days. She was given last Monday off and now has to go through to this Friday. To be sure, if an employer “reasonably requires” someone to work for 21 days in a row, he or she is allowed to do so as long as he or she gives the employee three days off at some time throughout the month. So, an employer cannot require you to work more than six days out of seven. If a worker works more than 30 hours in a given workweek, he or she is entitled to a day of rest. After 7 days you should get O/T rate regardless of the hours worked. Dear C, Thank you for your question. I've been working at my new/first job for a month. Quick Answer: How Many Questions Can You Miss On The DMV Renewal Written Test?. If you work six days in a row during a workweek, but never work more than eight hours in a single day and never accumulate more than 40 hours of work for the workweek, you are not entitled to overtime. Photo in the article by “President of Russia” http://en.kremlin.ru/events/president/news/53151. It can cause work-related problems including job burnout. they scheduled me 6 days in a row then 1 day off then worked 1 day again and then another day off then 8 days straight. Usually workers on extended workday schedules work fewer than five days a week. After bringing up the CA labor code that requires employers to provide 1 day off in 7, the HR director informed me that it didn't apply, since the 10 days were over 2 of her pay periods. Oracle Corp. (2011) 51 Cal.4th 1191, 1206 [“The California Labor Code does apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of 40 hours per week.”].↥ “Day of rest” laws are somewhat unusual in the US. After the day off she has another five 7 hour shifts. California labor law has specific provisions related to the number of days an employee is permitted to work before a rest day is required. Section 554 provides employers with leeway in how to offer those days of rest, which could account for your crazy 10 days on, one day off schedule. It’s only illegal to compel or require someone to work that long over their objection, and/or to discipline an employee who refuses. California Labor Code section 556 exempts employers from providing such a day of rest “when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.” just be glad it is just 7 days, A company could work some one 10 days in a row and not pay time and a haft. The labor laws of California are not what concern you, but the contract between your postal union and the USPS. To schedule your free case review online, click “Get Started” below. The employees argued that the California "day of rest" rule should apply on a rolling basis—otherwise, employees could be required to work up to 12 consecutive days without a day off. However, it does not stipulate when that one day of rest must occur. So, how did I say 12 days in a row before? The statute actually says six days in a calendar week is the maximum permissible time worked. Question: How Much Does A Special Education Teacher Make A Year?? Eligible employees must be over 18 years old, though exemptions apply. I realized gender discrimination was a challenge, however, with your experience and expertise you all took my case head on and never looked back. That’s 12 consecutive days, but still no more than six days in a calendar week. The employees argued that the California "day of rest" rule should apply on a rolling basis—otherwise, employees could be required to work up to 12 consecutive days without a day off. What I learned from exercising 100 days in a row… It actually takes less discipline. Employers are required to inform employees that such instances might occur and that, in accepting employment, the employee also agrees to forego his or her seventh day of rest. 1. Short answer: Yes. Every employee is entitled to one day of rest in 7. AFAIK you can be required to work 365 days in a row as long as you are not driving a truck, bus, cab, etc or flying a plane. It is illegal for your employer to make you work more than 48 hours per week, so you you have worked 6 hours on the 8 days you worked, then the seventh will be qualified for overtime. She has been given a summer rota and for the first time ever has to work Sundays for three weeks. For employees who are not full time regulars, the USPS can work you up to 12.5 hours a day (that includes a 30 minute lunch though) and work you up to seven days a week, but that combination of hours and days cannot be more than 60 hours a week. At the moment she is working ten days running without a day off. S224661 (May 8, 2017)). I'm in FLORIDA. Today, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. You may have to work 7 days in a row but you have your days off later that second week. This is usually her day off. But if the nature of the work reasonably requires that the you work seven or more consecutive days, you have to get the equivalent time off in a calendar month to make up for the days you did not get off in the those seven days. We work 6 days in a row with no overtime. California new “full-time” employee one who works at least 30 hours a week or at least 130 hours a month.. JC. However, in some cases, work of more than 6 consecutive days is allowed “when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.”. At least two-thirds of employees must approve such a change in a vote that takes place by secret ballot. This is usually her day off. The state might also have a one-day-rest-in-seven law, which says your employer must give you a minimum of 24 hours of consecutive rest each week. My work day started at 5:30 a.m. till 4 p.m. making it eight hours of regular time and two hours of overtime. According to California Law, California employees are allowed at least one (1) day off out of every seven (7) days. For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. An employer can’t “compel” or force an employee to work more than six days in a row in any calendar week. How Long Does an Employer Have to Pay You After Termination in California? I think Cali State law has a 14 days in a row thing but not many States do. If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week. I've been working at my new/first job for a month. If he believes in the merits of your case, you can be assured that nobody will work harder or more passionately than David Simpson. He truly cares about his clients. It is illegal for your employer to make you work more than 48 hours per week, so you you have worked 6 hours on the 8 days you worked, then the seventh will be qualified for overtime. When the traditional thirty-six to forty-hour workweek is squeezed (or compressed) into three or four days, the number of days worked in a row is decreased and the number of consecutive days off is increased. My work day started at 5:30 a.m. till 4 p.m. making it eight hours of regular time and two hours of overtime. I don't want this to keep happening. We work 6 days in a row with no overtime. The casino operated for 12 hours a day on 364 days of the year. And an employer can’t fire an employee who refuses to work on the seventh day. Without hesitation I am giving a 5 out of 5 stars to Theo Khachaturian. According to the California labor law overtime provisions, hourly workers working more than eight hours in a day must be paid mandatory overtime for all hours worked over eight hours. If you are working on the seventh day out of seven days, you must be paid overtime for that seventh day. At the time of publication, no comprehensive federal law prevents employers from requiring workers over age 16 to complete shifts of 24 hours or even more. California State Labor Laws Concerning Overtime & Doubletime (Double-time) are Stringent In January of 2000, new overtime regulations went into effect for the state of California. We also invite you to call our office to speak with a legal representative about your case. .win for older females in a male dominated career. Is it illegal to work 7 days in a row in CA? However, as already stated, twice, the entitlement of "one day rest in seven" is not specific to the workweek AND it does not prohibit 8 days in a row, or even 16 days in a row, as long as you get the equivalent of one day's rest in seven over the calendar month. Is there any kind of law against this? Longer answer: California has a “day of rest” law that requires employers to give their employees at least one day off in every workweek. Source(s): Board Of Labor. It depends. Quick Answer: Where Is The Issue Date On My Driving Licence?? I looked at my schedule and I don't have a day off this week. To be sure, if an employer “reasonably requires” someone to work for 21 days in a row, he or she is allowed to do so as long as he or she gives the employee three days off at some time throughout the month. California overtime law requires employers to pay eligible employees twice their rate of pay when those employees have worked more than 12 hours in a workday or more than eight hours on their seventh consecutive day of work. (Employees may work seven days in a row across two different work weeks.) If you are reading this and thinking to yourself, “My employer has me scheduled for the next nine days, one day off, and then 10 days back on…I have an employee rights dispute!” think again. Confidential or time-sensitive information should not be sent through this form. In most employment situations, there is nothing unlawful about the employer working you ten days in a row as you have described. Asked on December 30, 2011 under Employment Labor Law, Kentucky However, sometimes employees forget that they are also entitled to one and a half times their regular rate of pay for working seven days in a row. Rather, they are entitled to one day off for every six days they work in the same calendar month. It is not uncommon for people to have a 60-hour work week occasionally, but some individuals find themselves with this kind of schedule often. The Bay Area, the only other region above 15% ICU availability, is on pace to drop below that line on Friday or shortly after if it continues its trend from recent days. Among the states, California has uniquely stringent labor laws. Mr Maio Marques Da Rosa (the employee) worked for Varzim Sol (the casino) as a casino operator. Depends on your contract, and the number of hours you work. i work for a company. I don't want this to keep happening. Are we not due OT? But California law makes an exception for people who work more than eight hours a day on a regular basis as long as they do not work more than 40 hours per week. been there 4 weeks, hired p/t. A “workday” for these purposes is a 24-hour period that begins at the same time each calendar day. Section 552 goes on to state that no employer may require employees to work more than six days out of a seven-day period, and any employer that tries to enforce a seven-day workweek may be guilty of a misdemeanor. That's 10 7 hour shifts. Much like daily overtime, weekly overtime is considered on a week-by-week basis. I'm 19 and this is my first job. If a worker works more than 30 hours in a given workweek, he or she is entitled to a day of rest. 0 0. I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it … Most nonexempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked in the … Overtime ← Back to California Overtime and Labor Laws Page. If you do work more than 20 hours per week for someone, that employer must give you “at least twenty-four consecutive hours of rest in every calendar week.” Employers can get permission from the Department of Labor to work their employees 7 days a week, but they can only do that a maximum of 8 weeks a year. David caught every discrepancy and every contradiction with the opposing counsel. If you only want to work out four days a week, think about your goals: If you want to add muscle, cut a cardio day. The standard workweek is Sunday-Saturday, but can be any routine 7 day period set by the employer. Of course, this brief paragraph does not sum up the whole of this issue. While Section 554 does provide for some exemptions, these exemptions apply to only a handful of occupational fields, including agriculture and the railroad, and only in instances in which it is necessary for the employee to be present to protect life or property. Alternative Work Weeks California labor law gives companies the option of implementing alternative work weeks such as four days of 10-hour shifts. Usually workers on extended workday schedules work fewer than five days a week. California, Colorado, Florida, Michigan, and Nevada all have rules requiring overtime requirements if the non-exempt employees work for more than a certain number of hours in a day and several states have specific rules for public employees or members of particular professions. Asked on December 30, 2011 under Employment Labor Law, Kentucky His skills in mediation were phenomenal. Hourly workers working more than 8 hours in a work day must be paid mandatory overtime pay for all hours over 8 hours. He is extremely clear, honest and most importantly very deft at mediation. Employees also earn 1.5 times their standard rate for the first eight hours of their seventh consecutive day of work. We work 6 days in a row with no overtime. What is so interesting to me is that when I tried to commit to exercising 4-5 days a week, It was much harder on any given day to make myself exercise. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. That's 10 7 hour shifts. According to Section 554, employees are not necessarily entitled to one day of rest in a period of seven days. California Overtime Law. 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