Is there a 7 day work week rule?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a 7 day work week rule?
My job recently had my co-workers and I work the past week and this week, with no days of rest and 10 hours a day. We did have 1 day where we worked 5 hours. Is this legal? They have also stated we can not use our PTO and there is no end in sight.
Asked on June 10, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Employees in CA are entitled to a least 1 rest day out of every 7 days. No employer may require employees to work more than 6 days out of a 7 day period. However, the labor code does not stipulate when that 1 day of rest must occur. It provides employers with discretion in how to offer those days of rest. Employees are not necessarily entitled to 1 day of rest in a period of 7 days. Rather, they are entitled to 1 day off for every 6 days they work in the same calendar month. Therefore, if an employer requires someone to work for 21 days in a row, they are allowed to do so as long as the employee is given 3 days off at some time throughout the month. Additionally, there are exceptions for part-time and railroad/agricultural workers.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Employees in CA are entitled to a least 1 rest day out of every 7 days. No employer may require employees to work more than 6 days out of a 7 day period. However, the labor code does not stipulate when that 1 day of rest must occur. It provides employers with discretion in how to offer those days of rest. Employees are not necessarily entitled to 1 day of rest in a period of 7 days. Rather, they are entitled to 1 day off for every 6 days they work in the same calendar month. Therefore, if an employer requires someone to work for 21 days in a row, they are allowed to do so as long as the employee is given 3 days off at some time throughout the month. Additionally, there are exceptions for part-time and railroad/agricultural workers.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.