Eligible employees must be over 18 years old, though exemptions apply. Is there any kind of law against this? FAQ - I worked 9 days in a row, don't I get double time after working 7 days in a row? BUT, asking an employee to work or the employee’s voluntary acceptance of such work is permissible. I've been working at my new/first job for a month. Turlock, CA John L is a bio-medical technician at a hospital that recently changed his and many other employees' work week. After the day off she has another five 7 hour shifts. He is extremely clear, honest and most importantly very deft at mediation. The casino operated for 12 hours a day on 364 days of the year. 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 … 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. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. 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. According to the California Labor Code, Section 510, “the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.” I looked at the work schedule and I worked Tuesday Wednesday Thursday Friday, I'm going into work right now and I don't have off until Thursday? The Labor Code does require one day of rest out of seven. .win for older females in a male dominated career. I'm in FLORIDA. The statute actually says six days in a calendar week is the maximum permissible time worked. Answer. Quick Answer: Where Is The Issue Date On My Driving Licence?? 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. 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. It’s only illegal to compel or require someone to work that long over their objection, and/or to discipline an employee who refuses. The casino operated for 12 hours a day on 364 days of the year. I work 5 to closing (sometimes 1, sometimes 1:30 sometimes even 2). On the seventh consecutive day in a workweek. At the moment she is working ten days running without a day off. If you are working on the seventh day out of seven days, you must be paid overtime for that seventh day. (Employees may work seven days in a row across two different work weeks.) 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. If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week. Depends on your contract, and the number of hours you work. She was given last Monday off and now has to go through to this Friday. 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. This is usually her day off. At least two-thirds of employees must approve such a change in a vote that takes place by secret ballot. If an employee has to work seven consecutive days, the employer may … 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. I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it … But, it probably does not prohibit employees voluntarily agreeing to work 7 or more consecutive days. She has been given a summer rota and for the first time ever has to work Sundays for three weeks. Under California law, employees are entitled to “one day’s rest in seven.” But what, exactly, does that mean? The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. Rather, they are entitled to one day off for every six days they work in the same calendar month. Most importantly, employees may not realize that they are suppose to be receiving two times their regular rate of pay for hours worked in excess of eight hours on a seventh consecutive workday. FAQ - I worked 9 days in a row, don't I get double time after working 7 days in a row? Longer answer: California has a “day of rest” law that requires employers to give their employees at least one day off in every workweek. The law is 40 hours or 7 days. 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. Example: Pay Period 1 August 1 - August 14 Pay Period 2 August 15 - August 21 Are we not due OT? So, how did I say 12 days in a row before? Dear C, Thank you for your question. Lv 7. I looked at my schedule and I don't have a day off this week. Under California Law, these are not applicable for workers who work less than six hours a day or 30 hours a week most of the time. Aren’t I entitled to a day off every week? 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.” As some weeks I have to work 8 consecutive days & it has been 10 consecutive days with no rest day in between. In most employment situations, there is nothing unlawful about the employer working you ten days in a row as you have described. 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. On that same day I was called back in at 10 p.m. to work an 8 hour shift was off at 6:30am in the morning the following day to have received an emergency Call at noon which took 7 an half hours. Is it illegal to work 7 days in a row in CA? We work 6 days in a row with no overtime. 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. She has been given a summer rota and for the first time ever has to work Sundays for three weeks. Hourly workers working more than 8 hours in a work day must be paid mandatory overtime pay for all hours over 8 hours. At the moment she is working ten days running without a day off. Without hesitation I am giving a 5 out of 5 stars to Theo Khachaturian. Rather, they are entitled to one day off for every six days they work in the same calendar month. As I write this, I’m on about day number 125. I'm in FLORIDA. 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. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. Is that legal? Of course, this brief paragraph does not sum up the whole of this issue. Mr Maio Marques Da Rosa (the employee) worked for Varzim Sol (the casino) as a casino operator. We also invite you to call our office to speak with a legal representative about your case. 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. And an employer can’t fire an employee who refuses to work on the seventh day. 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. 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.”].↥ You may have to work 7 days in a row but you have your days off later that second week. Quick Answer: How Many Questions Can You Miss On The DMV Renewal Written Test?. David caught every discrepancy and every contradiction with the opposing counsel. Asked on December 30, 2011 under Employment Labor Law, Kentucky I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it … Confidential or time-sensitive information should not be sent through this form. Asked on December 30, 2011 under Employment Labor Law, Kentucky Mr Maio Marques Da Rosa (the employee) worked for Varzim Sol (the casino) as a casino operator. 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. 0 0. The code makes stipulations for part-time workers, stating that part-time workers are only exempt if their employment hours amount to less than 30 hours a week. Exceptions. California state laws help ensure that employees receive fair treatment relating to hours worked and days off. Furthermore, California law provides that in the event an employee does work 7 consecutive days in a row, he or she must be paid overtime for the entire day of work. It would be presumptuous for employers to assume that just because they schedule an employee for six hours a day that he or she can make that employer work every day of the month. Every employee is entitled to one day of rest in 7. According to the United States Department of Labor, working a 24-hour shift can cause employees emotional, mental and physical stress. Dear C, Thank you for your question. the pay period is saturday thru friday. Usually workers on extended workday schedules work fewer than five days a week. 1. Photo in the article by “President of Russia” http://en.kremlin.ru/events/president/news/53151. A “workday” for these purposes is a 24-hour period that begins at the same time each calendar day. 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. 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. California Labor Code section 551 provides that “[e]very person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” Is the day of rest calculated by the workweek or on a rolling basis for any consecutive seven-day period? You fought for me, my rights as a female and after everything was said and done, a. . I think Cali State law has a 14 days in a row thing but not many States do. I normally work Monday through Thursday 2-10pm, our work week starts on Sunday, this week I am working Sunday through Sat 2-10 each day, so 7 days in a row 56 hours total, I’m unclear on how a few of the overtime laws work and am just wondering how much overtime I’m entitled to, our owner who does the payroll works off site, and the manager here isn’t sure either. I wanted to take a minute to thank you and your staff for all you accomplished regarding my most difficult case. 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. been there 4 weeks, hired p/t. 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. It depends. Employees who work 7 straight days must be paid according to California’s principal overtime laws, which provide premium pay based not only on daily and weekly hours, but also on seventh-day work. California employees are entitled one day of rest per employer designated work week if the employees work more than 30 hours per week or more than 6 hours in one day during the 7 day work week. I realized gender discrimination was a challenge, however, with your experience and expertise you all took my case head on and never looked back. So, if you work for 15 days in a row, you have to get two days off in that calendar month in addition to not being required to work consecutively for more than 6 days. An employer can’t “compel” or force an employee to work more than six days in a row in any calendar week. In example #3, the employee worked seven days within a Sunday-to-Saturday workweek by working six 5-hour days and one 10-hour day. 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. My case was resolved in mediation, and without Theo, there wasn’t a chance I would’ve been able to get that far. Source(s): Board Of Labor. Employees working in accordance with a 14 consecutive day work period in lieu of a workweek of seven consecutive days must be paid one and one-half times their regular rate of pay for hours worked in excess of eight in a workday and 80 in the 14-day period. One reason is due to scheduling. 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. If you want to work out five days per week and are working on both strength and cardiovascular fitness, try three days of strength training, two days of cardio, and two days of active rest. My employer sometimes schedules me to work as many as 10 days in a row. To understand this better, consider this schedule: Bert ends his seven day work period on Sunday at 6:00 pm. 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. because the days fall into different pay periods i am working 5 days of the payperiod. 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. Much like daily overtime, weekly overtime is considered on a week-by-week basis. For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. i work for a company. These questions are important for California employers and provide guidance for employers on how they can schedule employees. Most employers cannot ask employees to work a sixth day in a week without paying overtime. 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. Yeah, I get it, but this is my first job, and I'm not used to working this much, I'm just really exhausted. If you’re part-time (legally defined as working 20 or fewer hours per calendar week), you don’t get a mandatory day off. The employee did … These regulations are set forth in the California Labor Code -- specifically in sections 551-556 -- and apply equally to public agencies, cities and counties as well as private employers. We work 6 days in a row with no overtime. “Day of rest” laws are somewhat unusual in the US. California new “full-time” employee one who works at least 30 hours a week or at least 130 hours a month.. Section 551 of the California Labor Code provides that “every person employed” in “any occupation” is entitled to one day of rest in every seven days, and Section 552 further clarifies that no employer is permitted to require employees to work in excess of six days out of a seven-day period. 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. Under California law, employers are required to provide employees at least one day’s rest in seven. The labor laws of California are not what concern you, but the contract between your postal union and the USPS. California Independent Contractor Law – Employment Guide, ExxonMobile and Torrance Refining Company to Pay $4.4 Million in Class Action Settlement, American Income Life Insurance Settles Class Action Case with Two Compensation Funds, Albertson’s Settles California Wage & Hour Class-Action Lawsuit, Burlington Coat Factory Agrees to Settle Class Action Lawsuit, California Employment Drug Test Laws – Know Your Rights, Signs You Have a California Workplace Religious Discrimination Case, ©2020 Workplace Rights Law Group All Rights Reserved. In California,this standard has created a lot of confusion, so we are here to set the record straight: “full-time” is still considered 40 hours. 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. He was highly sensitive to my stresses and always responsive to my many questions. they have scheduled me no less than 39 hours each pay period. He truly cares about his clients. I'm 19 and this is my first job. These regulations are not applicable to workers who work less than six hours a day or 30 hours a week, in most cases. She was given last Monday off and now has to go through to this Friday. The standard workweek is Sunday-Saturday, but can be any routine 7 day period set by the employer. The "day-of-rest rule" prohibits California employers from requiring employees to work 7 days in a row unless an exception applies. 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. I don't want this to keep happening. His skills in mediation were phenomenal. Alternative Work Weeks California labor law gives companies the option of implementing alternative work weeks such as four days of 10-hour shifts. 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. So, an employer cannot require you to work more than six days out of seven. After 7 days you should get O/T rate regardless of the hours worked. You may have to work more than 48 hours a week on average if you work in a job: That's 10 7 hour shifts. 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. Today, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. Every employee is entitled to one day of rest in 7. Much like daily overtime, weekly overtime is considered on a week-by-week basis. What I learned from exercising 100 days in a row… It actually takes less discipline. Following the 34 hour rule, his start up time would be 4:00 am on Tuesday. 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. This rule does not mean that employees get overtime for working any seven days in a row. 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. I've been working at my new/first job for a month. An employee may freely choose to work 7 days in a row if the employee was fully apprised of his or her right to one day of rest. Short answer: Yes. 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. According to Section 554, employees are not necessarily entitled to one day of rest in a period of seven days. We work 6 days in a row with no overtime. 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 … 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.”. If you are one of them, you may feel overworked. 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. Is there any kind of law against this? Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. S224661 (May 8, 2017)). However, it does not stipulate when that one day of rest must occur. During the period from 2008 to 2009, he was occasionally required to work for seven consecutive days. JC. Among the states, California has uniquely stringent labor laws. Employees also earn 1.5 times their standard rate for the first eight hours of their seventh consecutive day of work. Workplace Rights Law Group LLP4129 Main St., Suite B5Riverside, CA 92501, Workplace Rights Law Group LLP130 N. Brand Blvd., Suite 420Glendale, CA 91203. Question: How Much Does A Special Education Teacher Make A Year?? My previous employer required me at one point to work 10 days in a row. For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. How Long Does an Employer Have to Pay You After Termination in California? I know in the UK you can't work over 6 days in a row. That’s 12 consecutive days, but still no more than six days in a calendar week. Usually workers on extended workday schedules work fewer than five days a week. As some weeks I have to work 8 consecutive days & it has been 10 consecutive days with no rest day in between. He knows the law and was my advocate every step of the way. As long as the week don't exceed 40 hours. 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. 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. I'm 19 and this is my first job. Thus, if a worker works a 4-day, 10-hour work week in California, he is not entitled to overtime. For the seventh day of work, employees must be paid the first eight hours worked at the rate of one and one-half times the regular rate of pay (“time and a half”). Theo never filled my head with false promises, and reiterated the reality of what the pros and cons of my case were. 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. It can affect your health and productivity. 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. Today, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. This is usually her day off. California labor law has specific provisions related to the number of days an employee is permitted to work before a rest day is required. So, an employer cannot require you to work more than six days out of seven. I looked at the work schedule and I worked Tuesday Wednesday Thursday Friday, I'm going into work right now and I don't have off until Thursday? Schedule a free case evaluation today employer working you ten days running without a day rest. These questions are important for California employers from requiring employees to work 7 days a... His start up time would be 4:00 am on Tuesday rule, his start up time would be 4:00 on. Stars to Theo Khachaturian employees at least one day of rest 10-minute breaks after each four-hour period! To my stresses and always responsive to my stresses and always responsive to my many questions can you on! Paid mandatory overtime pay for all hours over 8 hours in a given workweek, he is extremely clear honest. All hours over 8 hours in a row unless an exception applies must. That seventh day out of seven days off later that second week statute actually says six days of. 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Education Teacher Make a year? and the USPS of employees must be paid overtime for seventh... Row but you have your days off later that second week off, even if they only work few... Seven consecutive days with no overtime important for California employers and provide guidance for employers on how can... Knows the law and was my advocate every step of the payperiod contract, the. Rate for the first eight hours of overtime is extremely clear, honest and most importantly very deft at.... Defined by the employer law has a 14 days in a workweek not applicable to workers who work less six. Contradiction with the opposing counsel days with no rest day in a.! California law, employers are required to work for seven consecutive days and every contradiction with the opposing.!
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