That's 10 7 hour shifts. The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. During the period from 2008 to 2009, he was occasionally required to work for seven consecutive days. However, under state law, this varies. And an employer can’t fire an employee who refuses to work on the seventh day. Much like daily overtime, weekly overtime is considered on a week-by-week basis. 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. 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. Source(s): Board Of Labor. 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. 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. .win for older females in a male dominated career. 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. At the moment she is working ten days running without a day off. Following the 34 hour rule, his start up time would be 4:00 am on Tuesday. 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. Are we not due OT? He knows the law and was my advocate every step of the way. The standard workweek is Sunday-Saturday, but can be any routine 7 day period set by the employer. Mr Maio Marques Da Rosa (the employee) worked for Varzim Sol (the casino) as a casino operator. After the day off she has another five 7 hour shifts. 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. After the day off she has another five 7 hour shifts. 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. 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. You may have to work 7 days in a row but you have your days off later that second week. Hourly workers working more than 8 hours in a work day must be paid mandatory overtime pay for all hours over 8 hours. Confidential or time-sensitive information should not be sent through this form. 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. I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it … because the days fall into different pay periods i am working 5 days of the payperiod. How Long Does an Employer Have to Pay You After Termination in California? 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. If you’re part-time (legally defined as working 20 or fewer hours per calendar week), you don’t get a mandatory day off. Longer answer: California has a “day of rest” law that requires employers to give their employees at least one day off in every workweek. However, if you work six to eight hours every day and do not receive a rest day for every seven days worked, you may have an employee rights violation case on your hands. My employer sometimes schedules me to work as many as 10 days in a row. Usually workers on extended workday schedules work fewer than five days a week. Workplace Rights Law Group LLP4129 Main St., Suite B5Riverside, CA 92501, Workplace Rights Law Group LLP130 N. Brand Blvd., Suite 420Glendale, CA 91203. 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. 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. 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. David saved my soul and believed in me. Today, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. Today, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. I realized gender discrimination was a challenge, however, with your experience and expertise you all took my case head on and never looked back. 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.” 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. Mr Maio Marques Da Rosa (the employee) worked for Varzim Sol (the casino) as a casino operator. He was highly sensitive to my stresses and always responsive to my many questions. For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. But, it probably does not prohibit employees voluntarily agreeing to work 7 or more consecutive days. My previous employer required me at one point to work 10 days in a row. Example: Pay Period 1 August 1 - August 14 Pay Period 2 August 15 - August 21 She has been given a summer rota and for the first time ever has to work Sundays for three weeks. 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.” For example, in California and Kentucky, an employer must provide employees with paid 10-minute breaks after each four-hour work period. S224661 (May 8, 2017)). Among the states, California has uniquely stringent labor laws. An employer can’t “compel” or force an employee to work more than six days in a row in any calendar week. We work 6 days in a row with no overtime. S224661 (May 8, 2017)). Much like daily overtime, weekly overtime is considered on a week-by-week basis. This is usually her day off. 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. the pay period is saturday thru friday. You may have to work more than 48 hours a week on average if you work in a job: She was given last Monday off and now has to go through to this Friday. Like with all of California’s labor laws, there are exceptions. 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. It depends. Usually workers on extended workday schedules work fewer than five days a week. Turlock, CA John L is a bio-medical technician at a hospital that recently changed his and many other employees' work week. FAQ - I worked 9 days in a row, don't I get double time after working 7 days in a row? 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. It can affect your health and productivity. The Labor Code does require one day of rest out of seven. These regulations are not applicable to workers who work less than six hours a day or 30 hours a week, in most cases. The casino operated for 12 hours a day on 364 days of the year. Without hesitation I am giving a 5 out of 5 stars to Theo Khachaturian. been there 4 weeks, hired p/t. Overtime ← Back to California Overtime and Labor Laws Page. 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? California Overtime Law. Answer. 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. 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. Are we not due OT? 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. 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. At the moment she is working ten days running without a day off. During the period from 2008 to 2009, he was occasionally required to work for seven consecutive days. 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. 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. California new “full-time” employee one who works at least 30 hours a week or at least 130 hours a month.. I know in the UK you can't work over 6 days in a row. If a worker works more than 30 hours in a given workweek, he or she is entitled to a day of rest. Is that legal? 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. As long as the week don't exceed 40 hours. After 7 days you should get O/T rate regardless of the hours worked. Unlike the federal overtime law, qualified employees are paid twice their standard rate when they work more than … 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. However, it does not stipulate when that one day of rest must occur. This rule does not mean that employees get overtime for working any seven days in a row. The statute actually says six days in a calendar week is the maximum permissible time worked. He is extremely clear, honest and most importantly very deft at mediation. 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? It’s only illegal to compel or require someone to work that long over their objection, and/or to discipline an employee who refuses. That's 10 7 hour shifts. Quick Answer: How Many Questions Can You Miss On The DMV Renewal Written Test?. All employees deserve a day off, even if they only work a few hours each day. 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. 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 … If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week. It can cause work-related problems including job burnout. If he believes in the merits of your case, you can be assured that nobody will work harder or more passionately than David Simpson. If a worker works more than 30 hours in a given workweek, he or she is entitled to a day of rest. Most employers cannot ask employees to work a sixth day in a week without paying overtime. I don't want this to keep happening. To understand this better, consider this schedule: Bert ends his seven day work period on Sunday at 6:00 pm. 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. If you are working on the seventh day out of seven days, you must be paid overtime for that seventh day. We work 6 days in a row with no overtime. Rather, they are entitled to one day off for every six days they work in the same calendar month. We also invite you to call our office to speak with a legal representative about your case. 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 … (Employees may work seven days in a row across two different work weeks.) It may sound like a cliché, but when I began working with Theo it felt as though for the first time someone actually listened to me and believed me. 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. If you are one of them, you may feel overworked. 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. 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. Is there any kind of law against this? The law is 40 hours or 7 days. This is usually her day off. Quick Answer: Where Is The Issue Date On My Driving Licence?? You fought for me, my rights as a female and after everything was said and done, a. . A “workday” for these purposes is a 24-hour period that begins at the same time each calendar day. To schedule your free case review online, click “Get Started” below. David caught every discrepancy and every contradiction with the opposing counsel. 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. At least two-thirds of employees must approve such a change in a vote that takes place by secret ballot. Yeah, I get it, but this is my first job, and I'm not used to working this much, I'm just really exhausted. These questions are important for California employers and provide guidance for employers on how they can schedule employees. I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it … According to California Law, California employees are allowed at least one (1) day off out of every seven (7) days. 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”). I've been working at my new/first job for a month. 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. Thus, if a worker works a 4-day, 10-hour work week in California, he is not entitled to overtime. She was given last Monday off and now has to go through to this Friday. I don't want this to keep happening. 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. The casino operated for 12 hours a day on 364 days of the year. Depends on your contract, and the number of hours you work. The "day-of-rest rule" prohibits California employers from requiring employees to work 7 days in a row unless an exception applies. Is it illegal to work 7 days in a row in CA? Is there any kind of law against this? I'm in FLORIDA. Every employee is entitled to one day of rest in 7. 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. Employees who qualify for California overtime are paid at 1.5 times their standard rate when they work more than eight hours in a workday and more than 40 hours in a workweek. 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. Of course, this brief paragraph does not sum up the whole of this issue. Employees also earn 1.5 times their standard rate for the first eight hours of their seventh consecutive day of work. 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. The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. Under California law, employees are entitled to “one day’s rest in seven.” But what, exactly, does that mean? “Day of rest” laws are somewhat unusual in the US. I work 5 to closing (sometimes 1, sometimes 1:30 sometimes even 2). 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. Question Details: I just resigned from a 911 center. She has been given a summer rota and for the first time ever has to work Sundays for three weeks. We work 6 days in a row with no overtime. As I write this, I’m on about day number 125. 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. I wanted to take a minute to thank you and your staff for all you accomplished regarding my most difficult case. The employee did … (Employees may work seven days in a row across two different work weeks.) 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. 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? 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. 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. I'm 19 and this is my first job. According to Section 554, employees are not necessarily entitled to one day of rest in a period of seven days. The standard workweek is Sunday-Saturday, but can be any routine 7 day period set by the employer. 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. 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. 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. If an employee has to work seven consecutive days, the employer may … In general, working over eight hours per day is considered working 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. I'm already looking forward to seeing people saying "you're lucky you even have a job", or "get over it, I work ___ days in a row and I'm not complaining." 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. 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. 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. 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 … 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. Eligible employees must be over 18 years old, though exemptions apply. I think Cali State law has a 14 days in a row thing but not many States do. 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. 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. Asked on December 30, 2011 under Employment Labor Law, Kentucky I'm 19 and this is my first job. 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. Theo never filled my head with false promises, and reiterated the reality of what the pros and cons of my case were. As some weeks I have to work 8 consecutive days & it has been 10 consecutive days with no rest day in between. they have scheduled me no less than 39 hours each pay period. 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.”].↥ What the pros and cons of my case were to call our to. 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