Under California Labor Code Section 551, all employees are legally entitled to a rest day for every seven days worked. Giving employees a seven day work week and enforcing it is a misdemeanor offense.
This may sound very straightforward, but there are many exceptions to this California Labor Law.
Accumulated Days
Section 554 leaves employers a lot of leeway for when they schedule the day of rest. The only stipulation is that employees must receive one day off for every six days they work. Therefore, you might work 10 days in a row and then have two days off and this is perfectly legal. Your days off must be given in the same calendar month as the period that earned them.
Exceptions to Section 554
A few occupations and industries are exempt from Section 554 when an employee must be present to protect property or life. Railroad and agriculture are the biggest exceptions to this law. The employer must notify the employee in advance that this may be the case, and if the employee agrees to employment, they agree to forgo the rest day.
Part-Time Employees
If an employee works less than 30 hours a week or less than 6 hours a day, then these rules often do not apply. Part-time employees are only exempt if they work less than 30 hours per week. For weeks where they work more than 30 hours, they will receive one rest day.
California Workplace Rights Attorneys
If you believe you are not getting your legally required days off, then you should contact a California employment lawyer. Your attorney will discuss your rights and determine if you have a case.
California Wage and Hour Frequently Asked Questions
How many days in a row am I allowed to work?
California employees are entitled to one day off out of every seven.
What is Section 554?
California Labor Code Section 554 allows flexibility in when the days of rest are scheduled. Employers do not need to give the day of rest during the week it was earned. You can be legally scheduled for ten days in a row as long as you are given your days of rest during the same month they were earned.
What if I work part-time?
You will receive the day rest if you work more than 30 hours in one week or over 6 hours a day. If you work less than that, then you are not legally entitled to a day of rest.