How to apply for an exemption from the prohibition against an agriculture employee working seven days in a week?
Labor Code sections 551 and 552 require employees to receive one day of rest in seven, unless one of the following exceptions applies:
- The work is performed to protect life or property from loss or destruction. (Labor Code section 554(a))
- When the nature of the employment reasonably requires that the employee work seven or more consecutive days, an employer may require its employees to work seven consecutive days, so long as each month the employees receive the equivalent of one day off in seven. (Labor Code section 554(a))
- Employers requiring their employees to work seven days a week based on one of the exceptions should document the specific circumstances or conditions for use of the exception, in the event a wage claim or other enforcement action is taken for violation of this standard.
What is the process for seeking an exemption from the prohibition against an employee working seven days in a week?
In addition to the exceptions stated above, the Labor Commissioner may also exempt an employer or employees from the “one day’s rest in seven” requirement if hardship would otherwise result. Employers who wish to seek an exemption under this section prior to performance of the work should refer to DLSE Form 104 and send an application to:
DIR/DLSE – IWC Exemptions
P.O. Box 420603
San Francisco, CA 94142
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