Is it legal to work six days in a row?
Under Labor Code 551, all California employees are entitled to one rest day out of seven days. Under Labor Code 552, it is a misdemeanor for employers to require employees to work more than six days out of seven days.
By Douglas Wade, Attorney
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How many consecutive days can you work in California?
In California, labor laws ensure that employees have adequate time for rest and personal time. According to Section 551 of the California Labor Code, every employee, regardless of their occupation, has the right to at least one day of rest in a seven-day period. This means that as an employee, you must be given a day off within every seven consecutive days of work.
Furthermore, Section 552 of the California Labor Code emphasizes that a company cannot legally require their workers to labor more than 6 days out of a 7-day period. Attempting to mandate a 7-day workweek is considered a misdemeanor offense. This provision exists to protect employees from excessive and continuous work hours, promoting their physical and mental well-being.
While these laws apply to the majority of employees, it is important to note that exceptions do exist – discussed below. Some occupations might have different rules or exemptions, particularly those involving public safety, healthcare, emergency services, and certain industries with specific labor agreements. These exceptions are typically put in place to address the unique demands of these professions while still ensuring employee safety and fair treatment.
Can Individuals Work Six Days in a Row in California?
Section 552 of California’s Labor Code stipulates that employers cannot require employees to work for over six days out of a seven-day week. However, the section also says that the business may infringe if a business attempts to make a seven-day workweek mandatory for employees.
Additionally, Section 551 of the state’s labor code provides all California workers to receive one day off out of every seven, regardless of what they do for a living.
However, exceptions exist to these provisions. This brief article will clarify how many days California employees can legally work in a row. We will also go over the exceptions to the rule, how these rules work for part-time workers, and the number of days off employers must provide.
Many workers in California wonder how many days they can legally work in a row. Here, we will clarify the rights of workers in this case and the rights of California employers.
What restrictions does the law put on the number of work days?
In California, the labor laws regarding consecutive workdays offer some flexibility to employers while still ensuring that employees receive adequate rest. Although the Labor Code does demand one rest day out of seven, it fails to specify a fixed weekly cycle for the break day. Instead, Section 554 of the California Labor Code allows employers to provide the required day of rest within a broader time frame. An employer who allegedly violated employment law should contact our employment litigation attorney for employers to defend against the employee’s lawsuit or claim.
This means that your employer can schedule you to work for up to nine consecutive days, followed by one rest day, and then another ten consecutive workdays. While this might seem like a violation of the labor laws, it is not necessarily the case. Under Section 554, workers are allowed one rest day every 6 days they work within the same month. This monthly approach to rest days provides some flexibility for employers to arrange work schedules.
In other words, an employer can have you work for twenty-one consecutive days without a break, so long as they grant you three consecutive rest days at some point during the same calendar month. This allows businesses to accommodate busy periods, seasonal demands, or other operational needs while still ensuring that employees receive the required rest days within a reasonable time frame.
Of course, while this provision grants flexibility to employers, they must still abide by the overall guidelines provided by the labor laws. For instance, if your employer fails to give you three days off during the month after a 21-day work period, they would be in violation of the labor laws.
As an employee, it is crucial to be aware of your rights and the applicable labor laws to ensure that your employer complies with the regulations. If you have concerns about your work schedule or suspect any violations, it may be wise to seek legal advice from an employment lawyer or consult with a relevant authority to address any potential employee rights dispute.
What are exceptions to the law?
In California, the rules about consecutive workdays and rest periods do come with some exceptions, but these exceptions are limited to specific occupational fields. The exemptions primarily apply to the railroad and agriculture industries, and only under certain circumstances where the presence of the employee is necessary to protect property or life.
For agricultural workers and those employed in the railroad industry, there may be situations where their work is critical to safeguarding property or life. In such cases, employers have the ability to deviate from the standard rules regarding rest days. However, it is essential to note that these exceptions should be used sparingly and only when there is a legitimate need for the employee to work without a day of rest.
It is a requirement for employers to inform their employees about these potential exceptions during the hiring process. When an employer anticipates that the nature of their business might necessitate an employee working on their seventh day of rest, they must communicate this clearly to the employee. As a result, the employee is aware of the possibility and can decide whether they are willing to accept such conditions before taking the job.
By accepting employment in an exempted occupation, the employee agrees to give up their seventh rest day when it becomes necessary for the employer to schedule them to work on that day. The agreement is part of the employment contract, and employers are expected to respect the rest of the labor laws while applying the exception in a responsible and lawful manner.
It is worth reiterating that these exceptions apply to a limited number of industries and only in specific situations where there are compelling reasons to forgo the regular rest day. For the majority of other occupations in California, the general rule remains intact, entitling employees to one day of rest out of every seven days worked.
What Happens if an Employee Works for Seven Straight Days in California?
Many California workers are surprised to receive a schedule that puts them to work for eight or nine days straight, with only one day off. Some of these workers may even think that their employer is exploiting them.
California’s Labor Code makes it mandatory for employers to provide one rest day out of seven workdays. However, the Labor Code does not dictate when the worker must take the day off.
California employees, therefore, are not guaranteed one day off per each set of seven days. Instead, workers receive one rest day for every six days worked over the same month.
This distinction is important for employees and employers in the state to be aware of. In addition, the Labor Code allows employers key flexibility in providing days off, meaning that an employee technically could work for ten days in a row if the company arranged the schedule that way.
For example, if a company decides to schedule an employee for 21 days without a rest day, they can do so—as long as the company provides the worker three rest days during the month simultaneously.
Can a California Employer Ask an Employee to Work for Six or More Days in a Row?
California law does not typically allow employers to ask employees to work more than six days out of seven. Therefore, it is not common for workers to do so.
When we carefully examine the Labor Code, it is clear that employers cannot ask employees to work over six days out of seven.
However, the law also states that workers who need longer work weeks or whose jobs require longer work weeks can work over seven days straight. However, the disclaimer is that one day out of every seven must be a day off or rest.
For example, an employee could receive all their rest days at the end of the month. In this case, the employer and employee would still be working within the constraints of the labor code.
However, the California Labor Code does include some exemptions to its rules.
What Are the Exceptions to the Rule?
According to the laws of California, exemptions to the state’s rest day rules are granted to:
- Railroad workers
- Agricultural workers
- Situations when the worker must be there in person to protect property or life
In these scenarios, workers must tell employees that their hours may be longer than usual. When worker signs their contract, in many cases, they agree to give up their seventh “off day.”
What About Part-Time Workers?
Part-time workers in California provide another exemption. Employees who work under six hours per day or less than 30 hours per week are typically exempt from California’s rest day rules.
Most employers understand that even if they allow some workers to work for five or six hours per day, they cannot ask that individual to work for 30 straight days, for example.
California’s Labor Code states that part-timers are exempt if they work under 30 hours per week. However, if an employee logs over 30 hours weekly, the employer must provide them with a day off.
Therefore, a part-time worker who sometimes works over 30 hours per week should receive a day off during those specific weeks.
Common Questions About Working Six Days in a Row in California
We hope this article answers all your questions and clears up any misconceptions. If you still have questions about California’s rest day rules, here are some quick answers.
What Does the California Labor Code Say About Days Off?
Specifically, Section 554 of California’s Labor Code allows employers to decide how to provide employees with days off. Based on this freedom and the law’s wording, some employers ask employees to work for more than seven days in a row. The key aspect to understand is that one rest.
How Many Days Can California Employees Work in Succession?
The law dictates that California workers are permitted at least one rest day per seven workdays.
Do California’s Rest Day Rules Apply to Part-Time Employees?
These laws typically do not apply to employees under six hours a day or less than 30 hours per week. However, when employees work longer than 30 hours per week, they must be afforded a day off.
Why Should California Employees Contact a Workplace Rights Lawyer?
California’s laws regarding rest days are equitable for employers and their employees. Yet, sometimes employers violate these policies and exploit their workers.
For example, if employees work eight hours per day, seven days a week, without a rest day, their rights are violated.
At Nakase Wade, we have helped countless California workers better understand their rights, ensuring that their work schedules are beneficial and keeping with the law.
Our California employment attorneys and workplace rights lawyers have extensive experience helping workers with employment cases and employment rights violation questions. Our overall goal is to ensure that our clients understand their rights, so they can continue to work hard.
We also recognize that California employers may have questions about the state’s employment laws. Sometimes, employers also must deal with exploitative workers.
Whatever the case may be, contact our skilled legal team for a free consultation today. We look forward to helping our state’s employees and employers better understand the Labor Code and work together to continue to prosper.
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