The cost of living keeps increasing, and it seems companies are always looking for more help. These issues may lead employers and employees to wonder if it is legal for employees to work seven days a week or if there is a limit to how many consecutive days someone can work without an off day. If you have found yourself in conflict with your employer and feel that they are violating California labor laws because of what they ask you to work or how much they pay you for that time, you should contact a San Francisco overtime, wage, and hour attorney to help you determine if you are being exploited. If so, you may be eligible for compensation.
California Scheduling Requirements
California does not provide many regulations on when, where, or how often people can work. Still, they have measures to ensure that you are compensated for more than some may think appropriate. Depending on your specific situation, it may not be a question of if you are allowed to work so often, but if you are owed overtime pay for how often you work.
According to the Department of Industrial Relations (DIR), overtime must be paid out for time worked on the seventh consecutive day of a given work week. The first eight hours worked on the seventh day must be paid 1.5 times the standard pay rate. Anything above eight hours worked on the seventh day must be paid at two times the standard pay rate.
No California law makes it illegal to work seven days in a row. However, section 551 of the California labor code entitles workers to a day of rest. It is illegal for an employer to discipline you for utilizing your day of rest. You may waive that day in exchange for overtime pay, but choosing to keep that day of rest cannot be used against you by your employer. Attempts to enact any kind of disciplinary action on those grounds may find them violating California labor laws.
Exceptions to Day of Rest Requirements in California
Some exceptions to this rule may apply if you work in healthcare or emergency services, among other professions. This only applies to working seven consecutive days within a specified seven-day period. For example, if your company’s workweek is Sunday to Saturday and you work Saturday to Friday, with the following Saturday off, this may not be in violation. However, if you worked every day from Sunday through Saturday, you would likely be eligible for the associated overtime pay.
The California Day of Rest entitlement does not apply if you have worked fewer than 6 hours on a given workday or 30 hours a week. It also does not apply to otherwise exempt employees, such as salaried employees. The California Labor Code also allows many exceptions to typical working hour regulations for those who work alternative schedules. An example of this may be those who work in healthcare and work four 10-hour shifts with three days off.
Seventh Day Protections
If your employer takes disciplinary action for using your day of rest, they are violating labor laws. In accordance with section 553 of the labor code, they may be found guilty of a misdemeanor in criminal court and held accountable for civil penalties. Suppose you feel forced to work on your seventh day or have not received the appropriate overtime pay. In that case, you may be able to recover that back pay and compensation when you contact The Armstrong Law Firm for a free case consultation where you may discuss the details of your situation.