View Full Version : A Day of Rest in 7 California

12-16-2006, 09:44 AM
Hello All

We need your advice. We work for a large company that is on the Dow Jones located in California. This time a year is very business for us. I am a front line supervisor that is being required to work 10 to 14 hours a day 7 days a week. Our staff as a group has discussed the issue with the plant manager and suggested that on the weekend we divide the workload and allow a few of the staff a day off on a Saturday or Sunday for rest. The plant manager just no and he says he wants ALL HANDS ON DECK. My question is? Is not there a California Labor Law requiring a employer to allow us at least a day of rest in 7?

Any advice would be great.

Tired in California:confused:

12-16-2006, 09:55 AM
Some California experts are here and may respond, but, as I understand your laws, non-exempt employees get double time beginning with the ninth hour of work on the seventh day of the workweek, if they worked the previous six days.

If you are exempt (which you could be, given your job as a supervisor), you may get nothing more than another day to prove your value to the company.


12-16-2006, 10:04 AM
Our staff is not looking for extra money just 1 day off in 7... Even GOD rested on the 7th day..

12-16-2006, 10:38 AM
Even GOD rested on the 7th day..

That may be, but I don't think California requires it. You just need to be paid more. Time and a half on day seven for the first eight hours (some exceptions based on hours worked during the week, if I recall) and double time after that.

In other states, you could be worked 12 hours a day (or more), seven days a week and get only the overtime for working over 40 hours. California offers you much, much more.

God is exempt from overtime and gets to set His own rules.

12-16-2006, 12:34 PM
California does allow for one day's rest in seven. That's 7 days in a row, not the seventh day in the workweek. However, there have been decisions, I believe, that have said that the days may be "accumulated" and can be provided in the equivalent of same in a one-month period. See Paragraph G here (it's on page 5):

I'm not unsympathetic, believe me. However, irrespective of the provision and interpretation of the Labor Code, if this is just a temporary situation, if you can suck it up and work as requested, you're going to be considered much more of a team player. Hopefully, the employer will realize this.

12-16-2006, 03:04 PM
I am on day 22 without a day off.... I believe I get Christmas but who knows.

Thanks for the input...


01-03-2007, 05:17 PM
The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years
of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work.
Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless
the employee receives one and one-half (11/2) times such employees regular rate of pay for all hours worked over 40 hours in the
workweek. Eight (8) hours of labor constitutes a days work. Employment beyond eight (8) hours in any workday or more than six
(6) days in any workweek is permissible provided the employee is compensated for such overtime not less than:
(a) One and one-half (11/2) times the employees regular rate of pay for all hours worked in excess of eight (8) hours, up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work
in a workweek; and
(b) Double the employees regular rate of pay for all hours worked in excess of 12 hours in any workday and for all
hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

01-04-2007, 03:21 AM
And did the OP even ask about overtime pay laws? Nope. :confused:

01-04-2007, 12:20 PM
7th day overtime applies...I'm giving useful information to the "OP" try it sometime....who cares what i post...whats it to you....are you the forum nazi?

oh and it is one days rest per workweek.

01-04-2007, 12:28 PM
Villain, if any responders need reprimanding, I'll do it. You needn't bother yourself.

Please keep your posts civil. This means everyone.

01-05-2007, 03:36 AM
oh and it is one days rest per workweek.

oh, and, no it isn't. Section 12, 554 here:

Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably
requires that the employee work seven or more consecutive days,
providing that in each calendar month the employee receive days of
rest equivalent to one day's rest in seven.

Note this says "consecutive" days, not "workweek".

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