View Full Version : Working 10 Days in a Row in CA

08-31-2005, 10:53 AM
I have seen two instances in the past year.

1. My previous employer required me at one point to work 10 days in a row. After bringing up the CA labor code that requires employers to provide 1 day off in 7, the HR director informed me that it didn't apply, since the 10 days were over 2 of her pay periods.

Pay Period 1 August 1 - August 14
Pay Period 2 August 15 - August 21
Required to work from August 8 - August 17

Nowhere in the code was any mention of pay period, however the HR director was insistent that this was just fine. This is, by the way, a huge name company, who recently lost a lawsuit for other instances of employee mistreatment.

2. Another company has just informed a friend of mine that he has to work 10 days in a row. I don't have any additional details on this instance, but once again, it is in the state of CA.

Thank you for your help.

08-31-2005, 11:26 AM
One day off in seven does not mean every seventh day off. In a state with a one-day-off-in-seven rule, an employee can be required to work as many as 12 days in a row without being the employer being in violation of the statute.


Week one: Employee is off on Sunday and works Monday, Tuesday, Wednesday, Thursday, Friday and Saturday

Week two, employee works Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and has Saturday off.

Employee has had one day off in both seven day periods, but has worked twelve days in succession.

09-05-2005, 10:08 AM
This is an interesting question. At my job, there was a span that I worked about 21 days in a row with a day off. The only overtime I received was for the work on the weekend since that took be over 40 hours for the week. But should I have received more overtime for working that many days in a row?


09-05-2005, 12:01 PM
Very likely - this is also a question you can take up with the state DOL. You want to do it at the state level, not the Federal, since under Federal law you were paid correctly. California requirements are different.

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