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7 working days in California California

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  • 7 working days in California California

    Hello everyone. I need some advice and information. Once a month my employer schedules me to work 7 days in a row. Mon tues wed thurs frid sat and sunday. By Sunday im usually very very tired. I work 8hrs a day for those 7 days and receive my regular hourly pay.
    Now to my question: Is this legal and if so is there some kind of overtime pay for the 6th and 7th day?
    Any input or info would be helpful pls. Thank you

  • #2
    It's legal to make you work seven days in a row. Whether or not you're entitled to OT pay depends on if you're exempt or non-exempt. We can tell you this if we know what your job is.

    Comment


    • #3
      You are only ever entitled to OT if you are a non-exempt employee. Here is
      a link with questions & answers re OT Ca.

      http://www.dir.ca.gov:80/dlse/FAQ_Overtime.htm

      Re working 7 days in a row in Ca:

      550. As used in this chapter "day's rest" applies to all situations
      whether the employee is engaged by the day, week, month, or year,
      and whether the work performed is done in the day or night time.

      551. Every person employed in any occupation of labor is entitled
      to one day's rest therefrom in seven.

      552. No employer of labor shall cause his employees to work more
      than six days in seven.


      (H) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an

      accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive

      days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Im a full time employee for (deleted) at the paint department. They schedule me 40 hrs every week.
        Last edited by Betty3; 08-25-2011, 12:14 PM. Reason: remove name of employer

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        • #5
          you guys are very informative
          Last edited by cruznballer; 08-25-2011, 12:07 PM.

          Comment


          • #6
            You "sound" non exempt based on the limited info received. We would need more details
            re duties & if you supervise anyone etc to tell you more.
            Last edited by Betty3; 08-25-2011, 12:18 PM.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              sorry didnt know i wasnt suppose to put employer name.

              But Im just a sales associate so im not a supervisor. Im hourly only and I do receive overtime only when I work over my 8hr day. I do not supervise anyone.

              Comment


              • #8
                As far as duties I just help customers, stock the shelves, ring people out on cash registers, etc. Just all the retail stuff without the manager or supervisor side.

                Comment


                • #9
                  Based on that info, you're hourly non-exempt.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Agreed on non-exempt classification.

                    A follow up on CA's one day in seven rule. The CLC cite just says "employee", implying all employees. But when laws (including CLC) are passed they are normally implemented via regulations. CA has industry specific regulations called Wage Orders. If you read the fine print, the so called day of rest rules are in Section 3 (H) in the wage orders. However, if you read Section 1 it says (less then clearly) that Sections 3-12 apply to non-exempt employees only. So even though the statutory law implies all employees are effected, CA-DIR (the people who wrote the regulations) consider this to be a rule directed to non-exempt employees only. This is not the only time CA-DIR has taken a law apparently effecting all employees and restricted it to non-exempt employees only. (All of Sections 3-12 are non-exempt employees only) And since CA-DLSE (the enforcement group) is a division of CA-DIR, the Wage Orders are indeed official as far as CA is concerned.

                    It is not unusual for laws to be short and general, with the regulations providing most of the guidance. Unless the courts disagree, which occasionally happens, the regulations functionally are the "law" for most purposes.

                    It is a good idea for CA employers to always take a look at their own industry specific regulation and not to relay entirely on the more general CLC. The CLC is not so much wrong as incomplete. "Law" in the broad sense of the word is not just the statute itself, but also regulations and court decisions.

                    http://www.dir.ca.gov/iwc/WageOrderIndustries.htm
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      I also found in a reference re Ca. hrs. & days of work:

                      (F) An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during such workweek
                      do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6).
                      (G) If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be available
                      for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food
                      or drink.
                      (H) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an
                      accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive
                      days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        So am i suppose to receive ot for 6th and 7th day or just 7th day? I dont want to sound stupid but (im young) non exempt means I do receive ot right?
                        Last edited by cruznballer; 08-26-2011, 12:02 PM.

                        Comment


                        • #13
                          Hourly non exempt is entitled to OT.

                          http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            The sheet Betty referenced has the information on it for you.

                            Overtime in CA is calculated on a daily basis. That is, if you work one minute over 8 hrs in a day, that additional minute should be paid at time & 1/2. Any time worked over 12 hours in one day is paid at double time.

                            If you work more than 40 hours in a work week, you are entitled to OT for any time over 40 that you worked.

                            If you work 7 days, all time up to 8 hrs is to be paid at time and 1/2, and any time worked over 8hrs is paid at double time.

                            Comment


                            • #15
                              Thank you lolcat betty and daw. Now I have to approaceh my hr lady or file for that dsle claim for the non paid ot.

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