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CA Law and Consecutive Days Worked California California

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  • CA Law and Consecutive Days Worked California California

    Hello, everyone.

    My question relates to California labor law and consecutive days. Here's a brief description of my situation:

    I work for a nonprofit religious organization as an hourly employee nominally scheduled for 22 hours a week MF (4, 4, 6, 4, and 4 hours respectively). In practice, because I am responsible for locking up the facility at the end of the night and as such must be the last person to leave the facility, I usually end up working about 25 hours per week or so.

    And now we come to the tricky part:

    Previously, I had been a contractor for this same organization, and was hired as an audio engineer on the weekends (both Saturday and Sunday). As an employee, I still work many weekends as an audio engineer, but am not assessed as an hourly employee. Instead, a single line item appears on my paycheck showing one hour of work at a rate equal to the total amount of pay for weekend audio engineering that is paid to contractors. In reality, I work about 11 to 12 hours over those two days, but it is assessed as only one hour.

    This calls into question the issue of consecutive days. Since I began this position, I have gone through three periods of 26 consecutive days or more, since I'm in every day. In total, I have worked 115 days and been off only 13 days. Under section 556 of the CA law, the consecutive days provisions of section 551 to do not come into effect unless the employee works more than 30 hours in a seven day period. In reality, I do work more than 30, but because my weekend hours are not assessed as just one hour, on paper I appear to fall short of the 30-hour standard to invoke section 551.

    Does section 551 of the CA law apply in my case?

    Thanks very much for your time and assistance! I appreciate the presence of communities like this one as a forum for questions like this.


  • #2
    You have multiple issues here and most of them are very hard to parse out via message board. I would call the DLSE and ask them as their opinion is the only one which counts anyway.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.