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Thread: Working 8 days in a row? California

  1. #1
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    Default Working 8 days in a row? California

    My current job has me scheduled to work like this:
    1st week--Sunday, Thursday-Saturday
    2nd week--Sunday-Thursday

    The Thursday-Thursday span is 8 days. I read the labor laws and it says I'm entitled to 1 day of rest every seven. Does that apply in this case? I'm working 2 different weeks, so I don't know if that's considered a new workweek and the seven day rule starts over.

    Also, it isn't reasonable for them to schedule me like this; I work retail and we are fully staffed. There are easily 2-3 other people that could take shifts for me.

    I tried to search the forum but couldn't find a solid answer on working 8 days over 2 consecutive workweeks.

  2. #2
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    Whether it's "reasonable" is something we can't determine.

    CA Labor Code Section 554

    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, if in each calendar
    month the employee receives days of rest equivalent to one day's rest
    in seven.

  3. #3
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    I believe the requirement of 1 day rest for working 7 or more days only apply to motion picture (film) industry, it does not apply to retail industry.

  4. #4
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    It applies to all employees: California: Every employee is entitled to one day of rest in 7. So, an employer cannot require you to work more than six days out of seven.

    But if the nature of the work reasonably requires that the you work seven or more consecutive days, you have to get the equivalent time off in a calendar month to make up for the days you did not get off in the those seven days. So, if you work for 15 days in a row, you have to get two days off in that calendar month in addition to not being required to work consecutively for more than 6 days.

    If you are working on the seventh day out of seven days, you must be paid overtime for that seventh day.

    An exception to this is if you do not work more than 30 hours in a week or six hours in any one day during the week.

    If you work seven consecutive workdays (meaning seven days in a row) in a workweek, your employer must pay you time and one-half the regular rate of pay for the first eight hours you work. Double time must be paid for all hours worked beyond eight hours.
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  5. #5
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    hmmm...Still a bit iffy about "workweek." If that means if I'm working the whole 7 days (sun-sat) then I can see it, but I'm still not sure if they're able to get away with 8 days in a row, that goes on to a second "workweek."

    Well, we have 5 other people scheduled at 25 hours total for the week, where they always complain that they don't get enough hours. There's one person that isn't even scheduled to work the entire week, and they don't have any unavailable time; they simply didn't get scheduled.
    I got signed on as a part-time employee with a schedule of 25-30 hours a week. Every week I've worked at this job I've been scheduled over 32 hours. I feel more like a full-time employee than a part time, without getting any of the benefits.
    I definitely feel like it's time to get a new job, but I got hired on during the holidays, so I expected a need for lots of hours. But the holidays are over, and for the past 2 weeks i've still been getting scheduled for over 32 hours (this next week I'm scheduled 38, and I have to go back to school ).

  6. #6
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    The "workweek" is a 168 consecutive-hour period and it must be defined by the employer. However, as already stated, twice, the entitlement of "one day rest in seven" is not specific to the workweek AND it does not prohibit 8 days in a row, or even 16 days in a row, as long as you get the equivalent of one day's rest in seven over the calendar month. So, for a 28-day month, if you get seven days off (all together or spread out, doesn't make any difference) the requirements of the law have been met.

    I don't necessarily disagree that it might be more fair to equitably schedule the hours among all employees, but the law doesn't require that.

  7. #7
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    Also, the workweek is a federal law concept that affects overtime and minimum wage. It is one of the important cornerstone concepts that greatly impacts labor law. CA is using the workweek as part of their "1 day in 7" law, but the workweek is legally well defined outside of CA law.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm
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  8. #8
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    Let's say the work week runs Sunday through Saturday.

    Week One, you work Sunday, then Thursday, Friday, Saturday. You had three days off during that work week.

    Week Two, you work Sunday through Thursday and have Friday and Saturday off. You had two days off during that work week.

    Even though you worked eight straight days, the law has not been violated and you had more than the number of days off required by law in EACH work week.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

  9. #9
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    This may be too practical a suggestion, but why not talk to the person who does the scheduling and ask that they not schedule you to work 8 days in a row?

  10. #10
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    Just to clarify, it's one day's rest in seven, not specifically one day's rest in the defined workweek.

  11. #11
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    Great, thanks for clarifying that.
    I've talked to the right people and have been told the scheduling is automated, and if they need to, they can tweak the schedules. I've specifically asked since I'm recognized as part time to be scheduled as such, but no promises can be made (of course, I realize this).
    So as long as I get the correct amount of days off, there's nothing in violation. Ok, that works out.
    It's not just me, I was getting a bit concerned about others; there have been people scheduled 10 days in a row, and some even longer, so I wanted to see if my employer was doing something wrong. This is my first employer that scheduled people in such a way, and I've been working retail for a majority of my working life.

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