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Consecutive Days Working California

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  • Consecutive Days Working California

    Is there a law in California that states the employees have to have a day off within a certain amount of time? Let me explain, we work in the refineries and during the "turnarounds" when the units are down, we work 12 hour days for 7 days a week, usually last anywhere from 2 weeks to 6 weeks long, then everyone gets laid off and the job is done. Do we need to give our employees a day off every so many days? Please advise.

  • #2
    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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    • #3
      What if the employee wants to work all those days and doesnt' have a problem with working 7 days straight for 5 weeks. Is it against CA law for us to allow this?


      • #4

        California Labor Code:
        551. Every person employed in any occupation of labor is entitled to one day's rest there from in seven.

        553. Any person who violates this chapter is guilty of a misdemeanor.

        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. ...
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5
          Which all means that you cannot be required to work 35 days straight.

          if in each calendar month the employee receives days of rest equivalent to one day's rest in seven. ...
          Of course, since there are 4.3 calendar weeks in a month, whether 4 days off or 5 days off would be necessary to meet that requirement depends on how you round.
          Last edited by Pattymd; 01-08-2008, 06:28 PM.
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