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1 in 7 rule-California

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  • 1 in 7 rule-California

    hello, i just have a question regarding this law. I work Monday through Friday, and this month my employer required that i work the first weekend (6th and 7th). i then worked the normal work week the following week(8th through 12th). my manager took volunteers for the 13th and 14th, which i chose not to work. i then worked the 15th through the 19th, and my manager required i work the 20th and the 21st. i worked on monday the 22nd, and when i came in on tuesday the 23rd, i was suspended for not showing up to work on the 20th and 21st. my suspension is until further notice, so i assume theyre most likely preparing my final paycheck. so, on tuesday, in 23 days, i had only really gotten 2 days rest, because of the 20th and 21st being mandatory. would this be in violation of the 1 in 7 rule? thanks.

  • #2
    Probably not. The "1 in 7" rule is, in enforcement, 4 in a month. The problem you are going to have is showing that, had you not been terminated, you would NOT have received the 4 days off in the calendar month.

    Plus, your proper action would have been to work the time as required, THEN if you didn't get at least 4 days off in the 30-day period, THEN file a wage complaint. Refusing to work it could be considered insubordination and it's very possible you would have gotten the requisite time off later within the month.
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    • #3
      yea, i understand i should have gone in, but my problem with that was that 3 weeks ago they told us these last 3 weekends were mandatory cuz of a big corporate visit. first weekend went by fine, and on wednesday of the 2nd week they told us the visit wasnt happening, so he took volunteers. that following saturday, i made plans for this last weekend. on monday, we were told that the visit is coming after all, and it was required. i told them i had already made plans. basically, they told us yes, then no, then yes, and i had already committed to my plans. i dont know if that would be a factor, but thats what happened.


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