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  • Days Off

    I need some assistance with a question that has been on my mind for a while now. I am retail manager (exempt employee), I was told by my supervisor that I would not be receiving any days off until my area was fixed (early december). I worked for 20 days straight without a day off. My first day off came last Sunday since we were closed. I asked my supervisor today, if I would receive any comp days since I missed 4 scheduled days off. He smiled and said no, since I had to fix the area I oversee.

    Can my supervisor do that? Is it legal for me to be working 7 days a week, without any form of compensation? (this is taking place in California)

  • #2
    California does have a "one day's rest in seven" law, but I don't recall whether it applies to exempt employees as well as to nonexempt. I'm sure our California guru guy will be along soon to address that particular situation.

    However, in regards to the comp time, no, the employer is never required by law to grant comp time or any other additional compensation to exempt employees over and above their regular weekly salary.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      We seem to get a lot of questions about the "day of rest" law. Unfortunately, the law is not entirely clear. Although California does have a statute that requires that 1 day in 7 be given in rest, there are other statutes that place significant restrictions on it. For instance, Labor Code 554 reads in part: "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 days rest in seven."

      The IWC Wage Orders also put the discussion of the one days rest in the portion of the Wage Order that only applies to non-exempt employees. It does not specifically say that it does not apply to exempt employees, but the discussion of it in the non-exempt sections leaves some room for doubt.

      In addition, neither the statute nor the wage order provides for any type of penalty for violating the provisions. This would mean that the only remedy would be either an enforcement action or a Private Attorney General action. In either case, the fine would be small ($100).

      Given all of the above, employees should probably not rely on the "one days rest in seven" provision to provide much relief from excessive work.
      Michael Tracy
      Attorney
      http://www.laborlawradio.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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      • #4
        Thanks, Michael. Now, I don't have to refer you for THIS question any more.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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