Can my employer work me 10 days straight until my next day off?

My last day off was Thursday the 10th and my
next day off isnt until Tuesday the 22nd. Ive
searched online and most say Im entitled to 1
day off from every 7 but I just want to make
sure from a legal stand point

Asked on January 16, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

CA labor code Section 552 provides that "every person employed" in "any occupation" is entitled to 1 day of rest in every 7 days. A violation of these provisions is a misdemeanor. That having been said, although the law is strict on the need for 1 day of rest in 7, under Section 554 employers do have flexibility in how to administer the days of rest. Employees need not take 1 day off in a 7 day period, as long as the rest days are provided for during the same calendar month. For example, if an employer "reasonably requires" the employee to work for 21 consecutive days in a row, this is permitted so long as the employer later provides for the 3 missed days of rest at some point during the month. Further, there are some limited exemptions for occupational fields (i.e. employees who work in agriculture or with trains regarding an emergency or in cases where they are acting to protect "life or property from loss or destruction". Also, the regulations do not apply to part-time employees who work less than 30 hours a week or 6 hours a day.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

CA labor code Section 552 provides that "every person employed" in "any occupation" is entitled to 1 day of rest in every 7 days. A violation of these provisions is a misdemeanor. That having been said, although the law is strict on the need for 1 day of rest in 7, under Section 554 employers do have flexibility in how to administer the days of rest. Employees need not take 1 day off in a 7 day period, as long as the rest days are provided for during the same calendar month. For example, if an employer "reasonably requires" the employee to work for 21 consecutive days in a row, this is permitted so long as the employer later provides for the 3 missed days of rest at some point during the month. Further, there are some limited exemptions for occupational fields (i.e. employees who work in agriculture or with trains regarding an emergency or in cases where they are acting to protect "life or property from loss or destruction". Also, the regulations do not apply to part-time employees who work less than 30 hours a week or 6 hours a day.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.