Is there a 7 day work week rule?

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Is there a 7 day work week rule?

My job recently had my co-workers and I work the past week and this week, with no days of rest and 10 hours a day. We did have 1 day where we worked 5 hours. Is this legal? They have also stated we can not use our PTO and there is no end in sight.

Asked on June 10, 2019 under Employment Labor Law, California

Answers:

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

Answered 1 year ago | Contributor

Employees in CA are entitled to a least 1 rest day out of every 7 days. No employer may require employees to work more than 6 days out of a 7 day period. However, the labor code does not stipulate when that 1 day of rest must occur. It provides employers with discretion in how to offer those days of rest. Employees are not necessarily entitled to 1 day of rest in a period of 7 days. Rather, they are entitled to 1 day off for every 6 days they work in the same calendar month. Therefore, if an employer requires someone to work for 21 days in a row, they are allowed to do so as long as the employee is given 3 days off at some time throughout the month. Additionally, there are exceptions for part-time and railroad/agricultural workers.

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

Answered 1 year ago | Contributor


Employees in CA are entitled to a least 1 rest day out of every 7 days. No employer may require employees to work more than 6 days out of a 7 day period. However, the labor code does not stipulate when that 1 day of rest must occur. It provides employers with discretion in how to offer those days of rest. Employees are not necessarily entitled to 1 day of rest in a period of 7 days. Rather, they are entitled to 1 day off for every 6 days they work in the same calendar month. Therefore, if an employer requires someone to work for 21 days in a row, they are allowed to do so as long as the employee is given 3 days off at some time throughout the month. Additionally, there are exceptions for part-time and railroad/agricultural workers.


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