Are you wondering, how many days in a row can you legally work in California?
According to California Labor Code, Section 551, all California employees, regardless of occupation, are entitled to at least one rest day out of every seven days.
Section 552 goes on to state that no employer may require employees to work more than six days out of a seven-day period and any employer that tries to enforce a seven-day workweek may be guilty of a misdemeanor.
Of course, this brief paragraph does not sum up the whole of this issue. Like with all of California’s labor laws, there are exceptions.
So, what is the maximum number of days you’re allowed to work in a row? In this article, the California employment lawyers at Workplace Rights Law Group go over exactly how many days you are allowed to work in California.
If you have any additional questions, please contact us online or call 818-334-6881 today.
Accumulated Days
If you are reading this and thinking to yourself, “My employer has me scheduled for the next nine consecutive days, one day off, and then 10 days back on…I have an employee rights dispute!” think again. The Labor Code does require one day of rest out of seven.
However, it does not stipulate when that one day of rest must occur. Section 554 provides employers with leeway in how to offer those days of rest, which could account for your crazy 10 days on, one day off schedule.
According to Section 554, employees are not necessarily entitled to one day of rest in a period of seven days. Rather, they are entitled to one day off for every six days they work in the same calendar month.
To be sure, if an employer “reasonably requires” someone to work for 21 days in a row without a day off, the employer is allowed to do so as long as they give the employee three days off at some time throughout the month.
Workplace Rights Law Group has extensive experience in helping clients with employment cases. We specialize in employment law and know how the court systems in California work. Contact us for a free consultation.
What Are the Exceptions to the Rule?
While Section 554 does provide for some exemptions, these exemptions apply to only a handful of occupational fields.
These include agriculture and the railroad, and only in instances in which it is necessary for the employee to be present to protect life or property.
Employers are required to inform employees that such instances might occur and that, in accepting employment, the employee also agrees to forgo their seventh day of rest.
Employees Who Work Only Part-Time
These regulations are not applicable to workers who work less than six hours a day or 30 hours a week in most cases.
But it would be presumptuous for employers to assume that just because they schedule an employee for six hours a day that they can make that employee work every day of the month.
The code makes stipulations for part-time workers, stating that part-time workers are only exempt if their employment hours amount to less than 30 hours a week.
If a worker works more than 30 hours in a given workweek, they are entitled to a day of rest.
Consult With a Workplace Rights Attorney
All employees deserve a day off, even if they only work a few hours each day. However, if you work six to eight hours every day and do not receive a rest day for every seven days worked, you may have an employee rights violation case on your hands.
Discuss your case with a knowledgeable workplace rights attorney—call the Workplace Rights Law Group at 818-334-6881 to schedule a free case evaluation today.
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FAQ About Wage and Hour in California
Yes, it is legal to work seven days a week without a day off (within reason). Section 554 of California’s Labor Code gives employers the option to schedule an employee for seven consecutive days.
No, it is not illegal to work seven consecutive days in California. However, employers generally must ensure that you receive overtime pay for any work performed on your seventh consecutive day.
Typically, you must receive 1.5 times your regular rate of pay for your first eight hours of work on the seventh day, and you must receive twice your pay rate for work in excess of eight hours on your seventh day.
Section 554 provides employers with leeway in how to offer those days of rest, which could account for your crazy 10 days on, one day off schedule.
Are you working 13 days in a row in California? Are you working 14 days in a row? If so, it is not necessarily illegal for your employer to require you to work those schedules.
The California day of rest law in 2022, California Wage Orders, and California case law allow for 13 and 14-day workweeks because your days of rest can be calculated as an average over the course of a month.
When responding to concern about workers receiving only one day of rest in a 12-day workweek, the Supreme Court of California stated that it was “unpersuaded by the concern…[and] [s]ection 554 provides employers and employees some latitude, but ensures that over the course of every calendar month an employee must receive ‘days of rest equivalent to one day’s rest in seven.’”
Under California Law, the day of rest rules are usually not applicable to workers who work less than six hours a day or 30 hours a week. But if a worker works more than 30 hours in a given workweek, they are entitled to a day of rest.
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Theo Khachaturian
Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.