Most people want to take weekends off and avoid the dreaded night shift, and with that in mind, you specifically took a job that’s from Monday to Friday, morning till evening. But what if your boss announces that your schedule has to change?
Unfortunately, your employer has the right to set or re-set your work schedule, but there are limits to how many days in a row they can force you to work. The state of California also has rules on how many days a week you can be required to work, along with overtime rates when your employment exceeds a certain number of hours per day.
So, let’s take a look at how your employer may be in violation of California’s employment laws if they are forcing you to work weekends or during the night.
Number of Days You can work in a Row in
California
The laws in California generally prohibit employers from scheduling employees for 7 consecutive days of work without at least one day of rest. The rest day must occur during the workweek, so that makes it illegal for employers to demand that employees work more than 6 days a week.
Going by these standards, your employer cannot force you to work the entire weekend if you already worked from Monday to Friday. If your boss is in violation of the California Labor Code on how many days a week you have to work, you may have grounds to file a wage and hour complaint. Depending on the circumstances, your boss may also be charged with a misdemeanor.
Please note that California also has overtime rules that may apply to your situation. If an employee works more than 12 hours in a workday, they must receive double their normal rate for all the excess hours. Additionally, employees must receive double time pay for all hours beyond 8 hours on the 7th consecutive work day.
Clarification on California’s Rest Day Rules
We mentioned that California workers cannot be required to work more than 6 days per work week. However, those days do not have to be consecutive, meaning that 1 day out of every 7 days within the month must be given as a rest day. Thus, it’s possible that the rest day will not be the same every week, and employees can end up working through the entire weekend – as long as they have a rest day within the week.
Exceptions to California’s Rest Day Rules
Some industries and positions are exempt from the rest day rule, meaning your employer has the right to make you work more than 6 days per week. So, the nature of your employment may supersede your right to demand one rest day within a 7 day period. Part-time workers are also exempt from the rest day rule if they work 30 hours or less per week, for no more than 6 hours per day.
Situations Where the Rest Day Rule Does Not Apply
As we mentioned, the right to a rest day is not absolute, and there are numerous circumstances where the rule against 1 rest day per 7 working days may not be applied. Here are some examples where working 7 days in a row in California is permissible:
- You are needed to work on a weekend or during the night for an emergency
- Your job involves protecting people’s lives or property
- You are employed by a common carrier (truck driver, taxi service, public transportation)
- The arrangement is allowed by the terms of your collective bargaining unit
- You are a railway worker
Even if you are required to work 7 consecutive days, you are still entitled to an equivalent of one in 7 days off each month. But your employer has the right to decide which days are designated as rest days.
Can I Sue my Boss if I’m Fired for Refusing to Work on the Weekends?
Talk to an employment lawyer right away if you believe that your employer is violating your right to a rest day. We can help you file a complaint with the California Department of Industrial Relations., along with other actions, like filing a lawsuit for monetary damages.
Filing a DIR Complaint
If your employer is in violation of the California Labor Code pertaining to how many days they can schedule you for work, you have the option of filing a Department of Industrial Relations Complaint.
With few exceptions, workers in California cannot be mandated to work 7 out of 7 days in a single work week. It is also a violation to pay non-exempt employees less than the overtime rate for working 7 consecutive days in one week. It’s essential to seek help from a labor law attorney, who can help you determine the right legal strategy as someone who was denied a rest day and/or overtime pay.
Contact a Los Angeles Employment Attorney
Our employment lawyers are here to fight for you and the justice you deserve as someone whose rights were violated by your employer. We have a proven track record of recovery and the resources to build a strong case on your behalf.
Our law firm takes all cases on contingency, so you are never asked to pay upfront if you choose to hire us. As long as we succeed in winning your case, a percentage of the payment will be deducted for legal fees. Otherwise, you walk away without any impact on your finances – our promise to you under the Zero Fee Guarantee.
Please get in touch and schedule a free case review to learn about your rights and legal options.
