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Employers: What you need to know about day of rest provisions

Managing employees is no easy task. One difficult responsibility that employers have is to coordinate employee schedules without violating state or federal wage and hours laws. This can be incredibly challenging, particularly if you are an employer who is not familiar with the various laws in place.

For instance, there are days of rest provisions in place in California. If you do not comply with these laws, you could face serious legal repercussions should an employee file a lawsuit. Below, we will explain the basic elements of day of rest provisions, as well as clarifications the California Supreme Court recently made.

In this state, the laws state that, "[e]very person employed in any occupation of labor [to be] entitled to one day's rest therefrom in seven." In other words, workers are prohibited from working seven days in a row.

However, there are numerous exceptions to this rule. As recently clarified by the state Supreme Court, a person can work seven days in a row if he or she:

  • Works fewer than 30 hours per week
  • Works six or fewer hours per day
  • Chooses to work every day in the workweek
  • Is working over the course of two workweeks

With all this in mind, employers should take care to review their current scheduling policies and remedy any potential violations of this and other provisions. By doing this sooner, rather than later, employers can avoid costly and contentious legal battles in the future.

Again, managing employees is a difficult task, but you don't have to do it alone. Employers with questions or concerns about any wage or hour laws in California can discuss them with an experienced employment law attorney. With legal guidance, you can make informed decisions about your employees and protect your business.

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