Is It Legal to Work Seven Days Straight

Is It Legal to Work Seven Days Straight

This seems to mean that you always earn overtime if you work a seventh day in a row. But that`s not necessarily the case. You must work more than 6 consecutive days in a work week. Your employer decides when your work week starts. It doesn`t have to be a Sunday or a Monday. If you work 7 consecutive days, but this series includes 2 weeks of work, you are not entitled to overtime pay. According to Section 554 of the California Labor Code, the one-day holiday in a seven-day period does not necessarily occur after six consecutive days. Instead, employees can get one day off for every six consecutive days they work in the same calendar month. You can either file a wage claim with the Division of Labor Standards Enforcement (the Office of the Commissioner of Labor) or take legal action against your employer to recover lost wages.

If you no longer work for this employer, you can also claim the waiting period penalty under section 203 of the Labour Code. In this example, the employee has one day of rest per work week, but the days of rest do not have to be the same each week. If you work for two different employers, each employer has its own work week – neither has to stick to what your other employer does. For example, your days off may be Sunday and Monday with your first employer and Wednesday and Thursday with your other employer. Technically, they still work every day without a day off, but each employer has its own work week and days off. Your second employer does not have to compare vacation days with your first employer. If you believe your employer has violated your rights by requiring you to work seven days or more in a row, don`t hesitate to discuss your case with a lawyer. Your employer may violate your rights if you don`t have a day off every six working days.

Article 552 further stipulates that no employer may require its employees to work more than six days in a seven-day period, and any employer attempting to impose a seven-day week may be guilty of an offence. California law generally prohibits an employer from requiring you to work more than six days a week. At first glance, this rule may seem quite simple. A group rate for piecework workers is an acceptable method of calculating the regular rate of pay. In this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. The regular rate for each employee is determined by dividing the remuneration received by the number of hours worked. The regular rate may not be less than the minimum wage. Again, you can only earn double an hourly wage if you worked the same work week every 7 days. You can work 7 consecutive days and are not entitled to double pay if the 7 days include 2 weeks of work. If you are fired for an illegal reason, if your company fires you in violation of its own company policies, or if you are fired for a reason not included in your employment contract, you may have grounds to take legal action for wrongful dismissal. Examples of wrongful dismissal include: Under California law, an employer is any person (as defined in Section 18 of the Labor Code) who, directly or indirectly or through an officer or other person, employs or controls a person`s wages, hours, or working conditions. In Section 18 of the California Labor Code, a “person” is any person, association, organization, partnership, business trust, limited liability company, or corporation.

Payment for statutory holidays, sick leave or personal days is not covered. The FLSA does not cover double time. These are agreements between an employer and an employee. However, the government offers “interpretive advice” for such arrangements, which change depending on geography, type of work and other occupational factors. The site also includes electronic tools to help employers calculate overtime pay. Yes, California law requires employers to pay overtime, whether approved or not, at one and a half times the employee`s regular rate of pay for all hours worked more than eight to 12 hours on a business day and for the first eight hours worked on the seventh consecutive business day of a work week. and twice the employee`s regular rate of pay for more than 12 hours of a work day and for more than eight hours on the seventh consecutive working day of a work week. It would be presumptuous for employers to assume that, simply because they set aside six hours a day for an employee, they can let him or her work every day of the month. If you still have questions or think you have a case against your employer, please call us immediately at 818-230-8380. We talk about your situation and help you decide what to do next – and if there`s a legal way to solve your problems, we`ll help you solve them. In most cases, these rules do not apply to workers who work less than six hours a day or 30 hours a week. If your employer fires you for an illegal reason, such as discrimination or because you filed a complaint, you may have a claim for unlawful dismissal.

Under section 554, workers are not necessarily entitled to a day of rest in a seven-day period. Instead, they are entitled to one day off every six working days of the same calendar month. In addition to rest days, employees who work more than five hours a day are entitled to a 30-minute meal break. Workers are also entitled to a second 30-minute meal break for at least 10 hours a day. In addition to FLSA requirements, some states have passed their own hours of work and overtime laws. However, employers must first inform them of their right to take a day off and cannot encourage them to give it up.15 California also has more generous laws regarding overtime pay. While federal law only provides overtime pay for hours worked more than 40 hours per work week, California offers overtime pay when a non-exempt worker works more than: Normally, the hours to be used in calculating the regular rate of pay cannot exceed the legal maximum number of hours worked, which in most cases is 8 hours per working day. 40 hours per work week. This maximum can also be affected by the number of working days in a work week. It is important to determine what maximum is legal in each case.

The alternative method of scheduling and calculating overtime under most Social Welfare Commission wage orders, which is based on an alternative weekly work schedule of four 10-hour days or three 12-hour days, does not affect the regular rate of pay which, in this case, would also be calculated on the basis of 40 hours per working week.

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