Hadsell Stormer Renick & Dai LLP
Free Consultations 626-381-9261

When are you allowed a day off as an employee?

2017 is likely to be known as the year the “gig economy” finally became mainstream. This moniker essentially means that many people earn a living by stringing together a number of part-time jobs, or supplementing income from a full time job with a part-time job. With as many people making ends meet by working as baristas, part-time tutors and even Uber drivers, they may not take a day off each week.

It is not uncommon for part-time employees to be scheduled for several days in a row, or even a full week. But when an employee is scheduled to work more than six days in a row, this may run afoul of California’s “day of rest” rule. 

Sections 551 and 552 of the state employment law code govern rest periods for employees. Essentially, an employee must be granted at least one day of rest each work week, which is defined as six consecutive work days.

However, there are exceptions to this rule. A recent ruling by the U.S. Court of Appeals for the Ninth Circuit clarified that the “day of rest” rule may not apply when an employee works fewer than six hours per day during the six day stretch, or fewer than 30 hours during such a period. Also, an employee has an option not to take such a rest period after being fully informed about the rest requirement.

If you have additional questions about hourly wage requirements or rest and break allowances, an experienced employment law attorney can advise you. 

No Comments

Leave a comment
Comment Information
    • The National Trial Lawyers | Top 100 Trial Lawyers
    • Top Listed In Best Lawyers | The World's Premier Guide
    • Americas Top 100 2017 | Criminal Defense Attorneys
    • AV Preeminent Martindale-Hubbell Lawyer Ratings
    • Super Lawyers | Rising Stars 2018
    • Best Lawyers US News 2016
    • The National Trial Lawyers | Top 40 Under 40
    • proud fellow of american bar foundation
    • 2018 Top 100 Lawyer ASLA
    • SuperLawyers Rising Stars 2018

Have You Been Victimized?

Speak to an attorney who will fight for you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Pasadena Office
128 N. Fair Oaks Avenue, Suite 204
Pasadena, CA 91103

Phone: 626-585-9600
Fax: 626-577-7079
Pasadena Employment Law Office

Downtown Los Angeles Office (Legal Fund)
250 1st Street, Suite 1201
Los Angeles, CA 90012

Phone: 213-785-6999
Map & Directions

Free Consultations

Tel: 626-381-9261
Toll-free: 866-457-2590