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. 

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