Mandating a 6 Day Work week - Legal??

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Latest post 05-04-2007 10:53 AM by RickInNoCal. 12 replies.
  • 05-03-2007 10:52 AM

    Question [=?] Mandating a 6 Day Work week - Legal??

    My employer is considering mandating a 6 day work week for a certain department. Is this legal? This department consists of both exempt and non exempt employees.
    Is there a particular law governing this?
  • 05-03-2007 1:51 PM In reply to

    re: Mandating a 6 Day Work week - Legal??

    Perfectly legal. Employer can require you to work 24-7 (unless you're in a particular industry that prohibits such hours, e.g., truckers, medical professional, etc.).
  • 05-03-2007 2:09 PM In reply to

    Disagree [)*(] re: Mandating a 6 Day Work week - Legal??

    --Employer can require you to work 24-7

    No they can't.

    CA law defines a workweek as 7 consecutive days that begins on the same day every week. A work day is 8 hours. There is nothing prohibiting an employer from stretching the workweek to 6 days for a 40 hour work week. Overtime must be paid for over 8 hours or, if agreed to by the employee, over 40 hrs in a work week. How many days it takes to get to the 40 hours isn't set by statute. An employee, unless they are in a critical need situation, cannot be fired for refusing to work overtime.
  • 05-03-2007 2:27 PM In reply to

    Ok [+0+] Uhm, incorrect.

    As for the overtime pay issue, the poster wasn't asking about that.

    The employer most certainly can demand that the employee work any hours it wishes (with safety-related regs generally mentioned above). I don't know where anyone would get the notion that it cannot.

    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
  • 05-03-2007 3:01 PM In reply to

    Feedback [*=*] There you go again

    First you say that the employer can require the employee to work 24-7, now you're back-tracking or qualifying it to say that the employer can demand the employee work any hours it wishes....I can guarantee you if an employer demanded, without notice that an employee work more than 12 hours in a given day, and fired them for refusing, the employer would find themselves in major hot water with the labor board. The law is never all or nothing.
  • 05-03-2007 3:22 PM In reply to

    re: There you go again

    "I can guarantee you if an employer demanded, without notice that an employee work more than 12 hours in a given day, and fired them for refusing, the employer would find themselves in major hot water with the labor board."

    Aside from the employee perhaps qualifying for unemployment benefits, I don't know what you mean.

    Please clarify on what basis the employer would be in "major hot water".

  • 05-03-2007 3:27 PM In reply to

    Disagree [)*(] re: Mandating a 6 Day Work week - Legal??

    Fxston:
    "Employer can require you to work 24-7"

    Sorry, not so. A CA employer cannot legally mandate work on the seventh consecutive day of the regular workweek.

    Since the posters question had to do with only a SIX day workweek, the nswer to his question was yes, it's legal - but if they made seven days mandatory, it wouldn't be legal for them to discipline an employee who refused to work the seventh consecutive day.

    Richard

  • 05-03-2007 3:36 PM In reply to

    re: Mandating a 6 Day Work week - Legal??

    Rick,

    Where's the reg on the no-7th-day issue? I don't see it on the CA DLSE site.

    Thanks much.
  • 05-03-2007 3:40 PM In reply to

    Links to Labor Code ...

    Section 510(a) refers to pay rates for non-exempt personnel and specifically addresses 7th consecutive day pay rate issue (514 has exceptions for CBAs to the contrary, and 515 referring to the overtime exempt issues).

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558
  • 05-03-2007 4:21 PM In reply to

    Here you go.....

    510(a) only addresses what you must pay an employee if he DOES work on a seventh consecutive day. The choice, however, is his... see sections 551 and 552...

    551. Every person employed in any occupation of labor is entitled to one day's rest therefrom in seven.

    552. No employer of labor shall cause his employees to work more than six days in seven.

    Richard
  • 05-03-2007 5:01 PM In reply to

    Thank you, and ...

    it's worth pointing out that the answer as to whether an employer or employee "can" is always a "yes". Question then falls to what recourse or penalties might be, if any. As to this discrete issue, (very small) monetary fines under the code *if* the employee is "underpaid", whether a prosecutor would expend public resources pursuing a misdemeanor (you judge the chances), and also exceptions listed under 554 (including whether the DLSE waives the code requirements, which he-she is empowered to do under 554).

    As to the 7-day issue in CA, I'm gratified to learn something new. Thanks again.
  • 05-04-2007 3:53 AM In reply to

    • cbg
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    re: Thank you, and ...

    I could have this wrong, but on another board a CA attorney has indicated (and this is my interpretation of what she said so I may not have it entirely correct) that an employer can legally require an employee to work 7 days in a row for up to four weeks as long as they then get four days off.

    I am entirely open to correction if I have misinterpreted; I haven't had employees in CA for 6 years or non-exempt employees in CA for 8.
  • 05-04-2007 10:53 AM In reply to

    re: Thank you, and ...

    That's an interpretation of an IWC opinion letter, which I think is slightly dodgy. The letter refers to an average of one day off a week over the course of a month.

    The "intent" - as I read it - was that giving an employee four days off in every four weeks would comply with the law even if it resulted in the employee working more than seven days straight during the month.

    As *I* read it, If I give you Monday off this week, then work you 13 days straight and give you a Sunday and Monday off and then again the Sunday after next, I've complied even though you twice worked a 13 day period without a break. Stretching that to say you can work 27 days straight then have four days off would be, well, stretching it.

    I can't find any case law though, so unless and until someone refuses to work a 26th consecutive day, gets fired for doing so, and goes to the DLSE with the complaint, it's all just opinion.

    Richard
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