My Current State: 

California One Day Rest in Seven Law

Posted by Tamara

California is one of several states that require employees to be given one day off in every week. However, the law permits all the days off for one employee to be given at the same time, in one month.

Suppose Juan is on vacation for part of this month. His coworker Bob works 7 days per week for two weeks. When Juan returns, Bob is given 5 consecutive days off. The employer has complied with the law, because Bob was given 5 days off, which is more than equivalent to one day off per week.

The California days of rest law contains an exception for agricultural workers, and for emergency situations where the employee is protecting life or property.

California railroad workers can work only 12 consecutive hours, and then must have 10 hours of rest before returning to duty. Train dispatchers can work only 12 hours. If they work in a facility that is open around the clock, their shift is limited to 9 hours.

Employees in mines, quarries, or smelting plants cannot be required to work more than 8 hours in any consecutive period of 24 hours.

None of the above laws apply in an emergency, or to exempt employees. There is also an exception for employees who are working under certain collective bargaining agreements.

A complex law with many exceptions governs the number of hours that a trucker can be employed by a motor carrier in California.

California’s days of rest laws are more complex than similar laws in any other state. In Illinois, for example, the law simply requires that each employee be given a day off in every payroll week.

A number of other states have laws restricting the hours that employees can work, however, often they apply only to employees in certain occupations, such as miners, laundry workers, truckers or railroad employees.



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