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California Supreme Court Clarifies State “Day of Rest” Law
Tuesday, May 9, 2017

On May 8, 2017, the California Supreme Court issued an important ruling interpreting California’s long-standing “day of rest” law. At issue was whether that law, which requires that employers provide employees one day of rest each week, applies on a work week basis, or if it applies on a rolling seven-day basis. In a unanimous decision, the court concluded that the statute is “most naturally read to ensure employees at least one day of rest during each week, rather than one day in every seven on a rolling basis.” This means that employees can be scheduled to work as many as twelve consecutive days in a two-week period, so long as they have one day off in each work week (for example, off on Monday of the first week and on Sunday of the following week). The court’s ruling also clarified that the day of rest requirement can be waived by employees who are assigned to work less than six hours every day in a work week, and no more than 30 hours total per week. For those employees, “employers are only obligated to inform workers of their right to rest, and that workers can waive the right to rest and work extra hours if both parties agree. An employer’s obligation is to apprise employees of their entitlement to a day of rest and thereafter to maintain absolute neutrality as to the exercise of that right. An employer may not encourage its employees to forgo rest or conceal the entitlement to rest, but is not liable simply because an employee chooses to work a seventh day.” The Court added that any waiver must be formally done to be in compliance with the law.

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