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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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I am a salaried employee in CA, can i be forced to work 7 days

Customer Question

I am a salaried employee in CA, can i be forced to work 7 days a week?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Cal. Labor Code Sections 551 and 552 prohibit an employer from requiring that any employee work more than six days in seven (without a special hardship exemption from the Labor Commissioner, or where the workers are engaged in agricultural occupations).

However, the employer can require seven days work, as along as the extra day is accumulated and provided as a day off within the same month in which the seventh day of work is required. :Labor Code Sec. 554(a). For example, if you are required to work seven days for four consecutive weeks, and there are 31 days in that month, then the employer would have to provide you with the remaining three days in the month off from work, which would mean that the employer is in violation of the law, because you would be entitled to four days off within that calendar month.

Note: violation of the above-described law is a misdemeanor/crime, which can subject the employer to imprisonment. Labor Code Sec. 553.

Hope this helps.
Customer: replied 3 years ago.

i have heard that employees can be exempt from these kinds of protections if they are paid a certain amount or have a managerial position, is this so? i am paid 50,000 a year and work with in a team of others (who are paid the same as me and have the same title) to take control of a facility and are responsible for the results from our facility, would this make me exempt from having any days off?

Expert:  socrateaser replied 3 years ago.
A salary-exempt employee is not entitled to overtime pay on day seven, as would apply to a nonexempt hourly employee. However, the employee remains entitled to the day off, or the accumulated day during the same month.

Hope this helps.

Customer: replied 3 years ago.

is there any limit to the number of consecutive days i work? for instance, in a month that has 4 weeks, could i be forced to work 26 days straight and then be given the remaining 4 days off at the end of the month?

Expert:  socrateaser replied 3 years ago.
There is no limit to the consecutive days that the employer may require of a salary-exempt employee -- except that Labor Code 554(a) provides such as schedule may only be imposed "when the nature of the employment reasonably requires that the employee work seven or more consecutive days."

In other words, there must be a reasonable requirement for the rigorous schedule. It cannot be imposed as a punishment, or for some ulterior motive, such as to "encourage" the employee to volutarily quit.

Hope this helps.
Expert:  socrateaser replied 3 years ago.

Hello again,

Is there anything else that I can clarify for you concerning this issue? If not, then I would appreciate it if you would provide a positive rating of my service so that I may be compensated for my efforts.

Thanks in advance for your understanding and cooperation.