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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Re: California Labor Code Section 550-554 This sections

Resolved Question:

Re: California Labor Code Section 550-554

This sections addresses working employees 21 consecutive days in a row an employer must provide 3 days off. Do these sections apply to collective bargaining agreements and exempt employees?

Thank you,

Teresa Alarcio
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Teresa,

I'm sorry to hear about your situation and hope I can help.

These sections actually state that an employee must receive one day of rest for every six worked in a week. However, this is actually read, in the California Code of Regulations to only require hat an employer provide 4 days of rest in a 28 day period rather than 3 days rest if the type of employment requires an employee to work for more than 7 straight days.

"(G) The provisions of Labor Code Sections 551 and 552 regarding one (1) day's rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day's rest in seven (7). "

See the entire code section here:

http://www.dir.ca.gov/t8/11170.html

The section applies to employees in a collective bargaing agreement, but does not apply to exempt employees. See the section in California Code of Regulations Code Section 11170:

3. ADMINISTRATIVE, EXECUTIVE, AND PROFESSIONAL EMPLOYEES

The following provisions shall not apply to persons employed in administrative, executive, or professional capacities. No person shall be considered to be employed in an administrative, executive, or professional capacity unless the person is primarily engaged in the duties which meet the test of the exemption and earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. The duties that meet the tests of the exemption are one of the following set of conditions:

(A) The employee is engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment; or

(B) The employee is licensed or certified by the State of California and is engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting, or is engaged in an occupation commonly recognized as a learned or artistic profession; provided, however, that pharmacists employed to engage in the practice of pharmacy, and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor shall they be considered exempt from coverage for the purposes of this subsection unless they individually meet the criteria established for exemption as executive or administrative employees.

(C) For the purposes of this section, "full-time employment" means employment in which an employee is employed for 40 hours per week.

(D) For the purposes of this section, "primarily" means more than one-half of the employee's work time.

 

Nor does it apply to computer professionals if they meet the qualifications set out here:

 

 

(B) Except as provided in subsection (C), an employee in the computer software field who is paid on an hourly basis shall be exempt from the daily overtime pay provisions of California Labor Code Section 510, if all of the following apply:

(1) The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion and independent judgment, and the employee is primarily engaged in duties that consist of one or more of the following:

(a) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.

(b) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.

(c) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.

(2) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.

(3) The employee's hourly rate of pay is not less than forty-two dollars and sixty four cents ($42.64). The Division of Labor Statistics and Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.

 

I hope the above information is helpful.

Please let me know if you have any follow-up questions.

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Joseph, Lawyer
Satisfied Customers: 5047
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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