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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118673
Experience:  20+ Years of Employment Law Experience
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can an employer work someone over 7 days on a row in the same

Customer Question

can an employer work someone over 7 days on a row in the same wwk without overtime claiming it has to be FULL work days?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Infolawyer replied 8 years ago.
In what state?
Is the employee a non exempt employee?
Customer: replied 8 years ago.


Non-exempt, 8-hour employee.


For example: workweek runs M-Sunday. Employee worked as follows;


M- F , 8.0 hours

Sat , 4.0 hours

Sun, 2.0 hours


Expert:  Infolawyer replied 8 years ago.
The employer can increase the hours as you mentioned in your original question as long as you are paid for such time, overtime for overtime hours, and not singled out to work those hours because of your race, gender or age.
Customer: replied 8 years ago.
what about the 7-day in a row rule?
Expert:  Infolawyer replied 8 years ago.
An employer can require it but needs to compensate for the time. You should negotiate if possible if that schedule is not good for you.
Customer: replied 8 years ago.
i was asking as a payroll professional. Your answer does not help me to argue payment of the 7-day rule for the employee.
Expert:  Infolawyer replied 8 years ago.
I will see if another expert has further comment for you.
Expert:  Law Educator, Esq. replied 8 years ago.
Your previous expert has asked me to assist you. Under the CA labor code, no employer may require employees to work more than six days in seven. §552. Every employee entitled to one day’s rest in seven. §551 Days of rest may be accumulated through the month provided all rest days are given in the month. This law is applicable where collective bargaining agreement does not provide otherwise. §554

Also, the employer must pay overtime for all hours worked over 8 in a day and double time for hours worked over 12. Additionally, if the employer does not give you at least a 30 minute meal break in an 8 hour shift, they must pay your 1 hour extra pay.

which has all of the laws you can use against your employer.

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Customer: replied 8 years ago.

that was very helpful but i am wondering if you can answer this question with a "Yes" or "No" answer...


(employee is non-exempt, regular full time employee under no labor contract)


If an employee works 7 days in a row without a day off, does the employee have to pay that employee overtime REGARDLESS of how many hours were actually worked during said workweek.

Expert:  Law Educator, Esq. replied 8 years ago.
YES, the employer has to pay an employee in CA overtime at time and 1/2 for all hours worked over 8 in a day or over 40 in a week and must pay 2 times for all hours over 12 in a day.

Customer: replied 8 years ago.

Im confused. I know the HOURLY overtime rules.


I need to know the 7th DAY rule and when an employer doesnt have to pay overtime for the 7TH DAY.


Expert:  Law Educator, Esq. replied 8 years ago.
It is not confusing, if you work over 40 hours in a workweek, 7 days, then you get overtime for all hours over 40, this is in addition to the hourly rules, and it is under the Fair Labor Standards Act, which also applies in conjunction with the CA labor laws.
Customer: replied 8 years ago.

if thats the case and all overtime is calculated on hours then why the 7th day rule? It was my understanding that the 7th day in a row rule had nothign to do with hours worked, it was a rest period based on DAYS worked. (prob stirred from the bibiograpy of 7th day being a day of rest.).


Forget the hour rules, Im asking about the 7th DAY-in -a-row rule.




Expert:  Law Educator, Esq. replied 8 years ago.
The law I gave you says they are not supposed to work you without the 1 day off. HOWEVER, under the FLSA, if you do work the seventh day, even in violation of the CA law, then you must be paid overtime for all hours worked over 40 in that work week. These laws operate together.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118673
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 4 other Employment Law Specialists are ready to help you