One Day’s Rest In Seven Rule

by Victoria Dolan

Did you know that employees are entitled to one full day off each week? That means a day free from all work obligations including checking email! Section 551 of the California Labor Code sets forth the rule that that “every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” Section 552, further states that “no employer of labor shall cause his employee to work more than six days in seven.” Well that’s all fine in theory, but with the proliferation of mobile devices, remote workers, and employee demands for flexible schedules, how does an employer comply with the rule? Following are details on the rule followed by some practical tips for applying it to today’s workforce:

  • First, the rule applies to each workweek separately – it is not a rolling week. Thus, an employee could conceivably be scheduled for 12 days in a row over two consecutive workweeks without violating the rule.
  • There’s an exemption under certain circumstances for employees working less than 30 hours per week (CA Labor Code Section 556). If an employee works less than six hours on each day and less than 30 hours total for the workweek, a day of rest is not required. In other words, an employee working 4 hours every day (28 hours total) may work all seven days. However, that same employee would not be exempt from the requirement if working for 7 hours one day and 3.5 hours for the remaining six days.
  • Employers only “cause” an employee to work more than six consecutive days when they encourage or induce the employee to forgo the rest day. This means an hourly employee wanting to earn extra overtime pay can certainly volunteer to do so provided that the employer has provided notice of the right to a day of rest and remains completely neutral with respect to the employee’s decision to work the seventh day. (Remember, of course, that for a non-exempt employee time-and-a-half is due for the first 8 hours worked on the seventh consecutive day of the workweek. This is not an employer inducement, because it’s required by law. However, reminding an employee of the extra overtime pay could be construed as an inducement, so be careful!)
  • There are limited exceptions: California Labor Code Section 554 provides some relief in cases of emergency by allowing for the accumulation of the equivalent of one day’s rest in seven during a calendar month “when the nature of the employment reasonably requires that the employee work seven or more consecutive days.” Section 554 also provides exceptions for railroad operations, or when expressly addressed in a collective bargaining agreement. Additionally, the Chief of the Division of Labor Standards Enforcement may temporarily exempt an employer from the rule provisions if he or she determines that a hardship will result for the employer.
  • What about those exempt workers who are constantly monitoring their phones and communicating with one another at all hours? Yes, they are also entitled to a full day of rest free from work obligations.

So, what can employers do to comply?

  1. Train supervisors to schedule work with the day of rest rule in mind and be sure that employees are scheduled for at least one day off each workweek.
  2. If an exception applies, be sure to provide the equivalent of one day off in seven during the calendar month if an employee does work seven days in a workweek. (For example, if an employee works two weeks straight without a day off, provide at least two days off in the following two workweeks.)
  3. Employers should ask those hourly employees volunteering for a seventh day of work sign a notice that they understand their right to a day of rest and are voluntarily choosing to work the extra day because they desire more hours.
  4. Consider implementing a handbook policy stating that employees are entitled to one day of rest each workweek and that employees are specifically encouraged to ensure that they are exercising that right each workweek and refraining from monitoring or responding to emails on their day of rest – then honor your policy!