The Labor Code requirement that an employer give an employee a day of rest after six days of work applies on a calendar week basis, not a rolling basis, and applies during any week in which the employee works more than six hours in any one day. Under Lab. Code 551 and 552, an employer must give an employee a day of rest after 6 days of work. This decision interprets the requirement to apply on a calendar week basis rather than on a rolling 6-days of work basis. Lab. Code 556 excepts from the day-of-rest requirement any week in which the employee works less than 6 hours a day/ This deciison interprets the exception to apply only when the employee does not work more than 6 hours on any day during the week. Also, under Lab. Code 552, an employer may not cause an employee to work more than 6 days in 7. This decision holds that to comply with this section, the employer must notify a worker of his right to a day of rest and maintain absolute neutrality regarding the worker’s choice to exercise that right. But the employer is not thereafter liable if the worker chooses to work the seventh day despite knowing of his right not to do so.
California Supreme Court (Werdegar, J.); May 8, 2017; 2017 WL 1833143