California’s Seventh Day of Rest Rule

Q: Can I allow my employees to work seven days in a row?

A: Yes, however, be aware of California’s Day of Rest Rule, which provides that every employee is entitled to at least one day off in a seven-day workweek. California also has unique overtime pay requirements when non-exempt employees work on the seventh consecutive day of a workweek. These rules are nuanced, so keep reading to ensure you are engaging in best practices and mitigating pesky wage-and-hour claims!

Day of Rest Rule

Employees are entitled to one day of rest in each workweek—not on a rolling basis of any seven days in a row. Therefore, it’s important to determine how your company defines a workweek. While the default is Sunday through Saturday, employers may choose any consistent workweek definition (e.g., Monday through Sunday, Tuesday through Monday, etc.). This should be noted in your employee handbook.

Pro Tip: Consider your operational needs and whether it makes sense to revise your workweek definition going forward, to avoid triggering the day of rest rule altogether. For example, if you need employees to occasionally work seven consecutive days, but you are able to spread the seven days across different workweeks, (ex: half of the seven days fall into one workweek and the remainder fall into the next work week) the day of rest rule won’t apply.

Moreover, the Day of Rest Rule Does not Apply if the Following is Satisfied:

• The employee does not exceed 30 hours in the workweek, OR
• The employee never exceeds six hours on any workday of the workweek, OR
• Work was performed in the protection of life or property from loss or destruction (see Labor Code section 554 for more information).

Finally, and importantly, the day of rest rule is not absolute. When the nature of employment requires employees to work seven or more consecutive days in a workweek, an employer will still be in compliance if they calculate the number of rest days an employee should have received per workweek, and provide the equivalent number of days off in each calendar month. (E.g., you may determine that an employee should have accumulated four or five days of rest—be sure to provide at least that many days off in the calendar month.)

Also note, while the employer may never require—or even encourage—an employee from giving up their day of rest, an employee fully informed of their rights may do so voluntarily. For example, the employee may opt to do this in order to receive overtime pay. If you need employees to work all seven days, inquire whether you have any volunteers first. Be sure to get these waivers in writing. For CEA members, we have a Sample Day of Rest Policy and Waiver on our HR Forms page.

Seventh-Day Overtime Requirement for Hourly Employees

If a non-exempt employee works seven consecutive days in a workweek, they must earn overtime for the entire seventh day. That is:

• Time and one-half the regular rate of pay for the first eight hours worked
• Double the regular rate of pay for all hours worked beyond eight

Again, it is important to note that this overtime rule does not apply if someone works seven consecutive days. It is only triggered if someone works seven consecutive days in one workweek. As noted above, it is critical to check your company’s definition of workweek in your employee handbook.

If an employee works seven consecutive days spread across two different workweeks, the seventh-day overtime rule will not apply.

Note: There are exceptions to the seventh-day overtime rule for Wage Order 15, Household Occupations.

Have wage and hour questions? CEA Members can call us at 800.399.5331 for more information.