While federal law does not limit the number of days in a row an employee might work, California Labor Code Section 551 requires all California employees, regardless of the field in which they work, are entitled to at least one day of rest out of every seven days. Section 552 of the code also states that no employer may require employees to work more than six days in a seven-day period. An employer who does so may be charged with a misdemeanor.

However, there are exceptions to these laws and requirements. In this article, we will go over how many days in a row you are legally allowed to work in California and in which situations your employer may be crossing over the line and violating your rights. Remember, if you or a loved one have not received your day of rest, it may be in your best interest to contact our Los Angeles Employment Law Firm to discuss your case. Simply fill out the contact form on this page to schedule your free consultation.

Federal vs. State Laws: What's the Difference?

There is no federal law that guarantees employees a day off each week. The Fair Labor Standards Act (FLSA) regulates minimum wage, overtime pay, and child labor, but it does not require employers to provide a rest day.

Federal Law (FLSA):

• Does not mandate a day of rest.
• Requires overtime pay (1.5x the regular rate) for non-exempt employees who work over 40 hours in a workweek.

State Laws:

• Many states have their own day of rest laws, which may offer stronger worker protections.
• California has some of the most protective day of rest laws in the country.

Because federal law sets only a minimum standard, state laws like California's can give employees additional rights.

California's "Day of Rest" Laws: A Deep Dive

Under California Labor Code Sections 551 and 552, employees are entitled to a day of rest to prevent excessive fatigue and promote health and well-being. These laws make it unlawful for employers to require constant work without rest. California labor law protects employees in two ways that could have an impact on how many days they can work.

• One Day of Rest in Seven: Employees are entitled to at least one day of rest in every seven-day work period.
• Employer's Obligation: Employers cannot require employees to work more than six days in a row.
• Overtime: It provides more overtime pay for employees. 
• Misdemeanor Charge: Employers who violate these rules may face a misdemeanor penalty. 

California's labor laws offer protections much stronger than those afforded to workers by the Fair Labor Standards Act (FLSA). If your employer violates these labor laws in California, they can face a wage and hour lawsuit that could lead to civil penalties. In some cases, your employer could even face criminal charges.

Rest Days

California labor laws require that employees receive one rest day each week. The law prohibits employers requiring hourly or non-exempt employees to work more than six out of seven days in a week. The law also requires that rest day to come every calendar month and not every seven days. However, not all employees are covered under this law.

There are two major exemptions, for workers who are part-time or those who don't work more than 30 hours in a workweek, and workers who perform emergency services. Those in the second category are entitled to a monthly equivalent of one day of rest each week. Employees who are covered under this law may still choose to work all seven days in a week. Before you do so, your employer must tell you about your rights to a day off and cannot encourage you to give up those rights. Employers who violate this law can be charged with a misdemeanor crime. They must pay affected employees lost wages. In addition, they must pay civil fines.

The "Calendar Month" Nuance

California's day of rest requirement is based on a calendar month, not necessarily a fixed seven-day week. This means employees can work more than six consecutive days in certain scheduling situations.

Example:

An employee could work 12 consecutive days if their day off falls at the beginning of one week and the end of the next. As long as the employee gets one day of rest for every seven days worked within the month, the employer is compliant with the law.

This flexibility allows employers to manage rotating schedules without automatically violating the statute.

Overtime Pay and Double Time

If you work more than six days in a row, California's overtime laws can also kick in. Under state laws, non-exempt employees are entitled to overtime pay if they work more than six consecutive days in a workweek. Your employer may even have to pay you double pay if you work too many days in a row. California's laws require employers to pay double-time (twice your normal rate of pay) when you work beyond the eighth hour of your seventh day of work in one workweek.  If a non-exempt employee works on the seventh consecutive day in a workweek, they may be entitled to the following:

• Overtime (1.5x pay) for the first 8 hours worked.
• Double time (2x pay) for hours beyond 8.

These additional pay requirements ensure employees are fairly compensated for working extended hours without rest.  If you're wondering if you have a claim for overtime pay, simply fill out the contact form on this page to schedule a free consultation with a Los Angeles Overtime Attorney.

Who Is Exempt from California's Day of Rest Requirements?

California's day of rest laws don't apply equally to all workers. Several categories of employees fall outside these protections:

• Part-time workers who work fewer than 30 hours weekly or less than 6 hours daily are generally not covered by these requirements.
• Emergency situations allow employers to temporarily suspend rest day requirements when necessary to protect life or property.
• Union members may operate under different rest day provisions that have been negotiated through their collective bargaining agreements and specified in their labor contracts.
• Certain industries follow their own specialized regulations rather than the standard day of rest rules. This includes sectors like agriculture and railroad operations.
• Voluntary work is permitted when employees choose to work more than six consecutive days, provided there is no employer pressure or coercion involved. Employers must inform workers of their right to take a day of rest, and any decision to work through it must be the employee's own choice.

What to Do If Your Rights Are Being Violated

If you believe your employer is denying you legally required rest days or retaliating against you for asserting your rights, you have several options for seeking help and holding your employer accountable. California law protects workers who stand up for their workplace rights, and multiple resources exist to support employees facing violations of rest day requirements.

• Document everything by keeping detailed records of your work schedule, including dates, hours worked, and any communications with your employer about rest days or schedule changes.
• Report the violation internally by speaking with your human resources department or supervisor to see if the issue can be resolved within your workplace before pursuing external action.
• File a complaint with the California Labor Commissioner through the Division of Labor Standards Enforcement (DLSE), which investigates wage and hour violations and can help you recover penalties.
• Consult an employment attorney who specializes in California labor law to understand your legal options, especially if you've suffered significant losses or retaliation.

Contacting an Employment Lawyer

If you believe that your employer is violating your rights by denying rest days or not paying the correct overtime wages, it is important that you seek the counsel of an experienced employment attorney in Los Angeles who can help you understand your legal rights and options. At Kingsley Szamet Employment Lawyers, we work on a contingency fee basis, which means we do not charge you any fees until we recover compensation for you. Call us at (818) 408-6708 for a no-cost initial consultation and case evaluation.

Frequently Asked Questions (FAQ)

Is it lawful to work seven days a week without a day off?

It is legal in California to work seven days a week without a day off. Section 554 of the California Labor Code gives employers the option to have an employee for seven consecutive days.

Is it illegal to work seven consecutive days in California?

This is not illegal. However, employers must make sure that employees receive overtime pay for any work performed on your seventh consecutive day. Workers must receive time-and-a-half or 1.5 times their regular rate of pay for the first eight hours of work on the seventh day and twice the pay rate for work done after than.

Can you work 14 consecutive days in California?

This is still not necessarily illegal under California law. California's rest day law allow for 13- and 14-day workweeks because your rest days can be calculated as an average over the course of the month.

What about those who work part-time in California?

With regard to rest days, they are not applicable to employees who work less than six hours in a day or 30 hours in a week. However, if the employee works more than 30 hours in a workweek, they are entitled to get a day of rest.

Is it mandatory to work on your day off?

Generally, no. Employers cannot require employees to work on their legally mandated day of rest in California unless an exception applies. If you are called in on your scheduled day off, you must be compensated for your time worked, including applicable overtime or double time.

Is it illegal to work 10 days in a row in California?

Not necessarily. California's "day of rest" rule is based on averaging rest days over a calendar month. If you receive the equivalent of one rest day for every seven days worked, a 10-day stretch can still be legal. Employers must ensure this balance is maintained over the month.