A recent decision by the California Supreme Court settled a question of state labor law that the Ninth Circuit Court of Appeals needed resolved in order to rule on a pending federal appeal that turns on the application of state law.
The case stems from the labor disputes of two Nordstrom employees that allege the company violated California’s Labor Code sections 551, 552, and 556 which govern the guaranteed “day of rest” each week to full time employees. The employees asserted that they had been forced to work more than 7 consecutive days without being provided the “rest day.”
The California Supreme Court explained that, in California, workers are guaranteed a day of rest by law, however, the guarantee only applies if a worker puts in more than 30 hours per week.
However, the California Supreme Court also ruled that the “day of rest” only needs to fall within a work week, which means that there is no prohibition against scheduling seven consecutive days, so long as an employee has one day off per work week. This means an employee can work 12 days in a row.
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