Supreme Court of California

In response to the Ninth Circuit Court of Appeals certified questions concerning the construction of the state's day of rest statutes, Labor Code sections 550-558.1, the court answers: 1) A day of rest is guaranteed for each workweek. Periods of more than six consecutive days of work that stretch across more than one workweek are not per se prohibited; 2) the exemption for employees working shifts of six hours or less applies only to those who never exceed six hours of work on any day of the workweek. If on any one day an employee works more than six hours, a day of rest must be provided during that workweek, subject to whatever other exceptions might apply; and 3) An employer causes its employee to go without a day of rest when it induces the employee to for go rest to which he or she is entitled. An employer is not, however, forbidden from permitting or allowing an employee, fully apprised of the entitlement to rest, independently to choose not to take a day of rest.

Appellate Information

• Published 2017/05/08

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel