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California Overtime - re: working 7 straight days

edited August 2010 in General Payroll Topics
We have a plant in CA and had 3 individuals work 7 straight days. We paid all applicable overtime as we shoule have. Our Admin Manager in California has indicated that in CA if an employee works 7 straight days - the employer must give that employee a day off within the calendar month of that week. Our question is what to do if the employee doesn't want a day off and would rather work?

Is this in fact the law in California, and how should we handle this employee?

Many thanks

Wanda

Comments

  • Thank you David

    I am bleary eyed. I found that it is a real law, and apparently doesn't have an opt clause for the employee to not take a day of rest. And my guess since the fines are paid to the State of California is that they won't care who didn't want the rest day, the fine would still stand. Am I safe to assume that.
  • Wanda,
    Generally with labor law, the employee may not opt out of things put into the law to protect the employee - too much opportunity for abuse by employers - as in - "You want to volunteer to waive your rest days, don't you? If not, we will get someone else who will."

    This is the same thing as workers not being able to waive the right to be paid, to be paid minimum wage, or to be paid overtime compensation. Or to agree to not be paid for certain hours which are otherwise hours worked.
  • And Wanda, relative to overtime pay, we are talking about 7 consecutive days worked in the same workweek correct? Not just any old 7 days in a row, yes?
  • Is this in fact the law in California, and how should we handle this employee?

    Tell the employee that he or she will not be allowed to work 28 days during August, consecutive or not. If it is not the case that "the nature of the employment reasonably requires that the employee work seven or more consecutive days", tell the employee he or she must take a day off each week. What else you have to do depends upon the work and work environment.

    If this is any sort of a situation where embezzlement or other fraud can occur, that may be a concern.
  • wanda wrote:
    Our question is what to do if the employee doesn't want a day off and would rather work?

    Say "Too bad, you're not scheduled to work today, go home."
  • Say "Too bad, you're not scheduled to work today, go home."
    And, if necessary, have plant security escort the employee off the premises - if you are large enough to have plant security.
  • Thank you all very much. After a day of researching California law I have bleary eyes and have come to the same conclusion, - and probably should have waited on your wisdom rather than having the red eyes now, but I did learn something else - that Sheepherders are exempt from overtime in California...

    All you folks are awesome.
  • pattypa wrote:
    And Wanda, relative to overtime pay, we are talking about 7 consecutive days worked in the same workweek correct? Not just any old 7 days in a row, yes?


    Yes that we are 7 straight days
  • wanda wrote:
    pattypa wrote:
    And Wanda, relative to overtime pay, we are talking about 7 consecutive days worked in the same workweek correct? Not just any old 7 days in a row, yes?


    Yes that we are 7 straight days

    Not exactly what I asked. The key phrase is in a workweek.
    1.One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
    2.Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
  • Sheepherders are exempt from overtime in California
    Well, yes - on site, on call, 24/7 - the predators don't get overtime pay either.
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