Employees are entitled to one day of rest in each workweek; they are not entitled to one day off on a rolling basis whenever they work seven consecutive days. Periods of more than six consecutive days that stretch across more than one workweek are not, by definition, prohibited.2

For example, an employer's workweek begins each Sunday, and the employer schedules a full-time employee to work during a two-week period as follows:

The employer has not violated the day of rest law because even though the employee worked 12 consecutive days, the employee only worked six days in each workweek.

• Make sure you designate your workweek. If you do not set a designated workweek, the law presumes a workweek of 12:01 a.m. Sunday to midnight Saturday. For more information, see Defining Workday and Workweek.

The day of rest requirement is not absolute. An employee can accumulate rest days when the nature of employment requires them to work seven or more consecutive days. However, the employee must receive rest days equivalent to one day in seven during each calendar month.3

The day of rest requirement does not apply to emergencies or to work performed in the protection of life or property from loss or destruction.4

In addition, the day of rest requirement does not apply when an employee does not work:

• More than 30 hours in the workweek; or
• More than six hours in any workday during the workweek.5 If an employee works more than six hours on any one day in a workweek, a day of rest must be provided during that workweek.6

If an employee is not provided with a day of rest and works all seven days in a workweek, overtime pay is owed. When an employee works every day in the workweek, on the seventh consecutive day worked in that workweek, you must pay overtime at:

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

For more information, see Understanding Basic Overtime Requirements.

Employers are prohibited from “causing” an employee to work more than six days in a workweek, which means you cannot conceal from employees the right to rest and cannot take any action to encourage employees to forgo a day of rest.7 However, you can allow an employee who has been fully informed of their entitlement to rest to choose not to take the day of rest. For example, if a retail employee is scheduled for six days in a workweek during the busy holiday season and wants to pick up a shift on his scheduled day off, he can do so. It's a best practice to document the employee's choice to voluntarily give up the day of rest.

1. Lab. Code secs. 551, 552