Legal Question in Employment Law in California

Days off required?

Could anyone clarify the laws regarding days off from the workweek? My mother works for a company that employs their workers seven days straight, no days off. Lately, their employer has made them work mandatory 12-hr shifts on weekends (after fulfilling their 40-hr workweek M-F). I do believe they are getting compensation for it, but surely there must exist a restriction in order for workers to get a day off in seven. On a separate note, she has worked for this company for nine years, is still considered a seasonal employee yet works year-round with no benefits in sight, and I believe the company uses her status as an excuse to work her as they please. Please advise!


Asked on 2/03/05, 6:20 am

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Days off required?

California law requires that workers be given a day off -- also, if worked that much, the employer is required to pay double time, not just time and a half. Finally, an employer is not allowed to falsely classify employees as temporary, or seasonal, in order to avoid paying benefits -- that is a violation of the ERISA -- Employee Retirement Security Act - Microsoft got into a lot of trouble for doing just that. . . feel free to contact me at the below email or 415-522-5200 if you have further questions. Good luck.

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Answered on 2/05/05, 1:32 am


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