Legal Question in Employment Law in California

My wife has worked as a temp for seven months at the same company and has received zero days off except weekends. She is not allowed to take days off for national holidays. Now she is being required to work on Thanksgiving and Christmas as well. Is this legal for an employer to allow no holidays or days off of any kind?


Asked on 11/12/12, 11:14 am

2 Answers from Attorneys

First off, you say she is getting weekends off, so it is not true that she is not getting days off of any kind. In fact, however, if the employer is willing to pay the overtime required, they can actually give no days off at all. They certainly are not required by law to give any holidays off - only to pay overtime on certain national holidays.

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Answered on 11/12/12, 11:19 am
Terry A. Nelson Nelson & Lawless

Legal? Yes, she can be required to work seven days per week, as long as she is properly paid all time and OT worked. She is entitled to, and required to take, breaks and lunch per the Labor Code, and to monetary penalties if they are denied.

If she needs legal help to collect unpaid compensation and OT and penalties, have her contact me.

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Answered on 11/12/12, 12:39 pm


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