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Can Employers Schedule You to Work Every Day, No Days Off

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  • 12-11-2013, 09:10 AM
    A_mcmxci
    Can Employers Schedule You to Work Every Day, No Days Off
    My question involves employment and labor law for the state of: California.

    Ok, so the company I work for voted in a new schedule as of August of 2012. Apparently the employees (# around 100) were working 7days a week non stop. Which led to a voting of a new schedule. I was hired after this vote occured. This schedule consist of a 5 week rotating schedule. So basically it's work 7 days you get Tuesday off, work 7 days you get Wednesday off, work 7 days you get Thurs/Fri off, work 7 days you get Sat/Sun/Mon off, work 7 days and back to Tuesday. This is an Aerospace company which set the schedule in motion starting January 1st of 2013 by which I've been included. Since then only a little less than half the company has been on this schedule. The rest are on 7 days a week schedule which are "mandatory" per management. Even though they go around having people sign forms pledging to work their 6 and 7th day of the work week. My question, is this fair practice? Also, how can we as employees change this schedule? Thank you for taking the time to read this thread. There are 3 shifts and non stop machining here.
  • 12-11-2013, 10:13 AM
    DAWW
    Re: Can Employers Schedule You to Work Every Day, No Days Off
    General answer first. Most employers can make most employees work pretty much any hours that the EMPLOYERS want, and the employees generally have very little (if any) recourse). What little legal protections exist tend to be for certain classes of employees such as long haul truckers or minor children employees.

    More specific to CA:
    - There is a so-called "7 day rule" which is really more like a "24 out of 28 day" rule. What you describe does not violate this rule.
    - What you describe sounds more like an Alternate Workweek Schedule, which does not prevent working overtime at all, but rather alters CA's normal daily overtime rules for specific employers. That actually requires a vote by workers and certification by CA-DLSE.
    - Some industries have industry specific regulations (called Wage Orders) which can change the normal rules. You should check that for your industry.
    http://www.dir.ca.gov/iwc/wageorderindustries.htm
  • 12-11-2013, 11:24 AM
    A_mcmxci
    Re: Can Employers Schedule You to Work Every Day, No Days Off
    Thank you for the information.
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