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7 Day Work Week

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zking67

Guest
My husband in working in a mfg plant in Union City, CA. When he was initially hired he was scheduled to work Sunday through Thursday with Friday and Saturday off. After 2 weeks, they told him that he has to work 7 days a week and can not take any days off or he will be fired. He is currently on his 10th day straight without a day off.

Is this legal? I thought CA law required you get 1 day off in 7? What action should he take to rectify the situation without getting fired?
 


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Attorney_Replogle

Guest
To my knowledge there is no such law. However, there are two things that do figue into this problem. The first is that if the employer had promised your husband, at or before he was hired, that the hours were to be Sunday through Thursday, with Friday and Saturday off, then that can be considered a term of employment. There is a law that prevents an employer from lying or otherwise deceiving employees or potential employees about a term or condition of their employment.

If you could show that the previously mentioned work shedule was a promise made by the employer in writing or verbally, then you might claim that the employer has broken that promise with their current work schedule. However, valid defense to such a claim of a breach of contract is that the employer had to make reasonable business changes to the work schedule in order to fulfill their business goals.

I would not advise your husband to make such a claim to the employer as he is likely to be terminated. California is an at-will employment state. That law really means that the employer can terminate an employee at any time, with or without a reason. The exceptions are for terminations on the basis of a protected category such as race, religion, age, etc.

The other issue is that the employer has to be paying overtime to your husband and the others for all of this time worked. If they are not, then that is a violation of the federal Fair Labor Standards Act. More information on that act can be found at freeadvice.com/gov_material/dol-reference-guide-to-fair-labor-standards-act.htm.

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Mark B. Replogle
 
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zking67

Guest
OK I just looked up the California Labor Code. Sections 550 - 558, cover work week and days off.

It says that no employer shall cause an employee to work more than 6 days. If business precludes giving 1 day off in 7, then the employer must give the employee 4 days off out of 30.

So that being the case, how should my husband go about exercising his rights to a day off without getting fired?
 
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Attorney_Replogle

Guest
You can have an employment law attorney write a letter to the employer on your behalf about this matter. The letter will state the problem, the law, and the proposed remedy (a day off!). Plus, it may have a friendly reminder to the employer that no retribution can be taken against the employee for writing the letter (in other words, exercising his rights under the law) or else future litigation may ensue.

You can find an attorney to help you with this, at an affordable price, by going to attorneypages.com.

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Mark B. Replogle
 

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