Is it illegal to be scheduled to work a part of every calendar date in California?
I work 11:30pm - 8:30am (Graveyard shift) and my off days are Sunday & Thursday (Split)... How my schedule is set up I work a part of every day on the calendar
[For Example] If I clock out for my off day on Sunday December 10th @ 8:30am i’ll be clocking back in on Monday December 11th @ 11:30pm, then I’ll be off again on Thursday @ 8:30am and come back on Friday @ 11:30pm. I’m also working 40 hours a week. Though I get 39 hours worth of rest in between my off days I still work a part of every day, and I’m not entirely sure whether or not that is legal in California, if anyone can help me here I very much appreciate it.
- ScottLv 62 months ago
Absent a union contract to the contrary, they can schedule you to work 7 days a week if they want to.
- 2 months ago
Not illegal in any way.
- EvaLv 72 months ago
It is legal. You have more than 24 hours off between when you clock out on Sunday and clock in on Monday.
- A HunchLv 72 months ago
California has a 7th day consecutive pay rule.
A workday(24H period) / workweek does not need to be a standard 12am to 11:59:99pm.
Your workweek can be specific to you but must be consistent. An employer can't say this week your work week is Monday 12pm-Monday 11:59:99am but next week it's Friday 1am - Friday 12:59:99am.
Based on what you have told us, I'm going to surmise that your is Monday 11pm - Monday 10:59:99pm. You will have to check your specific schedule.
- based on the information you have provided us, you are off two complete workdays = Sunday 11pm-Monday 10:59:99pm and Thursday 11pm-Friday 10:59:99pm
Thus, the 7th consecutive day rule does not apply to you
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- Pearl LLv 72 months ago
i would talk to a lawyer about it
- abdulLv 72 months ago
Illegal? No. If you don't like your schedule, you are free to quit.
- JudyLv 72 months ago
no it's not illegal. And btw there are 168 hours in a week. If you work 40 of them. and only get 39 between shifts, what happened to the other 89 hours?
- Anonymous2 months ago
Yes, working five eight hour shifts is perfectly legal.
There is no requirement that your days off be consecutive (although it would be nice).
I'd imagine that it's hard to find people to work graveyard so you may have some leverage for negotiating in terms of work schedule or pay. Tread carefully and do your research prior. If there are five other people willing to work your crappy schedule for equal or less money, it is what it is.
- PearlLv 72 months ago
i would ask the unemployment agency about it
- babyboomer1001Lv 72 months ago
The government does not govern "how" business may run their businesses. Employers handle scheduling - always.Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.