California Work Schedule Laws - Bibiyan Law Group, P.C. (2024)

Nov 10, 2023

California Work Schedule Laws - Bibiyan Law Group, P.C. (1)

The Golden State is known for having progressive labor regulations designed to protect employees’ rights and welfare. Among these are California work schedule laws, which regulate working hours, job schedules, and how employers create them. These laws offer essential employee protections, as they help guarantee predictable schedules and safeguard employee pay when unexpected changes happen. This article will look at key aspects of California work schedule laws, including how many days an employee can work in a row, overtime regulations, and whether employers can change work schedules on short notice. Contact us today to speak with a Los Angeles employment lawyer.

How Many Days Do Employee Work Schedule Laws Allow Employees to Work in a Row?

An important employee concern is how many days an employer can schedule an employee to work in a row. According to California Law, employees generally get one day of rest for every seven that they work. This means that, in most cases, an employer cannot schedule an employee to work more than six days without a day off. However, this rule doesn’t apply if an employee works less than 30 hours a week or doesn’t work more than six hours on any day of the week. There are also exceptions to this rule. For example, California allows employees in specific industries, such as agriculture and healthcare, to work more than six consecutive days under certain circ*mstances.

What Are Overtime Job Schedule Laws in California?

Overtime is another crucial part of job schedule laws in California. Overtime regulations ensure employers compensate employees fairly for extra work hours above a certain number of hours. California directs employers to pay employees overtime for the following:

  • Non-exempt employees receive overtime pay at 1.5 times their regular rate if they work more than 8 hours in a day or more than 40 hours in a week;
  • Non-exempt employees who work more than 12 hours in a single day get double their regular rate for hours worked beyond the 12-hour mark;
  • For non-exempt employees who work 7 days in a row, employers pay the first 8 hours at 1.5 times the regular rate, and any hours worked beyond that double the rate.

Failure to comply with these overtime laws can result in serious financial penalties for employers. If you believe your employer is violating work schedule laws, a skilled advocate at Bibiyan Law Group can assist you. We can review your case, offer professional, top-notch guidance, and help protect your rights.

What Are the Laws About Short Notice Work Schedule Changes?

Many California cities have individual rules and regulations about how and when to schedule employees, including provisions for accommodating an employee’s preferred hours and days, among other considerations. Since life is unpredictable and employers sometimes need to make last-minute scheduling alterations, these rules also cover the “hows” of rescheduling when making these changes.

Under California law, employers in specific industries, such as retail and food service, must provide employees with a schedule at least seven days in advance. And they must give employees 72-hour notice before changing an employee’s schedule. If the employer fails to do this and calls in an employee for a previously unscheduled shift, the employee may be entitled to additional compensation. Other cities, such as San Francisco, have enacted “predictive scheduling” laws requiring certain employers to provide two weeks’ notice of work schedules and to pay for shift changes.

Depending on where in California you live, scheduling laws vary, so it’s always a good idea to speak with an employment lawyer if you have concerns. At Bibiyan Law Group, we can help you understand your city’s local scheduling laws and ensure your employer treats you fairly.

What Are the Consequences for Violating Work Schedule Laws?

Employers who fail to follow California’s work schedule laws face stiff penalties. These penalties can include paying back wages, overtime, and additional penalties for each violation. If you believe your employer violated work schedule laws, one option is to file a claim with the Division of Labor Standards Enforcement (DLSE) of the California Department of Industrial Relations. The DLSE will investigate your claim and determine whether to impose penalties. It is also a good idea to consult with a skilled employment lawyer. At Bibiyan Law Group, our compassionate attorneys can review your case, help you file a claim, and hold your employer accountable.

Call Bibiyan Law Group, PC Today

If you have work schedule questions, Bibiyan Law Group can help. We only practice employment law and have honed our knowledge to offer candid, compassionate, and hard-hitting representation. We back our words with actions and have secured tens of millions of dollars in client settlements for employees like you. You are not alone in this fight. Together with our team of nearly 20 skilled attorneys, we can evaluate the problem and help you seek justice. Schedule a complimentary consultation now and let Bibiyan Law Group give your case the personalized attention it deserves.

California Work Schedule Laws - Bibiyan Law Group, P.C. (2)

David Bibiyan

David Bibiyan is a distinguished attorney at Tomorrow Law, renowned for his expertise in employment law. With a strong focus on representing employees in various workplace disputes, he has become a trusted advocate for those facing discrimination, harassment, wrongful termination, and wage and hour issues. Bibiyan’s approach is characterized by a deep understanding of both state and federal employment laws, ensuring that his clients receive knowledgeable and effective representation. His commitment to justice is evident in his dedication to each case, where he meticulously works to secure the best possible outcomes for his clients. Bibiyan’s reputation is built on a foundation of successful case resolutions, marked by his skillful negotiation and, when necessary, aggressive litigation strategies. His work at Tomorrow Law reflects a genuine passion for defending workers’ rights and promoting fair employment practices.

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California Work Schedule Laws - Bibiyan Law Group, P.C. (2024)

FAQs

What is the law for employee scheduling in California? ›

Under California law, employers in specific industries, such as retail and food service, must provide employees with a schedule at least seven days in advance. And they must give employees 72-hour notice before changing an employee's schedule.

What is the law for working hours in California? ›

Overtime pay is when you pay eligible employees extra compensation for working additional hours. The California overtime law states that a nonexempt employee is entitled to overtime if: They work beyond 8 hours in a workday (up to 12 hours) They work more than 40 hours in a week.

What are the alternative work schedule rules in California? ›

An alternative workweek schedule should never be used as a means of avoiding paying employees overtime. Under existing California labor law, an alternative workweek is a week consisting of shifts of no longer than 10 hours per day within a 40-hour workweek, without payment of an overtime premium.

Are you required to have 8 hours off between shifts in California? ›

In California, there is no mandated minimum time between shifts according to labor laws. This means that employers are not legally required to provide a specific amount of time between shifts. The absence of a minimum time between shifts is applicable throughout most cities and regions within the state of California.

Can my employer change my schedule last minute in California? ›

Can My Employer Change My Schedule Last-Minute in California? Under the Fair Labor Standards Act, most employers are allowed to change an employee's schedule without prior notice – but some cities have adopted stricter regulations that require employers to make scheduling changes far in advance of workdays.

Can I be scheduled for a 1 hour shift in California? ›

California's 4-Hour Minimum Pay Rule

Employers cannot pay employees for less than two hours or more than four hours at the employee's regular pay rate under this law. Reporting to work constitutes: Being present at your workplace at the start of your scheduled shift.

What is the 4-hour rule in California? ›

The 4-hour rule refers to the compensation that must be given to employees who are on-call or scheduled-to-work. Employees are entitled to a minimum of half their regular hours at their normal pay rate if they report to work and find there is none available. It also applies to employees who are sent home early.

Is the 7 minute rule legal in California? ›

Some California wage laws also closely follow federal law. Under federal law, an employer can round down working time lasting seven minutes or less. This can be disappointing, but the California Court of Appeals indicates that employees should at least break even in a rounding system if they work long enough.

What is the longest shift you can legally work in California? ›

What Is the Longest Shift Employees Can Legally Work in California? There isn't a legal limit on the number of hours a California employee can work in a day. The California overtime law only caps regular work and overtime hours. There's no limit regarding the number of double-time hours an employee may work in a day.

What is the 4/10 rule in California? ›

Under the 4/10 schedule, employees work for four days at 10 hours per day with no overtime pay, however, they will receive an additional day off from work.

What is the work schedule rule? ›

Work Schedule rules are used to define the period when work schedule is to be used and the day of the period when work schedule is to be generated. Common work schedule rules are early or late shift timing, flexible working time and flextime.

What is section 513 of the California Labor Code? ›

An employer is prohibited from encouraging or otherwise soliciting an employee to request the employer's approval to take personal time off and make up the work hours within the same week pursuant to this section.

Are 12 hour shifts legal in California? ›

So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half.

Does California allow 10 hour shifts? ›

Yes — California's overtime law has a special rule that allows for a 10-hour workday within a 40-hour workweek. However, the schedule must be validly adopted through a clearly defined legal process.

How many hours can you work in a day legally in California? ›

There is generally no cap on the number of hours you can legally work in a day. But under California labor laws, you as a non-exempt employee are entitled to overtime pay if you work: More than eight (8) hours in a single workday; More than forty (40) hours in a single workweek; or.

What are scheduling restrictions? ›

Scheduling restrictions are a set of rules that control when, or how often, clients can visit your business. These restrictions are attached to individual pricing options, but their effects are applied at the service category level.

What is the minimum hours scheduled to work in California? ›

There is no minimum shift requirement or minimum hour requirement for part-time or full-time employees. The 4-hour rule refers to minimum compensation in certain circ*mstances. These include on-call or scheduled-to-work employees who receive inadequate notice that they do not have any work for their shift.

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