Sacramento, Calif., (May 25, 2017) – Farm Employers Labor Service has developed a form on which an employee acknowledges the employee is choosing to work more than six days in seven in a workweek. An employee’s choice to do so means the statutory prohibition against “causing” an employee to work more than six days in seven and the provision in Labor Code Section 554 for equivalent days of rest in the same calendar month do not apply.
The California Supreme Court recently provided the 9th U.S. Circuit Court of Appeals with an advisory opinion concerning the meaning of “cause” under Labor Code Section 552, which was a consideration in a case pending before the 9th Circuit, Mendoza v. Nordstrom (see California Supreme Court Rules in Day-of-Rest Case, FELS website, May 8, 2017).
Among other important findings, the Mendoza opinion clarified that to “cause” an employee to work, requiring provision of an equivalent day of rest elsewhere in the same calendar month, an employer must either “compel” or “induce” an employee to work on more than six days of a workweek. In contrast, an employer may permit or allow an employee who is fully aware of the legal entitlement of a day of rest to choose not to take it and work on seven or more consecutive days.
To help establish that an employee is fully aware of his right to a day of rest but has instead freely chosen to forgo it, the FELS acknowledgment form provides a tool for employers and employees to clarify the compliance situation surrounding rest days. You can find that acknowledgement document, and more information on FELS website. If you have questions or comments, please call FELS at 800-753-9073 or email us at firstname.lastname@example.org.
Source: FELS, News Release, May 24, 2017