June 26, 2017
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The Mendoza decision provides clarification on existing California law about when employers must pay 7th day OT to employees. This case clarifies that employees are entitled to 1 day of rest in each workweek as long as the employee works over 6 hours on any day during the workweek. Before the Mendoza decision, it was largely understood that an employee was entitled to 1 day of rest for any 7th consecutive day of work, regardless of workweek.
Employees are entitled to one day of rest in each workweek, as long as the employee works over 6 hours on any day during the workweek. If the employee does not receive a day of rest, the employee is entitled to 7thday OT.**
The Mendoza decision makes it clear that the workweek controls when the 7th day overtime is due, not whether the employee worked 7 consecutive days in a row. If an employee works more than 6 consecutive days in a row that stretch across more than one workweek, the 7th day OT is not due as long as at least 1 day of rest is provided in each workweek.
Employees are not entitled to receive a day of rest or 7th day OT if they meet both of the following criteria:
The employee worked 30 or fewer hours in the workweek; and
The employee worked 6 or fewer hours every day in the workweek
When the nature of the employment reasonably requires that the employee work 7 or more consecutive days, the employer may accumulate days of rest equivalent to 1 day in 7 on a monthly basis, but the employer is still required to pay any premium pay due to the employee.
An employee may choose not to take a day of rest, as long as they are aware of their right to take a day of rest. Note that if an employee chooses to waive their day of rest in a workweek, they must still receive 7th day OT for that time worked.
An employer may not require an employee to waive a day of rest and may not conceal the employee’s right to take a day of rest from the employee.
**If the employee does not receive a rest day during the workweek, the employee is entitled to 1.5 times their regular rate of pay for the first 8 hours of work and 2.0 times their regular rate of pay for more than 8 hours on the last day in the workweek.