"On The Seventh Day He (She) Rested"... Maybe -

It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s day-of-rest statutes (Labor Code Sections 551, et seq.) originally enacted in 1893. Such a seemingly simple statute: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” No one knew this could be so complicated.

The case involved retail employees, at least one of whom was asked to fill in for another employee, resulting in his working more than six consecutive days. During this period, the employee’s shifts sometimes lasted more than six hours. As one can imagine, such a situation is likely not an uncommon one. The issue is further complicated by California’s other day-of-rest statute which prohibits an employer from “caus[ing] his employees to work more than six days in seven” except “when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.” Before the California Supreme Court’s Mendoza decision, these Labor Code provisions were only sparingly cited in published California state court decisions, let alone treated in depth.