On May 8, 2017, the California Supreme Court ruled in Mendoza v. Nordstrom that employees are guaranteed one day of rest for each defined workweek. The Court also found that an employee may voluntarily decide to work more than six days and not take a day off.  Periods of more than six consecutive days that stretch across more than one work week are not per se prohibited.  The Court also ruled that the elimination of the seventh-day rest protection applies only to employees who work no more than six hours each and every day of the week.  The Court found that an employer cannot encourage employees to not take the rest day.

Employers should define their workweek and should make sure that employees are informed of their entitlement to one day’s rest in each workweek.