Q: I am a salaried employee in California. Can I be forced to work 5 days a week plus weekends remotely from home?
We used to get a day off prior and a day off after our weekend to make sure we got 5 working days and 2 days off.Well recently it changed and our new boss wants us to work 5 days in person and 2 from home. Is this legal just because We are salaried?
A: NO, you cannot be "forced" to work seven days. Labor Code § 551 states: Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven. Your employer cannot compel you to work all seven days. The employer cannot even compel you to work Overtime!
The problem is what happens when you tell him this and show him the law. You and I know what this boss is going to do, he thinks you are a can opener and available for him 24/7 already, do you think he is going to say "Oh, I did not know that, ok, you just work 5 days a week then." ? What kind of mushroom are you eating Alice? This boss' head is going to explode and he is going to scream "You're fired." Then what do you do?
What you need to do right now is to do as little on your day's off as you can to satisfy this boss while you look for another job. When you have secured one, preferably with a competitor, then you can show the boss the law and say that you don't want to give up your right to a day off. If he fires you then, you may still have a valid Wrongful Termination suit for violation of public policy. Be sure you create a paper trail.
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.
A: I apologize for returning to submit this additional information, but there seems to be some concern and disagreement whether your boss can force you to work seven days a week. The answer is clearly NO.
Cal Labor Code:
551. Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.
(Enacted by Stats. 1937, Ch. 90.)
552. No employer of labor shall cause his employees to work more than six days in seven.
(Enacted by Stats. 1937, Ch. 90.)
553. Any person who violates this chapter is guilty of a MISDEMEANOR. THIS MEANS THAT IT IS A CRIME TO FORCE
EMPLOYEES TO WORK 7 DAYS A WEEK. I just don't know how to make it any clearer.
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS. THIS DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP BETWEEN US.
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