California employees are entitled to one rest day per seven days, but that rest day can fall on any day of the workweek, the California Supreme Court clarified last week in Mendoza v. Nordstrom, Inc. That means that an employee can work up to 12 days in a row, as long as the employee receives one day off in each workweek.
In Mendoza, the plaintiff (a barista and sales representative for Nordstrom) occasionally worked more than six consecutive days, particularly when asked by a supervisor or co-worker to fill in for another employee. He filed a putative class action and representative action under the California Private Attorneys General Act (PAGA) against Nordstrom claiming that it had failed to provide him with statutorily guaranteed rest days. After a summary judgment briefing in federal District Court and an appeal to the Ninth Circuit, the issue finally reached the California Supreme Court.
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