9th Circuit Asks CA Supreme Court To Explain Rest Day Requirements

The 9th Circuit Court of Appeals is asking the California State Supreme Court to interpret sections of the California Labor Code requiring at least one day of rest per week. This is reminiscent of a similar request last year by the 9th Circuit for the CA Supreme Court to explain what the heck "suitable seating" was.

Labor Code sec. 551 says that: "Every person employed in any occupation of labor is entitled to one day's rest therefrom in seven." The Ninth Circuit is asking, among other things, whether the day of rest is calculated by the workweek or on a rolling basis for any seven consecutive days. If the CA Supreme Court answers that it's a rolling seven-day period, such that employees can't work seven consecutive days over different pay periods, expect a new tidal wave of class action litigation.