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.
While we rarely turn to the Bible in this blog, I feel compelled to note that according to Exodus 31:12-14, God told Moses that anyone who works on the day of rest is to be put to death. While that seems harsh even to some of us who represent employers, it makes about as much sense as punishing employers for violating laws that no one understands.
Continuing with the biblical theme, enjoy this lovely image depicting Moses holding back the flood of litigation.