State “one day’s rest in seven” laws

Scope

States with “one day’s rest in seven” laws include California, Illinois, Massachusetts, New Hampshire, New York, Texas, and Wisconsin.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

Some states have more of a “Sunday” rest rather than a “one in seven” law. For example, the Texas law is limited to retail establishments, and the California law only requires that an employee’s time average out to this amount over the month. For instance, an employee might be off Sunday, then work 12 straight days, then be off again on Saturday — this would meet the state’s requirements because the employee did not work seven days in a single workweek.

For more information, visit www.dir.ca.gov/iwc/wageorderindustries.htm and choose a Wage Order.

They all have similar information, and offer the following:

“The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).”

Follow the links to each state’s law below.

• California: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=1.&part=2.&lawCode=LAB (see Sections 551 and 552)
• Illinois: http://www.illinois.gov/idol/Laws-Rules/FLS/Pages/ODRISA.aspx
• Massachusetts: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section48
• New Hampshire: https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXIII-275.htm (Sections 32 and 33 of the law)
• New York: https://roar-assets-auto.rbl.ms/documents/51873/ls611.pdf
• Texas: www.statutes.legis.state.tx.us/Docs/LA/pdf/LA.52.pdf
• Wisconsin: https://dwd.wisconsin.gov/er/laborstandards/restday.htm