Mendoza v. Nordstrom, Inc., 2015 WL 691304 (9th Cir. 2015)

The United States Court of Appeals for the Ninth Circuit has certified three questions to the California Supreme Court:

  1. Is the one day of rest in seven as required by Labor Code § 551 calculated by the workweek or on a rolling basis for any consecutive seven-day period?;
  2. Does the exemption from Section 551 found in Labor Code § 556 (applicable when the total hours of employment do not exceed 30 hours in any week or six hours in any one day) apply when an employee works less than six hours in any one day of the applicable week or does it apply only when an employee works less than six hours in each day of the week?; and
  3. What does Labor Code § 552 mean when it says that an employer may not “cause his employees to work more than six days in seven?” Does “cause” mean “force, coerce, pressure, schedule, encourage, reward, permit, or something else?”