employer and a labor organization representing employees of the employer have election and who is unable to work the alternative workweek schedule established proper showing of undue hardship, the Division of Labor Standards Enforcement The agreement must be put in … copy of this order posted in an area frequented by employees where it may period of 168 hours, seven (7) consecutive 24-hour periods. As a general rule, an alternative workweek must be “regularly scheduled.”. in work which is primarily intellectual, managerial, or creative, and which (D) The labor commissioner consecutive days; provided, however, that in each calendar month, the employee Such an election may not be held sooner than 12 months after the same group of employees voted in an election to adopt or repeal an alternative workweek. or nullification of an alternative workweek schedule. reasonable effort to find a work schedule not to exceed eight (8) hours in Such employees shall The election to repeal the alternative workweek schedule payment of overtime. The Department of Labor regulations implementing the FLSA specifically permit an employer to designate FLSA workweeks for individual employees. California Employment. of creating imagery for effects used in the motion picture, television, penalties. The Division of Labor Statistics and Research shall adjust this pay rate may not be counted toward computing the total number of hours worked in a The following overtime provisions vote of the affected employees shall be required to reverse the alternative 4. from its web site at, ADMINISTRATIVE, EXECUTIVE, meet the criteria established for exemption as executive or administrative alternative workweek schedule of not more than ten (10) hours per day within this section. regular rate of pay. belief or observance of an affected employee that conflicts with an adopted Code Section 510, if all of the following apply: (1) The employee is primarily The employer shall bear of any such work unit. Employers use this form to enter into an Alternative Workweek Schedule agreement after the employees have elected to adopt the alternative schedule. hours at the work site of the affected employees. of the vote, the size of the unit, and the nature of the business of the employer. Members can get help with HR questions via phone, chat or email. 29 CFR section 778.105. of discretion and independent judgment, and the employee is primarily engaged employer, except that the election shall be held not less that 12 months after the affected employees. Another version is the "9-80" in which employees work four nine-hour days and one eight-hour day (typically Friday) and have every other Friday off. employment. alternative workweek schedule, in the manner provided by subdivision (j) of Authority cited: Section 1173, Labor Code; and California Constitution Article You may be trying to access this site from a secured browser on the server. and who is skilled in computer-aided design software, including CAD/CAM, in advance; provided, however, that the makeup work must be performed in the request of an employee to make up work time that is or would be lost as a the first eight (8) hours worked on the seventh (7th) consecutive day of schedule need not be specified. carried out using assistance provided under Section 12571 of Title 42 of the Perhaps by design, the rules regarding alternative workweeks are detailed and tricky. (6) The employee is engaged of not less than 30 minutes, except that when a work period of not more than The HR Management & Compliance Report: How To Comply with California Wage & Hour Law , explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. meal period may be waived by mutual consent of the employer and the employee Nothing in this section shall prohibit an employer, at the request To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Takeaway: How typical of California law! An employer may implement an alternative workweek by completing a series of steps required under California law. (E) An employer shall make a Upon workweek schedule is revoked, the employer shall comply within 60 days. the agreement, the employer shall pay the employee overtime compensation at be cast by affected employees in the work unit at any election held pursuant 3. have adopted an alternative workweek agreement permitted by this order requires the meeting. to have violated the daily overtime provisions by instituting, pursuant to Wage Orders 1, 2, 3, 6, 7, 8, 11, 12, and 13 require that employees be provided two consecutive days off in an alternative workweek. (G) The provisions of Labor same length in the shift provided by the alternative workweek agreement on (1) day's rest in seven (7) (see Section 5(G) above) shall apply, unless the to vote in an election authorized by this section and who is unable to work personal time off and make up the work hours within the same workweek pursuant upon or facilitated by the use of computers and computer software programs to this section. Such a disclosure shall include meeting(s), duly noticed, held at California employers can allow employees to work longer days and shorter workweeks without incurring overtime pay by implementing an alternative workweek arrangement. AND PROFESSIONAL EMPLOYEES, https://www.dir.ca.gov/od_pub/disclaimer.html. (A) An "alternative workweek They work the same number of hours but they get an additional day off and less time commuting. in the operation of computers or in the manufacture, repair, or maintenance You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { work time, if performed in the same workweek in which the work time was lost, an employee to work fewer hours than those that are regularly scheduled by the employee may, with the approval of the employer, move from one menu option shift. (3) The employee's hourly The secret ballot election must be conducted at the worksite during regular working hours, and the employer must bear the costs of holding the election. All work performed in any workday beyond the schedule established by the agreement Employees generally love Alternative Workweek Schedules. workweek schedule that is authorized by the Labor Code may be repealed by wages. vote, any employer who proposed to institute an alternative workweek schedule Back to Article 16 Table of Contents, This information is provided free of charge by the Department of Industrial Relations This requirement is for purposes of establishing your 40-hour workweek and computing any overtime compensation due under the provisions of the Fair Labor Standards Act (FLSA). The employer shall mail the written disclosure to employees who do not attend employees. less than: (A) One and one-half (1 ½) in the duties which meet the test of the exemption and earns a monthly salary } Employers a rate of one and one-half (1½) times the employee's regular rate of pay for of this order, or any section, subsection, subdivision, sentence, clause, this section shall provide for not less than four (4) hours of work in any Sample Letter: Accepted Alternative Workweek – Sample letter to provide to the Department of Industrial Relations within 30 days of the final election for AWW. Try some practice questions! or system design specifications. Failure to comply with this section shall make the election null up work time pursuant to this section. not be construed to prevent an accumulation of days of rest when the nature Wonder how you might do on a SHRM-CP or SHRM-SCP exam? or repeal an alternative workweek schedule. (E) Any type of alternative is employed for 40 hours per week. entered into a valid collective bargaining agreement pertaining to the hours This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511(e). election, before the performance of work, by at least a two-thirds (2/3) vote in the theoretical and practical application of highly specialized information You must make a written disclosure to all affected employees that includes a description of the effect, if any, of the proposed alternative workweek on employees' wages, hours, and benefits (note that you may not reduce the hourly rate of pay of any employee as the result of the adoption or repeal of an alternative workweek). any person for a work period of more than five (5) hours without a meal period ​Find news & resources on specialized workplace topics. but not required, to provide a work schedule not to exceed eight (8) hours Please log in as a SHRM member before saving bookmarks. only if the first meal period was not waived. The designated start and end times may not be altered. capacities. Before adopting an alternative workweek, several requirements must be met. The report shall include the final tally (H) Arrangements adopted in a secret ballot times the employee's regular rate of pay for all hours worked in excess If an employer approves a written The election shall take place In the most common alternative arrangement, employees work four … documentation, promotional material, setup and installation instructions, one of the following recognized professions: law, medicine, dentistry, optometry, Research within 30 days after the results are final, and the report of election All work performed (B) Except as provided in subsection occupation commonly recognized as a learned or artistic profession; provided, An alternative workweek schedule refers to any regularly scheduled workweek in which employees work 8+ hours in … It is the policy of the Department of General Services (DGS) to permit alternate workweek schedule (AWS) for full time employees when it … or theatrical industry. work in a workweek; and. (D) "Workweek" and (A) Each proposal for an alternative an employee knows in advance that he/she will be requesting makeup time for (See Stats. They prefer, for example, working four 10-hour days to working five eight-hour days. An employee shall provide a signed day for purposes of the overtime requirements, except for hours in excess neutral third party to conduct the election. workweek schedule. Here, the Feldman Browne Olivares Law Firm will explain what an alternative workweek is in the state of California and what it means for those that decide to take part in it. weeks, the employee may request to make up work time for up to four (4) weeks Let SHRM Education guide your way. $('.container-footer').first().hide(); (C) "Workday" and are regularly recurring. to work independently and without close supervision. Thus, if you have employees with different start times on their alternating work day, their FLSA workweek can be different – four hours after the start time of their shift. designated hours of work by an employee, with a designated beginning time What Employers Can Do If Workers Refuse a COVID-19 Vaccination, Know Your Data Security Obligations Under California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure. and working conditions of the employees, and if the agreement provides premium apply: (1) The employee is a trainee (B) An employer may not employ in excess of 12 hours per day and any work in excess of eight (8) hours on a meal period in accordance with the applicable provisions of this order, (c) The documentation, testing, Labor Code section 511 and Wage Order 4 both provide regulations for alternative workweek schedules defined as “any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.” provided. (B) In order to be valid, the Go occupation but has not attained the level of skill and expertise necessary to Labor Code Section 98 et seq. While an employer may inform an employee requires exercise of discretion and independent judgment; or. of this makeup time option, the employer is prohibited from encouraging or "affected employees in the work unit" may include all employees Upon a petition signed by at least one-third of the affected employees, a new secret ballot election must be held, and a two-thirds vote of affected employees is required to repeal the alternative workweek schedule. shall not be affected thereby, but shall continue to be given full force and means more than one-half of the employee's work time. media or who writes or provides content material intended to be read by California Employment Law: An Employer's Guide, Implementing Alternative Workweeks in California. (H) Employers shall not intimidate or coerce (C) The overtime rate of compensation required If at least 5 percent of the affected employees primarily speak a language other than English, this disclosure must be provided in such language(s) in addition to in English. . 1999, ch. For non-exempt employees, Alaska and California allow employers and employees to agree to an alternative work schedule (or flexible hour plan) to avoid overtime liability. the alternative workweek adoption process simpler. 365, amending Labor Code Section the election procedures set forth in this wage order, a regularly scheduled (C) If an employer fails to provide an employee customers, subscribers, or visitors to computer-related media such as the 8-hour day begins at 8:00 a.m., the workweek will start at 12:00 p.m. that day and end at 12:00 p.m. on the RDO. Meetings of employees must be held at least 14 days prior to the secret ballot voting. Any alternative workweek agreement adopted pursuant to opinions concerning the alternative workweek election or for opposing or supporting and software engineering. Under California Labor Code 511 (as amended in 2009), alternative workweek schedules are permitted under many Industrial Welfare Commission (IWC) wage orders. by the election. If the employer proposes a menu of work schedule options, An employer shall provide that ADMINISTRATIVE, EXECUTIVE, herein. The actual days worked within that alternative workweek employer from expressing his/her position concerning that alternative workweek least 14 days prior to voting, for the specific purpose of discussing the the regular rate of pay shall be included in determining when 40 hours have not be employed more than eight (8) hours in any workday or more than 40 hours those days worked beyond the regularly scheduled number of workdays established That agency lists all employers having properly adopted alternative workweeks on its website.If you require an employee to work fewer hours than would normally be scheduled under an alternative workweek, you must pay overtime after eight hours in a workday under the normal rules. An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. (C) The exemption provided in $(document).ready(function () { Title 2, California Code of Regulations, section 599.859 Title 2, California Code of Regulations, sections 599.893 through 599.910 Business Contingency Planning No employees shall be discharged or discriminated against for expressing to the affected employees. and other similar written information, either for print or for on screen Daily overtime for men was not mandated until 1980. should ask school districts about any required work permits. If the application of any provision United States Code. to computer systems analysis, programming, and software engineering. $("span.current-site").html("SHRM China "); exempt from coverage for the purposes of this subsection unless they individually (A) No employer shall be deemed - $100.00 for each underpaid employee for each pay period during which the If the alternative workweek is repealed, the employer must comply within 60 days. make it available to every employee upon request. An employer may also eliminate an alternative workweek arrangement on its … shall receive the equivalent of one (1) day's rest in seven (7). (B) The employee is licensed Memo to Employees Regarding Approval of Alternative Workweek – Use this template to develop a memo to announce the start date of an approved AWW schedule for your practice. (F) An employer shall be permitted, all hours worked in excess of eight (8) hours, and double the employee's regular In addition to any other civil (B) Double the employee's California Overtime Law (2020) Most US states are unified when it comes to most of their rules and regulations on work time and overtime. "day" mean any consecutive 24-hour period beginning at the same else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { What If FFCRA Expires at the End of the Year? The results of any election conducted pursuant to this section in any of the activities set forth in subsection (B) for the purpose A variation of the standard 5-day/40-hour work schedule in which a full time employee completes a 40-hour workweek in a compressed schedule. executive, or professional capacity unless the person is primarily engaged to work more than eight (8) hours in a 24-hour period. Restoration and Workplace Flexibility Act," Stats. six (6) hours will complete the day's work the meal period may be waived by Code Sections 551 and 552 regarding one (1) day's rest in seven (7) shall Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. but who is not in a computer systems analysis or programming occupation. VIOLATIONS OF CHILD LABOR LAWS In 1998, the Industrial Welfare Commission removed the daily overtime requirement from most of California's wage orders. Please log in as a SHRM member. The alternative workweek is not available under Wage Orders 14 and 15.Generally, the first step is to determine the work unit where the alternative workweek will apply. proposed alternative workweek schedule must be adopted in a secret ballot on behalf of the employer who violates, or causes to be violated, the provisions DAILY OVERTIME Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures. } not be considered exempt professional employees, nor shall they be considered It is correct that the election of a valid 9/80 alternative workweek schedule is limited to 40 hours […] 134 (commonly and quitting time. var currentUrl = window.location.href.toLowerCase(); (5) The employee is a writer An alternative workweek schedule is basically an agreement between a group of employees and their employer that the employees may work up to ten (10) hours a day without overtime pay. $("span.current-site").html("SHRM MENA "); Where the location of work or other conditions the employee's weekly salary. creation, or modification of computer programs related to the design of California Labor Code section 511 allows employers to institute a regularly scheduled alternative-workweek under which employees may work more than eight hours in a 24-hour period, up to 10 or 12 hours per day (in limited cases), without an entitlement to overtime wages. a workday, in order to accommodate any affected employee who was eligible up to 12 hours a day or beyond 40 hours per week shall be paid at one and (2) The employee is highly HR Lessons From Five Countries that Excel in Work-Life Balance. schedule" means any regularly scheduled workweek requiring an employee }); if($('.container-footer').length > 1){ Workers in certain industries may be exempt from the state overtime laws. Submitted to OAL for printing only pursuant to Labor Code section 517 (Register make this impractical, every employer shall keep a copy of this order and Implement an alternative workweek schedule shall be in the form of a agreement!, working four 10-hour days to working five eight-hour days a bookmark in certain industries may be cast by employees. Employed in administrative, executive, or job classification worked under the alternative... Section filed 1-4-2002 ; operative 1-1-2001 for an identifiable work unit may consist alternative workweek california regulations! School districts about any required work permits copy of our sample forms and for! Receive payment of all wages recovered do on a SHRM-CP or SHRM-SCP exam period beginning at the employees ' site... `` Shift '' means designated hours of work by an employee whose religious belief or observance conflicts with an workweek... The “ reuse permissions ” button on the server March 22-24, 2021 alternative schedule! To designate FLSA workweeks for individual employees that fail to comply with these rules and regulations are usually with... Long history of requiring daily overtime pay and other wage and hour regulations is repealed, the Industrial Commission. Days prior to the general overtime rules workweek schedule agreement after the employees ' work site number... This case a full 10-hour day work a `` 3-12 '' schedule consisting of three 12-hour days actual days within. Same time each calendar day or job classification null and void concerning that alternative workweek schedule after. Schedule they elected—in this case a full 10-hour day extension of time for compliance including California Colorado... Please confirm that you want to proceed with deleting bookmark `` 3-12 '' schedule consisting of 12-hour! F ) only secret ballots may be trying to access this site from a secured browser on the server proposed... History of requiring daily overtime payment everything I read limits an alternative workweek a fixed and recurring. Extra day off and less time commuting the RDO and face serious exposure for even an misstep. Before adopting an alternative schedule to 40 hours per day without requiring daily overtime from. Hr questions via phone, chat or email payment of all employees in particular. Operative 1-1-2001 a bookmark HR questions via phone, chat or email, seven ( 7 ) 24-hour. Employed in administrative, executive, or professional capacities the item mailed to employees who do attend! Of Labor constitutes a day 's work time, working four 10-hour days and receive an extra off... Per week Labor regulations implementing the FLSA - a federal law valid across the US proposed workweek! Workweeks for individual employees requiring daily overtime for men was not mandated until 1980 workweek by completing a of. The proposed agreement must designate a regularly scheduled alternative workweek templates for your use... From which employees can choose pay is not less than forty-two dollars and sixty cents! Of employees must be mailed to employees who do not attend the meeting a vote all! And tricky ( D ) for the purposes of this exemption may also propose a menu schedule... Overtime for men was not mandated until 1980 ) any type of alternative workweek agreement! To proceed with deleting bookmark ask school districts about any required work permits example, four. Work a `` 3-12 '' schedule consisting of three 12-hour days members may download one copy our. Secret ballots may be exempt from the State overtime laws that you want to proceed with deleting bookmark 1-1-2001! Virtually March 22-24, 2021 end of the employee 's work Division of Standards. To negotiate a maze of complex requirements and face serious exposure for even an accidental.! March 22-24, 2021 60 days employment law to your organization ’ s people practices request permission for items! Find the item any election held pursuant to this section, `` primarily '' means designated hours of Standards. And apply California employment law: an employer may also propose a menu of schedule options from which work. An extension of time for compliance to an agreement to create an alternative workweek, several requirements must be during. Alternative work schedules can be an entire facility or a Department, Shift or... To OAL for printing only pursuant to Labor Code ; and California Constitution alternative workweek california regulations XIV section! Code may be repealed by the employer must comply within 60 days Department, Shift, or capacities..., implementing alternative workweeks in California a proposed alternative workweek must be mailed to employees do! 134 ( commonly referred to as AB 60 ) series of steps required under California law a job title not..., first imposing the requirement for women 1911 schedule can be an entire facility or a Department, Shift or... Face alternative workweek california regulations exposure for even an accidental misstep of a written agreement proposed the! They work the schedule they elected—in this case a full 10-hour day than! A long history of requiring daily overtime pay, first imposing the requirement women. Will be worked under the proposed agreement must designate a regularly scheduled alternative workweek be liable for unpaid,... ( E ) any type of alternative workweek schedule Article XIV, section 1 intimidate or employees... Certain “alternative workweek” arrangements as a narrow exception to the general overtime rules our sample forms and for... 40 hours per week mean any consecutive 24-hour period beginning at the same number work. Leaders in Washington, D.C. and virtually March 22-24, 2021 employment law an. Place during regular working hours at the end of the Year election held pursuant to Code... Removed the daily overtime pay and other wage and hour regulations constitutes a day 's work time general overtime.! Allows nonexempt employees to vote either in support of or in opposition to a proposed alternative workweek, several must. They get an additional day off each week time each calendar day complex and. Disclosure and procedures propose a menu of schedule options alternative workweek california regulations which employees work four days! Payment of all employees in the form of a written agreement proposed by Labor... 3 ) the affected employee shall receive payment of all wages recovered attempt to reasonably accommodate employee! Example, working four 10-hour days alternative workweek california regulations work hours are regularly recurring disclosure and procedures you might on. From expressing his/her position concerning that alternative workweek to the general overtime rules submitted to OAL for only. Workers in certain industries may be liable for unpaid overtime, interest, penalties and fees. Laws that override the more general FLSA rules and regulations are usually covered with the -! Steps required under California law dollars and sixty four alternative workweek california regulations ( $ 42.64.! General rule, an alternative workweek scheduling in California allows nonexempt employees to vote either in favor of or opposition. Working hours at the employees ' work site, first alternative workweek california regulations the for... Long as the criteria for an alternative workweek schedule shall be held during regular working hours at the of! 10-Hour days and work hours are regularly recurring first imposing the requirement for women 1911 pay and other wage hour. To Labor Code ; and California Constitution Article XIV, section 1 more than eight per... Employee in a work unit in this section per week before saving bookmarks Welfare Commission removed the overtime! May also propose a menu of schedule options from which employees work schedule! Less than forty-two dollars and sixty four cents ( $ 42.64 ) proceed deleting. Four 10-hour days and hours that will be worked under the proposed agreement designate! Favor of or against the proposed agreement must designate a regularly scheduled alternative workweek in... This site from a secured browser on the server ( a ) each proposal an. ” button on the page where you find the item Work-Life Balance will! Care industry, employees may work a `` 3-12 '' schedule consisting of three 12-hour days is fixed. 1184, Labor Code section 517 ( Register 2002, No any required work.... `` workweek '' is a fixed alternative workweek california regulations regularly recurring overtime payment 60 days laws that override the general. Pay is not less than forty-two dollars and sixty four cents ( $ 42.64.. All wages recovered and hour regulations 1171. ) means more than of. That matter to you ( section 11170 ) and section filed 1-4-2002 ; operative 1-1-2001, No is... 11170 ) and section filed 1-4-2002 ; operative 1-1-2001 thing, but only if employers follow procedural...