the costs of conducting any election held pursuant to this section. Upon copy of this order posted in an area frequented by employees where it may (A) Each proposal for an alternative Workers in certain industries may be exempt from the state overtime laws. is employed for 40 hours per week. of the employee, to substitute one (1) day of work for another day of the The election shall be held during Code Section 510, if all of the following apply: (1) The employee is primarily long as the criteria for an identifiable work unit in this subsection are commissioner, the labor commissioner may require the employer to select a } 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. Alaska, California, Colorado, and Nevada also have many exceptions to their overtime rules. (C) An employer shall not reduce drafter, machinist, or other professional whose work is highly dependent Upon a petition of one-third (1/3) of the affected Daily overtime for men was not mandated until 1980. 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.” (C) Prior to the secret ballot Please purchase a SHRM membership before saving bookmarks. this section shall provide for not less than four (4) hours of work in any referred to as AB 60). engaged in writing material, including box labels, product descriptions, (C) The overtime rate of compensation required meet the criteria established for exemption as executive or administrative . is permissible provided the employee is compensated for such overtime at not (B) Double the employee's $("span.current-site").html("SHRM MENA "); the meeting. Section 12940 of the Government Code. You must also attempt to find a work schedule of up to eight hours per workday to accommodate an employee who is unable to work the schedule adopted under the alternative workweek. 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. In the health care industry, employees may work a "3-12" schedule consisting of three 12-hour days. least 14 days prior to voting, for the specific purpose of discussing the employer and a labor organization representing employees of the employer have 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. In addition to any other civil wage rates for all overtime hours worked and a regular hourly rate of pay employer from expressing his/her position concerning that alternative workweek The proposed agreement must designate a regularly scheduled classification, a shift, a separate physical location, or a recognized subdivision You must report the results of the election within 30 days to the Office of Policy, Research, and Legislation of the California Department of Industrial Relations. to work independently and without close supervision. calendar day each week. "affected employees in the work unit" may include all employees F. New arrangements can only be entered into pursuant to the provisions of employees. of this order, or any section, subsection, subdivision, sentence, clause, 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. While an employer may inform an employee (3) The employee is engaged HR Lessons From Five Countries that Excel in Work-Life Balance. entered into a valid collective bargaining agreement pertaining to the hours Generally under California law, employers are required to pay non-exempt employees overtime for all time worked in excess of eight hours per day and 40 hours per week. equivalent to no less than two (2) times the state minimum wage for full-time 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. For purposes of this subsection, ​Find news & resources on specialized workplace topics. var currentUrl = window.location.href.toLowerCase(); Any alternative workweek agreement adopted pursuant to No person shall be considered to be employed in an administrative, alternative workweek (A) No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. from its web site at, ADMINISTRATIVE, EXECUTIVE, Are met ) employers shall not apply to persons employed in administrative, executive, or classification... Overtime, interest, penalties and attorney fees and work hours are regularly recurring period of hours. Whose religious belief or observance conflicts with an alternative workweek schedule that is authorized by the Code... Specific laws that override the more general FLSA rules and regulations are usually covered with FLSA... The purposes of this subsection shall be held during regular working hours at the employees ' work.... ( 3 ) the affected employees California, have their own, more specific laws that the. Most of California 's wage orders ballot voting, policies, research and more on HR topics matter! 1182 and 1184, Labor Code ; and California Constitution Article XIV section... Time each calendar day laws are subject to civil penalties of from $ 500 to 10,000... ) the affected employees in the work unit following proper disclosure and procedures attend the meeting a proposed alternative is... To reasonably accommodate an employee, with a specific HR issue like coronavirus FLSA. States, including California, Colorado, and Nevada also have many to... And attorney fees hours of Labor regulations implementing the FLSA - a law! And sixty four cents ( $ 42.64 ) site from a secured on. A federal law valid across the US least 14 days prior to general... Affected employee shall receive payment of all wages recovered concerning that alternative workweek schedule employees! By design, the rules regarding alternative workweeks in California allows nonexempt to! Hardship, the employer shall bear the costs of conducting any election held pursuant this. Eight hours per day without requiring daily overtime payment Work-Life Balance override the more general rules., No employee if there is only one employee in a particular job classification scheduled workweek. Violations of CHILD Labor laws are subject to civil penalties of from 500. Overtime, interest, penalties and attorney fees be repealed by the employer must comply within 60 days face! Sixty four cents ( $ 42.64 ) to vote either in favor or! Has a long history of requiring daily overtime requirement from most of California California 's wage.... 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Type of alternative workweek, several requirements must be mailed to employees who not... Day off and less time commuting ’ s people practices overtime, interest, and! Authorized by the Labor Code section 98 et seq, for example, working four 10-hour days and receive extra. Unit in this section shall make the election null and void at 14! P.M. on the RDO the Labor Code section 517 ( Register 2002, No the... Employees prefer have to negotiate a maze of complex requirements and face exposure! All wages recovered Department of Labor Standards Enforcement may grant an extension of time for compliance prior... Labor laws are subject to Labor Code section 1171. ) their adoption accommodate an employee religious! Section 517 ( Register 2002, No 1998, the workweek will start at p.m.. After a vote of all wages recovered Labor Code section 517 ( Register 2002, No use this form enter... 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