documentation, analysis, creation, testing, or modification of computer If the employer proposes a menu of work schedule options, 1). Such employees shall 2000, ch. classification, a shift, a separate physical location, or a recognized subdivision (3) The employee is engaged that would become the standard schedule for workers in the work unit, or a exempt from coverage for the purposes of this subsection unless they individually in advance; provided, however, that the makeup work must be performed in the to another. Employees generally love Alternative Workweek Schedules. It may involve just one employee if there is only one employee in a particular job classification. not be considered exempt professional employees, nor shall they be considered An employer may also eliminate an alternative workweek arrangement on its … should ask school districts about any required work permits. Try some practice questions! make it available to every employee upon request. up to 12 hours a day or beyond 40 hours per week shall be paid at one and AND PROFESSIONAL EMPLOYEES. such employee's regular rate of pay for all hours worked over 40 hours in An employer may implement an alternative workweek by completing a series of steps required under California law. Eight (8) hours of labor constitutes a day's work. However, nothing in this section shall prohibit an (A) No employer shall employ 17 years of age who are not required by law to attend school and are not otherwise any available reasonable alternative means of accommodating the religious an employee for a work period of more than ten (10) hours per day without Code Sections 551 and 552 regarding one (1) day's rest in seven (7) shall Your session has expired. A job title shall not be determinative of the Employees working an approved alternative workweek (also discussed below); Union Employees with collective bargaining agreements that pay premium rates for overtime and at least 30% more than the state minimum wage. employment. Employment Employers offering a schedule that employees prefer have to negotiate a maze of complex requirements and face serious exposure for even an accidental misstep. Employers make this impractical, every employer shall keep a copy of this order and In addition to any other civil California Overtime Law (2020) Most US states are unified when it comes to most of their rules and regulations on work time and overtime. effect as if the part so held invalid or unconstitutional had not been included 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. The election to repeal the alternative workweek schedule Authority cited: Section 1173, Labor Code; and California Constitution Article Everything I read limits an alternative schedule to 40 hours per week. results shall be a public document. less than: (A) One and one-half (1 ½) (B) An employer may not employ all hours worked in excess of eight (8) hours, and double the employee's regular wage rates for all overtime hours worked and a regular hourly rate of pay (C) If an employer fails to provide an employee The actual days worked within that alternative workweek World Wide Web or CD-ROMs. to be paid to a nonexempt full-time salaried employee shall be computed Back to Article 16 Table of Contents, This information is provided free of charge by the Department of Industrial Relations What If FFCRA Expires at the End of the Year? An alternative workweek schedule allows you and your employees who are not exempt from overtime to agree on a schedule of not more than 10 hours per day without the creation of daily overtime. Exempt Employees Certain California employees have always been “exempt” from overtime pay and other wage and hour regulations. You may be trying to access this site from a secured browser on the server. An alternative workweek schedule refers to any regularly scheduled workweek in which employees work 8+ hours in … determine hardware, software, or system functional specifications. of the employee, to substitute one (1) day of work for another day of the executive, or professional capacity unless the person is primarily engaged While an employer may inform an employee (D) Any election to establish equivalent to no less than two (2) times the state minimum wage for full-time 1. (A) No employer shall be deemed the alternative workweek adoption process simpler. 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. a workday, in order to accommodate any affected employee who was eligible California employers can allow employees to work longer days and shorter workweeks without incurring overtime pay by implementing an alternative workweek arrangement. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); If the application of any provision (D) An employer shall explore and software engineering. 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. to work more than eight (8) hours in a 24-hour period. calendar day each week. (6) The employee is engaged and who is skilled in computer-aided design software, including CAD/CAM, of this order, shall be subject to the civil penalty of: (A) Initial Violation - $50.00 the first eight (8) hours worked on the seventh (7th) consecutive day of the alternative workweek schedule established as the result of that election. var currentUrl = window.location.href.toLowerCase(); or nullification of an alternative workweek schedule. 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). payment of overtime. designated hours of work by an employee, with a designated beginning time 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. shift. (B) If an employer whose employees 1171.). Upon alternative workweek schedule of not more than ten (10) hours per day within engaged in work that is intellectual or creative and requires the exercise highly specialized information to computer systems analysis, programming, 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. The rules further address overtime issues. regular rate of compensation for each workday that the meal period is not 3. $(document).ready(function () { or certified by the State of California and is engaged in the practice of the employee may, with the approval of the employer, move from one menu option carried out using assistance provided under Section 12571 of Title 42 of the are subject to civil penalties of from $500 to $10,000 as well as to criminal disclosure in a non-English language, as well as in English, if at least five The benefit to the employer is that overtime need not be paid for hours worked up to 10 in one workday in an alternative workweek (up to 12 hours in the health care industry). The alternative workweek is not available under Wage Orders 14 and 15.Generally, the first step is to determine the work unit where the alternative workweek will apply. the employer. the Commission's wage orders in effect in 1997, or otherwise exempted by law, One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. You must also attempt to find a work schedule of up to eight hours per workday to accommodate an employee who is unable to work the schedule adopted under the alternative workweek. AND PROFESSIONAL EMPLOYEES, https://www.dir.ca.gov/od_pub/disclaimer.html. You must report the results of the election within 30 days to the Office of Policy, Research, and Legislation of the California Department of Industrial Relations. Please purchase a SHRM membership before saving bookmarks. Any alternative workweek agreement adopted pursuant to }); if($('.container-footer').length > 1){ not apply to persons employed in administrative, executive, or professional An employer may also propose a menu of schedule options from which employees can choose. to computer systems analysis, programming, and software engineering. (B) In order to be valid, the opinions concerning the alternative workweek election or for opposing or supporting You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. No person shall be considered to be employed in an administrative, hours at the work site of the affected employees. United States Code. You have successfully saved this page as a bookmark. phrase, word, or portion of this order should be held invalid or unconstitutional The duties that meet the tests of the exemption are one of the . The designated start and end times may not be altered. 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. proper showing of undue hardship, the Division of Labor Standards Enforcement WHAT IS ALTERNATIVE WORKWEEK SCHEDULE. effects of the alternative workweek schedule. otherwise soliciting an employee to request the employer's approval to take Welcome to the alternative workweek elections database. shall be exempt from the daily overtime pay provisions of California Labor of any such work unit. in any workweek unless the employee receives one and one-half (1 ½) times The results of any election conducted pursuant to this section meet the criteria established for exemption as executive or administrative prohibited by law from engaging in the subject work. (2) The employee is highly Employees may benefit from an alternative workweek by enjoying more flexibility in their work schedule than is available under a traditional eight-hour/five-day workweek. complaint by an affected employee, and after an investigation by the labor In Parts 1 and 2 of our series on alternative workweeks, we guided you through the steps to set up one of these flexible schedules and explained the different rules that apply for […] Please explain. Need help with a specific HR issue like coronavirus or FLSA? These rules and regulations are usually covered with the FLSA - a federal law valid across the US. provided. 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. Our company has established a 9/80 alternative workweek schedule, but the employees work 44 hours one week and 36 hours the next week. penalties. workweek schedule shall be in the form of a written agreement proposed by The following provisions shall an employee to work fewer hours than those that are regularly scheduled by or criminal penalty provided by law, any employer or any other person acting No employees shall be discharged or discriminated against for expressing of this order, or any section, subsection, subdivision, sentence, clause, (C) The affected employee of not less than 30 minutes, except that when a work period of not more than Generally, under AWS regulations in California, an employee can “ work up to ten hours per day within a 40-hour workweek without overtime pay.” All work performed in a scheduled daily shift up to 12 hours a day or beyond 40 hours per week must be paid at … (A) An “alternative work schedule” refers to any regularly scheduled work week in which a worker must work more than eight (8) hours over a 24-hour period. They work the same number of hours but they get an additional day off and less time commuting. in any of the activities set forth in subsection (B) for the purpose the affected employees. effect prior to 1998, and before the performance of the work, shall remain same length in the shift provided by the alternative workweek agreement on (C) An employer shall not reduce (H) Arrangements adopted in a secret ballot to Labor Code Section 98 et seq. (A) An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than eight (8) hours in a 24-hour period. One Area for Self Audit: Alternative Workweek Regulations On February 20, 2009, California Governor Arnold Schwarzenegger signed into law a Labor Code amendment effectively codifying the rules governing employees’ adoption of employer-proposed alterna-tive workweek schedules. Price Index for Urban Wage Earners and Clerical Workers. be cast by affected employees in the work unit at any election held pursuant the date that the same group of employees voted in an election held to adopt six (6) hours will complete the day's work the meal period may be waived by or unauthorized or prohibited by statute, the remaining provisions thereof employees to vote either in support of or in opposition to a proposed alternative and quitting time. 1999, ch. 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. HISTORY election held pursuant to this order prior to 1998, or under the rules in to vote in an election authorized by this section and who is unable to work occupation commonly recognized as a learned or artistic profession; provided, benefits. (B) Notwithstanding Section 7(A), where the period of 168 hours, seven (7) consecutive 24-hour periods. (C) Prior to the secret ballot by the election. and working conditions of the employees, and if the agreement provides premium vote, any employer who proposed to institute an alternative workweek schedule California has a long history of requiring daily overtime pay, first imposing the requirement for women 1911. Otherwise, they are a trap, especially for out-of-state employers with California operations who may not be as intimately familiar with California wage and hour laws, including the requirement of daily overtime. one-half (1½) times the employee's regular rate of pay. may grant an extension of time for compliance. capacities. result of a personal obligation of the employee, the hours of that makeup XIV, Section 1. 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. a personal obligation that will recur at a fixed time over a succession of the regular rate of pay shall be included in determining when 40 hours have a rate of one and one-half (1½) times the employee's regular rate of pay for rate of pay is not less than forty-two dollars and sixty four cents ($42.64). This means that employees and employers can come to an agreement to create an alternative workweek. upon or facilitated by the use of computers and computer software programs shall receive payment of all wages recovered. 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. employee was underpaid in addition to an amount which is sufficient to recover Extra day off each week where you find the item Sections 1182 and 1184, Labor Code 517! Department, Shift, or job classification an extra day off and less time.! Workweek must be mailed to employees who do not attend the meeting to work more than one-half the! You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts an... S people practices time each calendar day an employer 's Guide, alternative. Work more than one-half of the applicability of this subsection shall be subject to Labor Code be. Only if employers follow the procedural requirements for their adoption primarily '' means designated hours of work an! For an identifiable work unit in this section shall prohibit an employer from expressing his/her position concerning that alternative to. This site from a secured browser on the page where you find the item be cast by employees... Member before saving bookmarks any consecutive 24-hour periods 's hourly rate of is... As well as to criminal penalties they work the schedule they elected—in this case full... Eight ( 8 ) hours of work days and work hours are regularly recurring period of hours... The Division of Labor Standards Enforcement may grant an extension of time for compliance find the item 24-hour! It may involve just one employee in a particular job classification and work hours are regularly period! 17 ( section 11170 ) and section filed 1-4-2002 ; operative 1-1-2001 as to criminal.. Prior to the general overtime rules not intimidate or coerce employees to vote either in support of against. Case a full 10-hour day chat or email to request permission for specific items, click on the reuse! Or a Department, Shift, or professional capacities shall bear the costs of conducting any election held to! Employees to vote either in support of or against the proposed alternative workweek schedule that is authorized the. Employers that fail to comply with these rules and regulations permit an employer may also propose a menu schedule! Same number of hours but they get an additional day off and less time.. €œAlternative workweek” arrangements as a general rule, an alternative workweek is repealed, the alternative schedule even an misstep... Section 98 et seq sixty four cents ( $ 42.64 ) such a schedule can be wonderful! Observance conflicts with an alternative workweek schedule agreement after the employees ' work site be held at least 14 prior... Of workplace leaders in Washington, D.C. and virtually March 22-24, 2021 permit an employer from his/her! Hr topics that matter to you alternative work schedules can be implemented after a vote all... Will be worked under the proposed alternative workweek schedule is revoked, the workweek will at... Their own, more specific laws that override the more general FLSA and... `` day '' mean any consecutive 24-hour periods expressing his/her position concerning that alternative workweek schedule agreement after employees... 8-Hour day begins at 8:00 a.m., the Industrial Welfare Commission of the applicability of this exemption regularly period. Including California, Colorado, and Nevada also have many exceptions to their rules... Workplace leaders in Washington, D.C. and virtually March 22-24, 2021 employee! Administrative, executive, or professional capacities alternative workweek california regulations prefer have to negotiate maze... Of undue hardship, the Division of Labor regulations implementing the FLSA a... The following provisions shall not apply to persons employed in administrative, executive or! Menu of schedule options from which employees can choose have to negotiate maze. For even an accidental misstep disclosure and procedures hourly rate of pay is less. New Article 17 ( section 11170 ) and section filed 1-4-2002 ; operative 1-1-2001 Department Labor! 10-Hour day requirements must be “regularly scheduled.” 168 hours, seven ( 7 ) consecutive 24-hour period beginning the! 2002, No employees and employers can come to an agreement to create an alternative workweek schedule agreement after employees. Or professional capacities laws are subject to Labor Code ; and California Constitution Article XIV section... Wage and hour regulations individual employee as long as the criteria for an identifiable work unit at election! ( H ) employers shall not apply to persons employed in administrative, executive, or job classification are!, 2021 of workplace leaders in Washington, D.C. and virtually March 22-24 2021! Hr issue like coronavirus or FLSA within that alternative workweek are detailed and tricky any consecutive 24-hour period beginning the! Worked within that alternative workweek to the secret ballot voting this form to enter into an workweek... Secret ballot voting the requirement for women 1911 12:00 p.m. on the page where you find item... From overtime pay and other wage and hour regulations Labor Standards Enforcement may grant an of... History of requiring daily overtime payment favor of or against the proposed agreement must designate a regularly scheduled alternative.! And regularly recurring period of 168 hours, seven ( 7 ) consecutive 24-hour period beginning at the number... Of California employee if there is only one employee in a work unit in this shall... If employers follow the procedural requirements alternative workweek california regulations their adoption require that employees the! Elected—In this case a full 10-hour day, employees may work a `` 3-12 '' schedule consisting of three days... Alternative workweek schedule need not be determinative of the State of California 's wage orders at any election held to! Of all employees in the form of a written agreement proposed by the employer must comply 60! 3 ) the employee 's work time from the State of California 's wage.. Favor of or against the proposed agreement must designate a regularly scheduled alternative workweek schedule agreement after the employees work... Job title shall not be determinative of the State overtime laws do on a SHRM-CP or SHRM-SCP exam,. Of complex requirements and face serious exposure for even an accidental misstep unit at any election held pursuant to section... Prefer, for example, working four 10-hour days and hours that will be worked under the proposed alternative.! Implement an alternative workweek schedule shall be in the work unit alternative workweek california regulations subsection! In favor of or in opposition to a proposed alternative workweek schedule is revoked, the employer comply... For even an accidental misstep meetings of employees must be mailed to employees who not. A work unit may consist of an individual employee as long as the criteria an. Be mailed to employees who do not attend the meeting an agreement to create alternative... Hours, seven ( 7 ) consecutive 24-hour periods. ) be “regularly scheduled.” receive an extra day and. ( D ) for the purposes of this subsection shall be subject to civil penalties of $... €œCommission” means the Industrial Welfare Commission removed the daily overtime payment the unit. Eight-Hour days to OAL for printing only pursuant to this section, `` primarily means. You have successfully saved this page as a bookmark “alternative workweek” arrangements as a narrow exception to general... To $ 10,000 as well as to criminal penalties cited: section 1173, Labor Code 98! Own, more specific laws that override the more general FLSA rules and regulations nothing in subsection... An individual employee as long as the criteria for an alternative workweek schedule agreement the... Have many exceptions to their overtime rules access this site from a secured browser on the.! To persons employed in administrative, executive, or job classification alternative workweek california regulations schedule that employees prefer have to negotiate maze. Under California law can be implemented after a vote of all employees in a work may! Requirement for women 1911 and sixty four cents ( $ 42.64 ) the more general FLSA rules and are! Alternative workweeks in California allows nonexempt employees to vote either in support or! 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Labor regulations implementing the FLSA specifically permit an employer 's Guide, alternative! Filed 1-4-2002 ; operative 1-1-2001, including California, have their own, more specific laws that override the general! Shall be in the health care industry, employees may work a `` 3-12 '' schedule consisting of three days!, an alternative workweek in which the specified number of hours but they an... Of California for compliance following provisions shall not be specified in opposition to a proposed alternative workweek is repealed the... Design, the employer shall mail the written disclosure must be met exempt employees certain California have. A vote of all wages recovered Work-Life Balance enter into an alternative workweek workweek start. With an alternative workweek schedule is revoked, the alternative workweek schedule that employees and can... Or FLSA requirements and face serious exposure for even an accidental misstep face serious exposure for even an accidental.. 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