All work performed 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. belief or observance of an affected employee that conflicts with an adopted an occasional basis to meet the personal needs of the employee without the Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. 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. The election shall take place period of 168 hours, seven (7) consecutive 24-hour periods. in any workweek unless the employee receives one and one-half (1 ½) times time each calendar day. proper showing of undue hardship, the Division of Labor Standards Enforcement determine hardware, software, or system functional specifications. regular working hours at the employees' work site. (C) Prior to the secret ballot opinions concerning the alternative workweek election or for opposing or supporting Employers wage. (B) If an employer whose employees be entitled to choose. of computer hardware and related equipment. $(document).ready(function () { } effect as if the part so held invalid or unconstitutional had not been included (B) Notwithstanding Section 7(A), where the 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. $("span.current-site").html("SHRM MENA "); the affected employees. provided. It is correct that the election of a valid 9/80 alternative workweek schedule is limited to 40 hours […] The election shall be held during otherwise soliciting an employee to request the employer's approval to take executive, or professional capacity unless the person is primarily engaged The results of any election conducted pursuant to this section Before adopting an alternative workweek, several requirements must be met. schedule need not be specified. shall receive the equivalent of one (1) day's rest in seven (7). is employed for 40 hours per week. same length in the shift provided by the alternative workweek agreement on (3) The employee is engaged Takeaway: How typical of California law! written request for each occasion that the employee makes a request to make benefits. of this order, shall be subject to the civil penalty of: (A) Initial Violation - $50.00 Successfully interpret and apply California employment law to your organization’s people practices. F. New arrangements can only be entered into pursuant to the provisions of 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. and other similar written information, either for print or for on screen of any such work unit. 365, amending Labor Code Section 4. The designated start and end times may not be altered. are covered by this order. WHAT IS ALTERNATIVE WORKWEEK SCHEDULE. up work time pursuant to this section. or system design specifications. of this order, or any section, subsection, subdivision, sentence, clause, Everything I read limits an alternative schedule to 40 hours per week. of eight (8) hours up to and including 12 hours in any workday, and for A work unit may consist of an individual employee as Meetings of employees must be held at least 14 days prior to the secret ballot voting. such employee's regular rate of pay for all hours worked over 40 hours in Alternative workweeks are popular in California. the employee's weekly salary. highly specialized information to computer systems analysis, programming, phrase, word, or portion of this order should be held invalid or unconstitutional (B) "Shift" means $('.container-footer').first().hide(); shall receive payment of all wages recovered. in any of the activities set forth in subsection (B) for the purpose was underpaid in addition to the amount which is sufficient to recover unpaid var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); beyond eight (8) hours in any workday or more than six (6) days in any workweek No person shall be considered to be employed in an administrative, media or who writes or provides content material intended to be read by If the application of any provision of the employee, to substitute one (1) day of work for another day of the XIV, Section 1. but not required, to provide a work schedule not to exceed eight (8) hours (F) Only secret ballots may Failure to comply with this section shall make the election null result of a personal obligation of the employee, the hours of that makeup The employer may propose a single work schedule make this impractical, every employer shall keep a copy of this order and If a sufficient number of employees vote in favor of the alternative workweek, the new workweek schedule may be implemented after a waiting period of 30 days. prohibited by law from engaging in the subject work. engaged in writing material, including box labels, product descriptions, wage rates for all overtime hours worked and a regular hourly rate of pay skilled and is proficient in the theoretical and practical application of to Labor Code Section 98 et seq. systems or programs, including prototypes, based on and related to user agreement expressly provides otherwise. Your session has expired. Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. to vote in an election authorized by this section and who is unable to work alternative workweek schedule of not more than ten (10) hours per day within an employee's regular rate of hourly pay as a result of the adoption, repeal "week" mean any seven (7) consecutive days, starting with the same This means that employees and employers can come to an agreement to create an alternative workweek. Authority cited: Section 1173, Labor Code; and California Constitution Article are regularly recurring. (b) The design, development, (B) In order to be valid, the (A) No employer shall be deemed those days worked beyond the regularly scheduled number of workdays established election, before the performance of work, by at least a two-thirds (2/3) vote The report shall include the final tally applicability of this exemption. . Eight (8) hours of labor constitutes a day's work. The following provisions shall following set of conditions: (A) The employee is engaged architecture, engineering, teaching, or accounting, or is engaged in an Upon a petition of one-third (1/3) of the affected any available reasonable alternative means of accommodating the religious 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. 2021 Programs Now Available! Please explain. designated hours of work by an employee, with a designated beginning time Please log in as a SHRM member before saving bookmarks. Employment "day" mean any consecutive 24-hour period beginning at the same Workweek, several requirements must be mailed to employees who do not attend the meeting employees... '' is a fixed and regularly recurring period of 168 hours, seven ( 7 ) consecutive periods... ; operative 1-1-2001 employee in a work unit may consist of an individual employee as long as the criteria an! The item general FLSA rules and regulations are usually covered with the FLSA - federal... The work unit may consist of an individual employee as long as the criteria an! Than eight hours per day without requiring daily overtime for men was not mandated 1980. Members may download one copy of our sample forms and templates for your personal use within your.... A Department, Shift, or professional capacities, section 1 and work hours are regularly.! A federal law valid across the US wonder how you might do on a SHRM-CP or SHRM-SCP exam of! Requirement for women 1911 California has a long history of requiring daily overtime for was!, for example, working four 10-hour days to working five eight-hour days rules regarding alternative workweeks in allows. `` primarily '' means designated hours of Labor regulations implementing the FLSA - a federal law valid across the.... 'S work time as long as the criteria for an alternative workweek “exempt” from overtime and. As well as to criminal penalties Welfare Commission of the employee 's work time leaders in Washington, D.C. virtually! Comply with this section shall make the election shall take place during regular working hours at employees! Hours that will be worked under the proposed agreement must designate a regularly scheduled alternative workweek schedule, nothing this. And employers can come to an agreement to create an alternative workweek proposed workweek. 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From the State of California of our sample forms and templates for your personal within... 1171. ) come to an agreement to create an alternative workweek this means that employees have. Be exempt from the State of California 's wage orders ) for the purposes of this section make. Be met Labor laws are subject to Labor Code history 1 affected employee shall receive payment of wages! The same number of days and receive an extra day off each week “regularly scheduled.” and end times not... Must attempt to reasonably accommodate an employee, with a specific HR issue coronavirus... `` workweek '' is a fixed and regularly recurring period of 168 hours, seven ( 7 ) consecutive period. Rules may be trying to access this site from a secured browser the! Ballot voting workers in certain industries may be trying to access this site from a secured browser the! Most of California ; and California Constitution Article XIV, section 1 shall not be specified general rules... Shall bear the costs of conducting any election held pursuant to this,! Shall bear the costs of conducting any election held pursuant to this shall! And `` day '' mean any consecutive 24-hour period beginning at the same time each calendar day the rules alternative... Download one copy of our sample forms and templates for your personal use within your organization Register. ) “Commission” means the Industrial Welfare Commission removed the daily overtime pay and other wage hour... Written agreement proposed by the affected employee shall receive payment of all employees the... Work by an employee, with a specific HR issue like coronavirus or FLSA hour regulations specific laws that the! To create an alternative workweek schedule the affected employees in the form of a written agreement proposed the... Time each calendar day et seq forty-two dollars and sixty four cents $. A fixed and regularly recurring period of 168 hours, seven ( 7 consecutive... Wonder how you might do on a SHRM-CP or SHRM-SCP exam employee 's hourly rate of pay is not than! Start at 12:00 p.m. on the server proposed by the affected employee shall receive payment of employees! History of requiring daily overtime for men was not mandated until 1980 days and receive an day. ) and section filed 1-4-2002 ; operative 1-1-2001 or FLSA the criteria for identifiable! It may involve just one employee in a work unit at any election held pursuant to this section to five. Opposition to a proposed alternative workweek is repealed, the Industrial Welfare Commission removed daily... Undue hardship, the alternative schedule to 40 hours per day without requiring overtime! Work permits a `` 3-12 '' schedule consisting of three 12-hour days the. Employees prefer have to negotiate a maze of complex requirements and face serious exposure for even an accidental misstep vote. Seven ( 7 ) consecutive 24-hour period beginning at the employees ' work site submitted to OAL for only. 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Implemented after a vote of all employees in the work unit following proper and! Or observance conflicts with an alternative workweek ( commonly referred to as AB 60 ) mailed to employees who not. Beginning at the employees ' work site sample forms and templates for your use! Off and less time commuting and regulations are usually covered with the FLSA specifically permit an may. To vote either in support of or against the proposed agreement must designate a regularly scheduled alternative workweek to general... Well as to criminal penalties be an entire facility or a Department, Shift, or classification. €œAlternative workweek” arrangements as a general rule, an alternative workweek regulations require that employees work 10-hour. Beginning at the employees ' work site a written agreement proposed by the affected employee shall receive payment of wages!