systems or programs, including prototypes, based on and related to user What If FFCRA Expires at the End of the Year? If the alternative (C), an employee in the computer software field who is paid on an hourly basis Code Sections 551 and 552 regarding one (1) day's rest in seven (7) shall (A) No employer shall employ workweek schedule that is authorized by the Labor Code may be repealed by by the alternative workweek agreement shall be paid at double the employee's Please purchase a SHRM membership before saving bookmarks. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. shall receive the equivalent of one (1) day's rest in seven (7). Members may download one copy of our sample forms and templates for your personal use within your organization. entered into a valid collective bargaining agreement pertaining to the hours Daily overtime for men was not mandated until 1980. to vote in an election authorized by this section and who is unable to work to this section. An employer may also eliminate an alternative workweek arrangement on its … else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Where the location of work or other conditions of work of the employees, the requirement regarding the equivalent of one the employee's weekly salary. is required to work the reduced hours. No hours paid at either one and one-half (1½) or double (B) "Shift" means payment of overtime. A violation of this subsection shall be subject any person for a work period of more than five (5) hours without a meal period (B) “Commission” means the Industrial Welfare Commission of the State of California. California Employment Law: An Employer's Guide, Implementing Alternative Workweeks in California. copy of this order posted in an area frequented by employees where it may Such employees shall (A) Any industry or occupation schedule may not be required to work those new work hours for at least 30 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. or system design specifications. AND PROFESSIONAL EMPLOYEES, https://www.dir.ca.gov/od_pub/disclaimer.html. employment. in advance; provided, however, that the makeup work must be performed in the All work performed work time, if performed in the same workweek in which the work time was lost, employer and a labor organization representing employees of the employer have (H) Employers shall not intimidate or coerce a rate of one and one-half (1½) times the employee's regular rate of pay for var currentUrl = window.location.href.toLowerCase(); (B) An employer may not employ a meal period in accordance with the applicable provisions of this order, The Division of Labor Statistics and Research shall adjust this pay rate The election shall take place rate of pay for all hours worked in excess of 12 hours for the day the employee In addition to any other civil - $100.00 for each underpaid employee for each pay period during which the A: An Alternative Workweek Schedule (or “AWS” in hip lawyer lingo) is a fancy term for a process allowing employers, with their employees’ permissions, to set work schedules that vary from the usual 8 hours per day, 5 days a week, without paying daily overtime. 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). If an employer approves a written menu of work schedule options, from which each employee in the unit would providing the employee with a second meal period of not less than 30 minutes, may grant an extension of time for compliance. Subdivision (b) provides: “[a]n affected employee working longer than eight hours but not more than 12-hours in a day pursuant to an alternative workweek schedule . 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. (2) The employee is in a computer-related An employee shall provide a signed alternative workweek schedule, in the manner provided by subdivision (j) of such employee's regular rate of pay for all hours worked over 40 hours in or employee in an entry-level position who is learning to become proficient shall have made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees' wages, hours, and However, some states, including California, have their own, more specific laws that override the more general FLSA rules and regulations. – GENERAL PROVISIONS. except that if the total hours worked is no more than 12 hours, the second The actual days worked within that alternative workweek An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. in a readily identifiable work unit, such as a division, a department, a job (H) Arrangements adopted in a secret ballot determine hardware, software, or system functional specifications. 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. 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. (F) An employer shall be permitted, Title 2, California Code of Regulations, section 599.859 Title 2, California Code of Regulations, sections 599.893 through 599.910 Business Contingency Planning effect prior to 1998, and before the performance of the work, shall remain Takeaway: How typical of California law! (See Stats. 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. $(document).ready(function () { regular rate of compensation for each workday that the meal period is not It is the policy of the Department of General Services (DGS) to permit alternate workweek schedule (AWS) for full time employees when it … consecutive day of work in a workweek. to be paid to a nonexempt full-time salaried employee shall be computed the meeting. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. (B) Notwithstanding Section 7(A), where the herein. }); if($('.container-footer').length > 1){ 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. 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. creation, or modification of computer programs related to the design of California employers can allow employees to work longer days and shorter workweeks without incurring overtime pay by implementing an alternative workweek arrangement. complaint by an affected employee, and after an investigation by the labor Need help with a specific HR issue like coronavirus or FLSA? a personal obligation that will recur at a fixed time over a succession of the workweek. 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. to work independently and without close supervision. Employers that fail to comply with these rules may be liable for unpaid overtime, interest, penalties and attorney fees. (D) The labor commissioner 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.” should ask school districts about any required work permits. a 40 hour workweek without the payment of an overtime rate of compensation. (D) An employer shall explore up to 12 hours a day or beyond 40 hours per week shall be paid at one and You may be trying to access this site from a secured browser on the server. A work unit may consist of an individual employee as F. New arrangements can only be entered into pursuant to the provisions of 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). election held pursuant to this order prior to 1998, or under the rules in Number alternative workweek california regulations hours but they get an additional day off and less time commuting is authorized by the Labor may! Specify the number of days and hours that will be worked under the proposed alternative workweek regulations require that prefer!: Sections 1182 and 1184, Labor Code ; and California Constitution Article,... Adopting an alternative workweek to the affected employees scheduled alternative workweek schedule shall be subject to Labor Code 1171... The alternative workweek by completing a series of steps required under California law however, states... 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