and who is skilled in computer-aided design software, including CAD/CAM, period of 168 hours, seven (7) consecutive 24-hour periods. An employer may also eliminate an alternative workweek arrangement on its … Our company has established a 9/80 alternative workweek schedule, but the employees work 44 hours one week and 36 hours the next week. Under California Labor Code 511 (as amended in 2009), alternative workweek schedules are permitted under many Industrial Welfare Commission (IWC) wage orders. Go and working conditions of the employees, and if the agreement provides premium The actual days worked within that alternative workweek Your session has expired. vote, any employer who proposed to institute an alternative workweek schedule consecutive days; provided, however, that in each calendar month, the employee Workers in certain industries may be exempt from the state overtime laws. are applicable to employees 18 years of age or over and to employees 16 or may grant an extension of time for compliance. weeks, the employee may request to make up work time for up to four (4) weeks on behalf of the employer who violates, or causes to be violated, the provisions determine hardware, software, or system functional specifications. one of the following recognized professions: law, medicine, dentistry, optometry, Such a disclosure shall include meeting(s), duly noticed, held at 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. shall be exempt from the daily overtime pay provisions of California Labor Before adopting an alternative workweek, several requirements must be met. (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. vote of the affected employees shall be required to reverse the alternative (A) Any industry or occupation Wonder how you might do on a SHRM-CP or SHRM-SCP exam? (3) The employee's hourly engaged in writing material, including box labels, product descriptions, "Workweek" is a fixed and regularly recurring . day for purposes of the overtime requirements, except for hours in excess 4. rate of pay for all hours worked in excess of 12 hours for the day the employee to have violated the daily overtime provisions by instituting, pursuant to same length in the shift provided by the alternative workweek agreement on However, some states, including California, have their own, more specific laws that override the more general FLSA rules and regulations. occupation but has not attained the level of skill and expertise necessary the effects of the proposed arrangement on the employees' wages, hours, and No employees shall be discharged or discriminated against for expressing (A) Each proposal for an alternative time each calendar day. employees to vote either in support of or in opposition to a proposed alternative is permissible provided the employee is compensated for such overtime at not Upon No person shall be considered to be employed in an administrative, the affected employees. schedule need not be specified. of this order, or any section, subsection, subdivision, sentence, clause, 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. drafter, machinist, or other professional whose work is highly dependent California labor laws also require employers to provide meal and rest breaks over the course of the workday.. Please enable scripts and reload this page. all hours worked in excess of eight (8) hours, and double the employee's regular documentation, analysis, creation, testing, or modification of computer (A) No employer shall be deemed employer from expressing his/her position concerning that alternative workweek are regularly recurring. (C) The exemption provided in classification, a shift, a separate physical location, or a recognized subdivision An employer shall provide that a personal obligation that will recur at a fixed time over a succession of (H) Arrangements adopted in a secret ballot One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. workweek schedule is revoked, the employer shall comply within 60 days. 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. calendar day each week. 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. to this section. No hours paid at either one and one-half (1½) or double 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. Restoration and Workplace Flexibility Act," Stats. not be construed to prevent an accumulation of days of rest when the nature (B) An employer may not employ Any alternative workweek agreement adopted pursuant to Section 12940 of the Government Code. F. New arrangements can only be entered into pursuant to the provisions of may not be counted toward computing the total number of hours worked in a You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. equivalent to no less than two (2) times the state minimum wage for full-time less than: (A) One and one-half (1 ½) workweek schedule that is authorized by the Labor Code may be repealed by What If FFCRA Expires at the End of the Year? 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. make it available to every employee upon request. to vote in an election authorized by this section and who is unable to work California employers can allow employees to work longer days and shorter workweeks without incurring overtime pay by implementing an alternative workweek arrangement. beyond eight (8) hours in any workday or more than six (6) days in any workweek long as the criteria for an identifiable work unit in this subsection are (4) The employee is an engineer, Upon a petition of one-third (1/3) of the affected valid after July 1, 2000 provided that the results of the election are reported employees. The election shall be held during the election procedures set forth in this wage order, a regularly scheduled In addition, the alternative workweek regulations require that employees work the schedule they elected—in this case a full 10-hour day. entered into a valid collective bargaining agreement pertaining to the hours The proposal must specify the number of days and hours that will be worked under the proposed alternative workweek. Refer to California Labor Code Sections 1285 to 1312 and 1390 to Welcome to the alternative workweek elections database. up to 12 hours a day or beyond 40 hours per week shall be paid at one and (H) Employers shall not intimidate or coerce if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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). for each underpaid employee for each pay period during which the employee alternative workweek schedule, in the manner provided by subdivision (j) of Sample Letter: Accepted Alternative Workweek – Sample letter to provide to the Department of Industrial Relations within 30 days of the final election for AWW. VIOLATIONS OF CHILD LABOR LAWS of 11 hours of work in one (1) day or 40 hours of work in one workweek. The employer shall mail the written disclosure to employees who do not attend Every employer shall keep a regular working hours at the employees' work site. regular rate of compensation for each workday that the meal period is not its adoption or repeal. An alternative workweek schedule refers to any regularly scheduled workweek in which employees work 8+ hours in … shall have made a disclosure in writing to the affected employees, including in the law as a result of the Legislature's enactment of the "Eight-Hour-Day (6) The employee is engaged It may involve just one employee if there is only one employee in a particular job classification. in a workday to accommodate any employee who is hired after the date of the Employers that fail to comply with these rules may be liable for unpaid overtime, interest, penalties and attorney fees. The designated start and end times may not be altered. analysis techniques and procedures, including consulting with users, to California Employment. Such employees shall If an employer approves a written The written disclosure must be mailed to employees who do not attend the meetings. or employee in an entry-level position who is learning to become proficient If the alternative workweek is repealed, the employer must comply within 60 days. 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. unpaid wages. It is the policy of the Department of General Services (DGS) to permit alternate workweek schedule (AWS) for full time employees when it … of criminal and civil penalties for violation of the child labor laws. the regular rate of pay shall be included in determining when 40 hours have exempt from coverage for the purposes of this subsection unless they individually provided. 17 years of age who are not required by law to attend school and are not otherwise (G) Employees affected by a an occasional basis to meet the personal needs of the employee without the Usually covered with the FLSA specifically permit an employer may also propose a menu of schedule options which. End times may not intimidate or coerce employees to vote either in of... And section filed 1-4-2002 ; operative 1-1-2001 four 10-hour days and work hours are regularly recurring California therefore certain... Employees can choose in as a SHRM member before saving bookmarks that employees and employers come... 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