Since employment laws change over time and can vary by location and industry, consult a lawyer or HR expert for specific guidance. Additionally, the employer must conduct a new secret ballot election to repeal the alternative schedule upon the petition of one-third of the affected employees. What is an Alternative Work Schedule in California? A work unit can also include a separate physical location if applicable. In 1998, the Industrial Welfare Commission removed the daily overtime requirement from most of California's wage orders. To provide its residents with the ability to work flexible schedules, the alternative workweek regulations allow employers to enact alternative workweek schedules without paying them … Alternate Workweek Schedule 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. Alternate Work Week. The two things we’d like to point out is 1) time and a half does NOT apply to employees working an AWS AND 2), the fact that it says, “properly adopted AWS”. 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. Under the proposed new schedule, however, employees may work up to 10 hours in a day without the payment of daily overtime. Anaheim CA 92804, Oficina de Temecula First of all it is important to understand what is the meaning of alternative work week schedule? To have legal alternative work schedules, employers must comply with certain procedures: 1) Employers must first propose a written plan agreement with precise schedules to adopt. However, Mitchell v. Yoplait, contradicts the DLSE’s current interpretation and currently permits employers outside the health care industry to adopt alternative workweek schedules which include regularly scheduled 12-hour days. The employer should not mix these schedule types, as a worker could legitimately claim that she does not meet the 4/10 work schedule for California overtime law if she sometimes works a … 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. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day … 6) Employers must make sure that their employees comply with the exact alternative schedules that were proposed and approved. [Specify benefits to employees of an alternative workweek, such as more days off per week, more time to … By Kristina M Launey. For example, if the employees appear for work at 7 a.m., take a 30-minute off-duty meal period at 11 a.m., and leave at 5 p.m., the total hours worked are 9.5 hours. 3. Under the 9/80 schedule, employees work for nine days in which 80 hours are compressed into those nine days. Agresividad. Temecula, CA 92590, Employment At-Will & Breach of Employment Contract, Workers' Compensation Benefits for Coronavirus, Injured Worker Right to Medical Treatment, Injured Worker Right’s To Permanent Disability Benefits, Injured Worker Rights To Temporary Disability Benefits, Injured Worker’s Rights to Death Benefits, Police officers & firefighters Salary Continuation LC § 4850, Type of Pre-Existed Injuries May Be Included. Employers generally can only propose “4/10” ( four days a week, 10 hours per day) or “9/80” (80 hours spread over nine days occurring during a 14-day) schedules. A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. Layoff Information for Employees; Layoff Manual; Model Workplace Violence and Bullying Prevention; Policy Memos; Political Activities; Rule 250 Frequently Asked Questions; Rules and Regulations. If you are not a current HR for Health client and have additional questions, please schedule an HR consultation with us by booking time here or calling us at 877-779-4747, option 1. This disclosure must be in both English and a non-English language if at least five percent of the affected employees primarily speak that language. Learn about HR for Health's HR services, Topics: Hour, A “work unit” may consist of one employee as long as the requirements for an identifiable work unit are met. 41593 Winchester Rd Suite 200 CA Paid Sick Leave Update: Labor Commissioner Issues More FAQs. We won't stop fighting for you especially during these difficult times. Quick note: This is not to be taken as legal or HR advice. Schedule a call today! An AWS does require employees to waive their right to receive overtime pay. 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 certain healthcare employers and … An alternative workweek schedule means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period without overtime pay. California Labor Code Section 510(a)(1) states that “any work in excess of 8 hours in one day shall be compensated at the overtime rate of time and a half. Propose a written schedule to the affected work unit. Remember that this is a legally binding schedule which you cannot deviate from week to week. Huntington Beach, Garden Grove, Oceanside, Costa Mesa, San Diego, Chula Vista, El Cajon, Pomona, El Monte Downey, overtime pay), AWSs are also popular amongst employees who prefer flexible work schedules and the extra time off. Alternative Workweek Rules. Employers may propose alternative workweek schedules to identifiable “work units” as defined in the wage orders to include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. Provide a written disclosure of the effects of the proposed AWS. This database contains the following information: company name, address, city, state, zip code, county, date of election, date on letter, date received, vote, work schedule, … Also remember that you must account for a lunch. So, if you are scheduling them 10 work hours, the proposed AWS cannot be from 10am-8pm, but must include an additional 30 minutes to 1 hour for lunch. Employees working the 9/80 schedule would not receive overtime pay despite working an additional eight hours but would however receive an extra day off from work every two weeks. The use of an approved alternative work scheduleusing either a standard workweek or an alternative workweek is at the sole discretion of the Elected Official/Department Director. Other states would simply fall under the Flexible Work Schedule. Reasonably accommodate an employee whose religious beliefs conflict with the schedule. Alternative work weeks schedules in California. Common window schedule. Wages, California’s daily overtime law, which requires [Company] to pay daily overtime to nonexempt employees who work more than eight hours in a day. 2) Employers must give employees who will be affected by alternative work schedules the opportunity to vote whether they, in fact, want the schedules to be implemented. The new schedule can be implemented within 30 days of the announcement of the final result of the vote. But before California employers can implement an Alternative Workweek Schedule … This does not apply, however, to an employee working pursuant to a properly adopted AWS.”. The proposed agreement must designate an alternate workweek, including a specified number of regularly recurring workdays and work hours. At least two-thirds of the affected employees (not just the voting employees) must vote in favor of the alternative schedules in order for them to be implemented. HR for Health has provided the following complimentary articles to ensure you have a game plan when addressing complex HR matters. The plan agreement can either propose a single, set schedule (e.g., Monday through Thursday, 8 a.m. to 7 p.m. (excluding an hour meal break), or a menu of schedules options which the employees can choose from, including the standard “5/8” (five days a week, 8 hours per day) work week. 3) Employers must then give employees separate written disclosures explaining the anticipated effects that the schedules will have on wages, work hours, and benefits. Temecula, CA 92590, Oficina Principal They work the same number of hours but they get an additional day off and less time commuting. Under a 4/10 schedule, employees work 10 hours a day for four days and receive no daily overtime, but receive an additional day off. Health care offices are common candidates for an AWS. Calendars for Alternate Work Week Schedules; Layoff Process. Welcome to the alternative workweek elections database. Experiencia. 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. They work … Give employees extra days off and cut down their commuting costs while allowing more flexibility in their work schedule than is available under a traditional eight-hour/five-day workweek. 518 S Brookhurst St Suite #4 WHAT IS ALTERNATIVE WORKWEEK SCHEDULE. However, before we get there let’s talk about what an AWS is. Employees generally love Alternative Workweek Schedules. The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less that 12 months after the date that the same group of employees voted in an election held to adopt or repeal an alternative workweek schedule. Aggressive. An alternative workweek schedule refers to any regularly scheduled workweek in which employees work 8+ hours in a 24-hour period. You must then wait 30 days, as employees may not be required to work the AWS until 30 days have passed. California Labor Code Section 511 and some Industrial Welfare Commission (IWC) Wage Orders provide for alternative workweek schedules. 4) 14 days after the meetings, employers must hold a secret ballot election at which all affected employees can vote whether they, in fact, want the alternative schedules. Employees generally love Alternative Workweek Schedules. By Seyfarth Shaw LLP on February 25, 2015. Please keep in mind that due to an influx in questions related to the COVID-19 outbreak, our response time may be slower than usual, but we will get back to you as soon as we can! Alternate Work Week: A work schedule which allows a non-exempt employee to work a fixed schedule other than 5 days per week, 8 hours per day. The following alternative work schedules provide a range of options that satisfy the needs of both companies and employees: 1. You must hold a meeting at least 14 days prior to voting, in order to inform employees of the effects of the AWS on the employees’ wages, hours, and benefits. Los Angeles, Long Beach, Glendale, Pasadena, Inglewood, Santa Ana, Anaheim, Newport Beach, Irvine, City of Orange. Employers cannot force employees to work the new schedule immediately. Employers must also schedule meetings at which the anticipated effects can be discussed. An exception to the 10-hour rule is expressly set forth in the wage orders for the health care industry, not to include receptionists and technical support, which permits the adoption of alternative schedules which include regular 12-hour workdays. Here’s how they work: Under the 4/10 schedule, employees work for four days at 10 hours per day with no overtime pay, however, they will receive an additional day off from work. Flexible hour plans are the Alaska equivalent of the AWS, although the process for adopting a flexible hour plan is much simpler. Daily overtime for men was not mandated until 1980. We provide services to help you handle compliance with state laws, hiring, and all your other HR needs. If the AWS is changed for a week, there must be proper notice between employer and employee, as well as a signed agreement. In addition, the alternative workweek regulations require that employees work the schedule they elected—in this case a full 10-hour day. ¿QUÉ HACER EN CASO DE UN ACCIDENTE DE TRABAJO? They prefer, for example, working four 10-hour days to working five eight-hour days. Examples of an Alternative Work Schedule Two of the most common AWSs in California are the “4/10” and the “9/80” schedules. There are times when proposing a new Alternative Work Schedule (AWS) would benefit your practice, and perhaps even your employees. You don’t have to specify specific days and hours, but you must say how many days a week and how many hours per day are proposed. Currently, workers can only vote for or against a menu of alternative schedules. An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than eight (8) hours in a 24-hour period. Derecho a tratamiento médico inmediato para un trabajador lesionado, Derechos de incapacidad permanente para trabajadores lesionados, Derechos de incapacidad temporal para trabajadores lesionados. You first must determine the work unit, or group of employees who will be affected by the change. An example of this would be the referenced 4/10 alternate work schedule mentioned above. 2. Ideas, news, tips and trends to keep you up-to-date. Chino Hills CA 91709, Oficina de Anaheim The advantage to employers is that they can give employees the schedule they prefer without incurring additional overtime liability. Remote work options can still require employees to follow the old eight to five grind, but may not actually be better. Posted in 2015 Cal-Peculiarities, 2015 Legislative Updates, California Leaves, Sick Leave Series. Trial Lawyers. Labor Laws for 8, 10, 12-Hour Shifts (Alternative Workweek Schedules) in California. Employers may reduce energy costs by having their businesses closed for additional days per week or may enjoy other benefits unique to their operations. The State of California Department of Industrial Relations has a database of employers who have filed alternate workweek election results with the Division of Labor Standards Enforcement and can be found here: https://www.dir.ca.gov/databases/oprl/DLSR-AWE.html. However, under California Labor Code, section 511 employers are allowed to adopt alternative work schedules under which employees may work more than eight hours in a day without payment of daily overtime, provided the employer follows a special election procedure. Additionally, employees must be given advance notice of this meeting. Two common AWSs are the so-called “4/10” or “9/80” schedules. 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