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Alternative work schedule
Practice Areas
Automobile Accident
Truck Accident
Motorcycle Accident
Bicycle Accident
Pedestrian Accident
Slip and Fall Accident
Premises Liability
Product Liability
Medical Malpractice
Dog Bites
Wrongful Death
Defective Drugs
Class Action
Rear End Accidents
Drunk driving accident attorney
Passenger Accident
Heavy equipment accident attorney
Nursing home neglect attorney
Defective product attorney
What is Workers’ Compensation?
What to do After a Work Injury
Injured Worker Right to Medical Treatment
Injured Worker Rights To Temporary Disability Benefits
Injured Worker Right’s To Permanent Disability Benefits
Injured Worker’s Rights to Voucher
Injured Worker’s Rights to Death Benefits
Discrimination Against Injured Worker
Workers’ Comp Settlement Options
Serious & Willful Claim
Catastrophic Injury attorney
Workplace Injuries
Repetitive Stress Injuries
Occupational Diseases
Construction Accidents
Slip and Falls at Work
Workplace Chemical Exposure
Hearing Loss Claims
Workers’ Compensation Appeals
Burn Injuries
Brain Injuries
Spinal Cord Injuries
Denied Workers’ Compensation Claims
Delayed Workers’ Compensation Claims
Disability Claims
Medical Benefits Claims
Liability Claims
Back and Neck Injuries
Fatal Workplace Accidents
Office-Related Injuries
Workers’ Compensation Benefits for Coronavirus
Harassment and Discrimination Attorney
Job discrimination attorney
Wrongful termination attorney
Pregnancy discrimination attorney
Age discrimination attorney
Disability discrimination attorney
Racial discrimination attorney
Religious discrimination attorney
Gender discrimination attorney
Sexual harassment attorney
Whistleblower attorney
Glass ceiling attorney
Lactation accommodation attorney
Non-Competition Clauses
Employment At-Will & Breach of Employment Contract
Implied & Oral Contracts
Unpaid Wages & Overtime
Unpaid Wages & Overtime Attorney
Overtime Exemption
Overtime Executive Exemption
Overtime Administrative Exemption
Overtime Professional Employee Exemption
Overtime Computer Professional Exemption
Overtime Outside Salesperson Exemption
Meal Breaks
Rest Breaks
Accrued vacationTips and Gratuity
Commission and internal salesperson
Unlawful deductions requirement
Holiday pay requirements
Independent contractor vs. employee
Minimum wage
Paydays and Pay Period
Reporting time requirements
Split shift requirements
Waiting time penalty
Alternative work schedule
Cash Pay Under the Table
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WHAT IS ALTERNATIVE WORKWEEK SCHEDULE
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. 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.
ALTERNATIVE WORKWEEK SCHEDULE IS APPLICABLE TO IDENTIFIABLE “WORK UNITS”
MAXIMUM NUMBER OF DAILY HOURS THAT MAY BE REGULARLY SCHEDULE AS PART OF AN ALTERNATIVE WORKWEEK:
The Division of Labor Standards Enforcement (DSLE) has taken the position that the maximum number of daily hours Wage & Overtime Attorney for Southern Californiaregularly scheduled in an alternative workweek is ten hours. 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. 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. 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. 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. 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. 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. Currently, workers can only vote for or against a menu of alternative schedules. 3) Employers must then give employees separate written disclosures explaining the anticipated effects that the schedules will have on wages, work hours, and benefits. Employers must also schedule meetings at which the anticipated effects can be discussed. 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. 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. Elections must be held during regular work hours, and at the employees’ regular work locations. 5) If more than two-thirds of the affected employees favor the alternative work schedule, employers must then report the results of the secret ballot elections (along with other specific information about the elections) to the Division of Labor Statistics and Research in San Francisco within 30 days after the results are final. Employers cannot force employees to work the new schedule immediately. The new schedule can be implemented within 30 days of the announcement of the final result of the vote. 6) Employers must make sure that their employees comply with the exact alternative schedules that were proposed and approved. The alternative workweek schedule cannot be changed, and deviating from an approved schedule may risk invalidating the entire alternative workweek altogether.
CAN THE ADOPTED ALTERNATIVE WORKWEEK SCHEDULE BE REPEALED?
RETALIATION AGAINST THE EMPLOYEE:
Although an employer is not permitted to intimidate or coerce employees regarding their vote, employees are permitted to state their opinions regarding the alternative workweek schedule. An employer may not retaliate or discriminate against the employees who express their opinion regarding the adoption or repeal of an alternative workweek schedule.