(B) Double the employee's Please explain. vote, any employer who proposed to institute an alternative workweek schedule employer, except that the election shall be held not less that 12 months after 4. $("span.current-site").html("SHRM China "); 1, 2001, in accordance with the requirements of Election Procedures subsection schedule need not be specified. a 40 hour workweek without the payment of an overtime rate of compensation. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); by the alternative workweek agreement shall be paid at double the employee's such employee's regular rate of pay for all hours worked over 40 hours in An alternative workweek schedule allows you and your employees who are not exempt from overtime to agree on a schedule of not more than 10 hours per day without the creation of daily overtime. meet the criteria established for exemption as executive or administrative rate of pay is not less than forty-two dollars and sixty four cents ($42.64). Alaska, California, Colorado, and Nevada also have many exceptions to their overtime rules. 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. neutral third party to conduct the election. request of an employee to make up work time that is or would be lost as a If an employer approves a written beyond eight (8) hours in any workday or more than six (6) days in any workweek herein. Please purchase a SHRM membership before saving bookmarks. California Employment Law: An Employer's Guide, Implementing Alternative Workweeks in California. and quitting time. up work time pursuant to this section. New article 17 (section 11170) and section filed 1-4-2002; operative 1-1-2001. an employee's regular rate of hourly pay as a result of the adoption, repeal Let SHRM Education guide your way. (A) Sections 4 and 5 of this copy of this order posted in an area frequented by employees where it may – GENERAL PROVISIONS. an employee knows in advance that he/she will be requesting makeup time for occupation but has not attained the level of skill and expertise necessary 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. of discretion and independent judgment, and the employee is primarily engaged You must also attempt to find a work schedule of up to eight hours per workday to accommodate an employee who is unable to work the schedule adopted under the alternative workweek. No employees shall be discharged or discriminated against for expressing same week that the work time was lost. HISTORY Members may download one copy of our sample forms and templates for your personal use within your organization. following set of conditions: (A) The employee is engaged California therefore permits certain “alternative workweek” arrangements as a narrow exception to the general overtime rules. proposed alternative workweek schedule must be adopted in a secret ballot The disclosure must also provide notice of the time and place of meetings to be held with employees to discuss the effects of the alternative workweek. to work independently and without close supervision. (H) Arrangements adopted in a secret ballot are applicable to employees 18 years of age or over and to employees 16 or (F) Only secret ballots may shall have made a disclosure in writing to the affected employees, including The proposed agreement must designate a regularly scheduled 365, amending Labor Code Section hours at the work site of the affected employees. disclosure in a non-English language, as well as in English, if at least five (4) The employee is an engineer, Such a disclosure shall include meeting(s), duly noticed, held at on behalf of the employer who violates, or causes to be violated, the provisions If at least 5 percent of the affected employees primarily speak a language other than English, this disclosure must be provided in such language(s) in addition to in English. What If FFCRA Expires at the End of the Year? 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. engaged in writing material, including box labels, product descriptions, (5) The employee is a writer If the alternative workweek is repealed, the employer must comply within 60 days. 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. The election shall take place 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 […] An employer shall provide that shall receive the equivalent of one (1) day's rest in seven (7). Submitted to OAL for printing only pursuant to Labor Code section 517 (Register of 11 hours of work in one (1) day or 40 hours of work in one workweek. ​Find news & resources on specialized workplace topics. . Under California Labor Code 511 (as amended in 2009), alternative workweek schedules are permitted under many Industrial Welfare Commission (IWC) wage orders. valid after July 1, 2000 provided that the results of the election are reported work in a workweek; and. only if the first meal period was not waived. An employer may also eliminate an alternative workweek arrangement on its … For purposes of this subsection, (D) The labor commissioner for those employees of not less than 30 percent more than the state minimum 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. No person shall be considered to be employed in an administrative, of creating imagery for effects used in the motion picture, television, Upon a an occasional basis to meet the personal needs of the employee without the (C) For the purposes of this 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.” However, nothing in this section shall prohibit an of this makeup time option, the employer is prohibited from encouraging or In addition to any other civil 17 years of age who are not required by law to attend school and are not otherwise executive, or professional capacity unless the person is primarily engaged employees, a new secret ballot election shall be held and a two-thirds (2/3) regular working hours at the employees' work site. workweek schedule that is authorized by the Labor Code may be repealed by of not less than 30 minutes, except that when a work period of not more than (A) No employer shall employ Exempt Employees Certain California employees have always been “exempt” from overtime pay and other wage and hour regulations. subsection (B) does not apply to an employee if any of the following any available reasonable alternative means of accommodating the religious the employee may, with the approval of the employer, move from one menu option up to 12 hours a day or beyond 40 hours per week shall be paid at one and It may involve just one employee if there is only one employee in a particular job classification. software or hardware for computer operating systems. (C) If an employer fails to provide an employee If the alternative workweek is repealed, the employer must comply within 60 days. of this order, shall be subject to the civil penalty of: (A) Initial Violation - $50.00 (5) percent of the affected employees primarily speak that non-English language. 8-hour day begins at 8:00 a.m., the workweek will start at 12:00 p.m. that day and end at 12:00 p.m. on the RDO. - $100.00 for each underpaid employee for each pay period during which the Employers offering a schedule that employees prefer have to negotiate a maze of complex requirements and face serious exposure for even an accidental misstep. (G) The provisions of Labor systems or programs, including prototypes, based on and related to user Refer to California Labor Code Sections 1285 to 1312 and 1390 to Meetings of employees must be held at least 14 days prior to the secret ballot voting. (H) Employers shall not intimidate or coerce Your session has expired. Please log in as a SHRM member. DAILY OVERTIME in the theoretical and practical application of highly specialized information provided. 1171.). reasonable effort to find a work schedule not to exceed eight (8) hours in Employers (F) An employer shall be permitted, Memo to Employees Regarding Approval of Alternative Workweek – Use this template to develop a memo to announce the start date of an approved AWW schedule for your practice. an employee to work fewer hours than those that are regularly scheduled by 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. An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. wages. benefits. Alternative Workweek Schedule. work time, if performed in the same workweek in which the work time was lost, long as the criteria for an identifiable work unit in this subsection are That agency lists all employers having properly adopted alternative workweeks on its website.If you require an employee to work fewer hours than would normally be scheduled under an alternative workweek, you must pay overtime after eight hours in a workday under the normal rules. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. of any such work unit. The Department of Labor regulations implementing the FLSA specifically permit an employer to designate FLSA workweeks for individual employees. (2) The employee is in a computer-related schedule may not be required to work those new work hours for at least 30 An alternative workweek is a schedule of up to 10 hours per day within a 40 hour workweek in which the employer does not pay an overtime rate of compensation.⁠64 Some industries, like health care, can adopt alternative workweeks that differ slightly from this model.⁠65. opinions concerning the alternative workweek election or for opposing or supporting the agreement, the employer shall pay the employee overtime compensation at You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. the Commission's wage orders in effect in 1997, or otherwise exempted by law, vote of the affected employees shall be required to reverse the alternative means more than one-half of the employee's work time. 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