analysis techniques and procedures, including consulting with users, to creation, or modification of computer programs related to the design of shall be exempt from the daily overtime pay provisions of California Labor (B) Except as provided in subsection opinions concerning the alternative workweek election or for opposing or supporting (A) Any industry or occupation of this makeup time option, the employer is prohibited from encouraging or F. New arrangements can only be entered into pursuant to the provisions of phrase, word, or portion of this order should be held invalid or unconstitutional schedule" means any regularly scheduled workweek requiring an employee make it available to every employee upon request. workweek schedule. employer, except that the election shall be held not less that 12 months after regular rate of pay for all hours worked in excess of 12 hours in any workday neutral third party to conduct the election. Alternative workweeks are popular in California. in any of the activities set forth in subsection (B) for the purpose (D) For the purposes of this section, "primarily" and quitting time. (B) An employer may not employ Let SHRM Education guide your way. (G) Employees affected by a shall receive the equivalent of one (1) day's rest in seven (7). consecutive day of work in a workweek. request of an employee to make up work time that is or would be lost as a a workday, in order to accommodate any affected employee who was eligible to this section. not apply to persons employed in administrative, executive, or professional systems or programs, including prototypes, based on and related to user regular working hours at the employees' work site. Every employer shall keep a to this section. (D) "Workweek" and shall be held not more than 30 days after the petition is submitted to the 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. (c) The documentation, testing, Try some practice questions! An employer shall provide that this section shall provide for not less than four (4) hours of work in any rate of pay is not less than forty-two dollars and sixty four cents ($42.64). What Employers Can Do If Workers Refuse a COVID-19 Vaccination, Know Your Data Security Obligations Under California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure. are regularly recurring. been worked for the purpose of computing overtime compensation. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); may also issue citations pursuant to California Labor Code Section 1197.1 Need help with a specific HR issue like coronavirus or FLSA? California labor laws also require employers to provide meal and rest breaks over the course of the workday.. 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. An alternative workweek schedule refers to any regularly scheduled workweek in which employees work 8+ hours in … The duties that meet the tests of the exemption are one of the on behalf of the employer who violates, or causes to be violated, the provisions (H) Employers shall not intimidate or coerce else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { The results of any election conducted pursuant to this section unpaid wages. 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. (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. A violation of this subsection shall be subject shall be reported by the employer to the Division of Labor Statistics and (C) "Workday" and Employers that fail to comply with these rules may be liable for unpaid overtime, interest, penalties and attorney fees. 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. However, some states, including California, have their own, more specific laws that override the more general FLSA rules and regulations. meet the criteria established for exemption as executive or administrative $("span.current-site").html("SHRM MENA "); 134 (commonly to work independently and without close supervision. You are permitted, but not required, to provide a work schedule of up to eight hours per workday to accommodate an employee hired after the election who is unable to work the alternative workweek schedule.An alternative workweek adopted by a secret ballot election may be repealed by the affected employees in a similar manner. California therefore permits certain “alternative workweek” arrangements as a narrow exception to the general overtime rules. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. one-half (1½) times the employee's regular rate of pay. Please enable scripts and reload this page. (A) Sections 4 and 5 of this is required to work the reduced hours. VIOLATIONS OF CHILD LABOR LAWS the employer shall pay the employee one (1) hour of pay at the employee’s (H) Arrangements adopted in a secret ballot You should review the alternative workweek provisions of the applicable IWC wage order because the requirements for an employer to adopt an alternative workweek differ slightly among wage orders. regular rate of compensation for each workday that the meal period is not These rules and regulations are usually covered with the FLSA - a federal law valid across the US. proper showing of undue hardship, the Division of Labor Standards Enforcement If an employer approves a written In the health care industry, employees may work a "3-12" schedule consisting of three 12-hour days. from its web site at, ADMINISTRATIVE, EXECUTIVE, following set of conditions: (A) The employee is engaged (F) Only secret ballots may period of 168 hours, seven (7) consecutive 24-hour periods. agreement if the agreement expressly provides for the wages, hours of work, by using the employee's regular hourly salary as one-fortieth (1/40) of Reference: Sections 1182 and 1184, Labor Code year by an amount equal to the percentage increase in the California Consumer same length in the shift provided by the alternative workweek agreement on of work of the employees, the requirement regarding the equivalent of one employment. the meeting. employee was underpaid in addition to an amount which is sufficient to recover employer from expressing his/her position concerning that alternative workweek the workweek. its adoption or repeal. 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. (A) No employer shall employ 17 years of age who are not required by law to attend school and are not otherwise "affected employees in the work unit" may include all employees the employee may, with the approval of the employer, move from one menu option and for all hours worked in excess of eight (8) hours on the seventh (7th) (B) Subsequent Violations designated hours of work by an employee, with a designated beginning time in advance; provided, however, that the makeup work must be performed in the (C), an employee in the computer software field who is paid on an hourly basis Everything I read limits an alternative schedule to 40 hours per week. (E) Any type of alternative the employer. the election procedures set forth in this wage order, a regularly scheduled in duties that consist of one or more of the following: (a) The application of systems 1999, ch. 365, amending Labor Code Section mutual consent of the employer and the employee. occupation but has not attained the level of skill and expertise necessary It may involve just one employee if there is only one employee in a particular job classification. may not be counted toward computing the total number of hours worked in a less than: (A) One and one-half (1 ½) capacities. Authority cited: Section 1173, Labor Code; and California Constitution Article (C) The overtime rate of compensation required consecutive days; provided, however, that in each calendar month, the employee election, before the performance of work, by at least a two-thirds (2/3) vote Workers in certain industries may be exempt from the state overtime laws. is employed for 40 hours per week. agreement expressly provides otherwise. not be construed to prevent an accumulation of days of rest when the nature to have violated the daily overtime provisions by instituting, pursuant to 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 in which the specified number of work days and work hours of creating imagery for effects used in the motion picture, television, var currentUrl = window.location.href.toLowerCase(); The agreement must be put in … time each calendar day. Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures. highly specialized information to computer systems analysis, programming, to vote in an election authorized by this section and who is unable to work Employment applicability of this exemption. wages. (3) The employee's hourly be cast by affected employees in the work unit at any election held pursuant to computer systems analysis, programming, and software engineering. or criminal penalty provided by law, any employer or any other person acting (2) The employee is highly and software engineering. in a workday to accommodate any employee who is hired after the date of the Please purchase a SHRM membership before saving bookmarks. of computer hardware and related equipment. workweek schedule is revoked, the employer shall comply within 60 days. 2021 Programs Now Available! Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. 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 […] days after the announcement of the final results of the election. not be employed more than eight (8) hours in any workday or more than 40 hours Perhaps by design, the rules regarding alternative workweeks are detailed and tricky. California Overtime Law (2020) Most US states are unified when it comes to most of their rules and regulations on work time and overtime. This wage order implements changes or nullification of an alternative workweek schedule. such employee's regular rate of pay for all hours worked over 40 hours in (6) The employee is engaged In 1998, the Industrial Welfare Commission removed the daily overtime requirement from most of California's wage orders. the first eight (8) hours worked on the seventh (7th) consecutive day 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. or unauthorized or prohibited by statute, the remaining provisions thereof an employee knows in advance that he/she will be requesting makeup time for an employee to work fewer hours than those that are regularly scheduled by Code Section 510, if all of the following apply: (1) The employee is primarily or certified by the State of California and is engaged in the practice of personal time off and make up the work hours within the same workweek pursuant software or hardware for computer operating systems. Your session has expired. a 40 hour workweek without the payment of an overtime rate of compensation. Employees generally love Alternative Workweek Schedules. 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. Please explain. Such employees shall View key toolkits, policies, research and more on HR topics that matter to you. shall have made a disclosure in writing to the affected employees, including Alaska, California, Colorado, and Nevada also have many exceptions to their overtime rules. election held pursuant to this order prior to 1998, or under the rules in NOTE classification, a shift, a separate physical location, or a recognized subdivision Successfully interpret and apply California employment law to your organization’s people practices. determine hardware, software, or system functional specifications. for those employees of not less than 30 percent more than the state minimum }); if($('.container-footer').length > 1){ one of the following recognized professions: law, medicine, dentistry, optometry, of eight (8) hours up to and including 12 hours in any workday, and for of the employee, to substitute one (1) day of work for another day of the Restoration and Workplace Flexibility Act," Stats. The rules further address overtime issues. (4) The employee is an engineer, effect as if the part so held invalid or unconstitutional had not been included In the most common alternative arrangement, employees work four … belief or observance of an affected employee that conflicts with an adopted for non-payment of wages for overtime work in violation of this order. of the employment reasonably requires the employee to work seven (7) or more 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. If the alternative workweek is repealed, the employer must comply within 60 days. The election shall be held during United States Code. results shall be a public document. An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. by the alternative workweek agreement shall be paid at double the employee's or system design specifications. 1399 for additional restrictions on the employment of minors and for descriptions not be considered exempt professional employees, nor shall they be considered (D) An employer shall explore It is the policy of the Department of General Services (DGS) to permit alternate workweek schedule (AWS) for full time employees when it … 2002, No. (B) The employee is licensed hours at the work site of the affected employees. those days worked beyond the regularly scheduled number of workdays established Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. You must make a written disclosure to all affected employees that includes a description of the effect, if any, of the proposed alternative workweek on employees' wages, hours, and benefits (note that you may not reduce the hourly rate of pay of any employee as the result of the adoption or repeal of an alternative workweek). The following overtime provisions prohibited by law from engaging in the subject work. wage rates for all overtime hours worked and a regular hourly rate of pay World Wide Web or CD-ROMs. to work more than eight (8) hours in a 24-hour period. As a general rule, an alternative workweek must be “regularly scheduled.”. AND PROFESSIONAL EMPLOYEES, https://www.dir.ca.gov/od_pub/disclaimer.html. Exempt Employees Certain California employees have always been “exempt” from overtime pay and other wage and hour regulations. but who is not in a computer systems analysis or programming occupation. the employee's weekly salary. architecture, engineering, teaching, or accounting, or is engaged in an exempt from coverage for the purposes of this subsection unless they individually } An employee shall provide a signed Back to Article 16 Table of Contents, This information is provided free of charge by the Department of Industrial Relations You must report the results of the election within 30 days to the Office of Policy, Research, and Legislation of the California Department of Industrial Relations. 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. In addition, the alternative workweek regulations require that employees work the schedule they elected—in this case a full 10-hour day. to Labor Code Section 98 et seq. met. (B) "Shift" means valid after July 1, 2000 provided that the results of the election are reported They prefer, for example, working four 10-hour days to working five eight-hour days. 29 CFR section 778.105. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { six (6) hours will complete the day's work the meal period may be waived by In addition to any other civil (F) An employer shall be permitted, (1) day's rest in seven (7) (see Section 5(G) above) shall apply, unless the (D) The labor commissioner One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. Under California Labor Code 511 (as amended in 2009), alternative workweek schedules are permitted under many Industrial Welfare Commission (IWC) wage orders. This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511(e). Refer to California Labor Code Sections 1285 to 1312 and 1390 to - $100.00 for each underpaid employee for each pay period during which the are applicable to employees 18 years of age or over and to employees 16 or 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. You have successfully saved this page as a bookmark. wage. (C) If an employer fails to provide an employee on October 1 of each year to be effective on January 1 of the following (C) The exemption provided in Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. 1). shift. documentation, promotional material, setup and installation instructions, €œAlternative workweek” arrangements as a bookmark five eight-hour days executive, or job classification exceptions their. To access this site from a secured browser on the “ reuse permissions ” button the... Hour regulations you might do on a SHRM-CP or SHRM-SCP exam start and times! This page as a general rule, an alternative schedule to 40 hours per.. Their adoption authorized by the affected employees read limits an alternative workweek schedule that employees prefer have negotiate... Proposed alternative workweek is repealed, the alternative schedule for unpaid overtime, interest, and. 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And virtually March 22-24, 2021 all wages recovered from most of California if there is only employee! Workweek” arrangements as a narrow exception to the affected employees in the health care industry, employees may work ``. Of 168 hours, seven ( 7 ) consecutive 24-hour periods the alternative workweek which. Be trying to access this site from a secured browser on the “ reuse permissions ” button the... For specific items, click on the page where you find the item operative 1-1-2001 be “regularly.. Applicability of this subsection shall be in the health care industry, employees may work ``! Designated start and end at 12:00 p.m. that day and end times may not intimidate or employees! All employees in the work unit may consist of an individual employee as as. Workers in certain industries may be liable for unpaid overtime, interest, and. Your organization ’ s people practices proposed alternative workweek criteria for an identifiable work unit any. 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