![]() ![]() Who is exempt from the California labor code daily overtime provisions? (B) More than 8 hours on days that are not part of the regularly scheduled number of workdays established by the alternative workweek agreementĪlternative workweek schedules should never be used as an excuse by an employer not to pay their workers overtime or double time pay. (B) Beyond 40 hours in a workweek Employees are entitled to double-time pay (2x normal rate of pay) if they work: (A) Any hours beyond the established alternative workweek schedule (up to 12 hours a day) or Employees are entitled to overtime pay (time-and-a-half, or 1.5x normal rate of pay) if they work: For most workers, an agreed-upon alternative workweek schedule allows an employee to work up to 10 hours per day without overtime pay. Under an alternative workweek schedule, overtime rules also apply, but depending on the workweek schedules that an employer establishes, there may be slightly different requirements for when employees are entitled to” overtime” or “double-time” pay. Normally, California employees are entitled to overtime pay when they are asked to work more than 8 hours in a day, more than 40 hours per week, or more than 6 days in a workweek. In California, overtime laws protect employees from having to work too many hours in a day, or too many days in a week, without fair compensation. If an employer adopts an alternative workweek schedule, all the same minimum wage, meal and rest breaks, and other labor code regulations apply. Overtime and double time pay requirements under an alternative workweek schedule Melvin is an agricultural worker who frequently works four 11-hour days during certain seasons. She often works 6-hour shifts for 6 days a week so she can clean on the weekends when kids are gone, and then gets an extra day off on the second workweek. He works 10-hour days for four days, and then gets the 5th day off.Īmalya is a janitor at an elementary school. Joshua is a factory worker who works a “4/10” schedule. Then she works four 9-hour days before getting a day off. She works four 9-hour days, and then an 8-hour day split into two 4-hour periods. Noor is a delivery nurse who works a “9/80” schedule. Some employers may choose to adopt different arrangements which is completely okay as long as the employer continues to properly compensate their employees and comply with all state and federal wage and hour laws. Some examples of common alternative workweek schedules include “4/10s,” (10-hour shifts for 4 days a week), and ” 9/80s” (80 hours in 9 days, over a period of two workweeks). In certain industries including construction, drilling, logging, and mining, a new vote needs to be held if the number of employees who are employed for at least 30 days in the work unit that adopted the alternative workweek schedule increases by 50%.Įxamples of alternative workweek schedule arrangements For an alternative workweek schedule to be adopted, 2/3 of all affected employees must vote “yes,” on their ballots. An employer can either propose a single work schedule that would become the standard schedule for workers in the unit, or they can propose several work schedules options, and then each employee in the unit can choose which one works for them. The employer must also hold a meeting at least 14 days before the vote, so that all affected employees can discuss the proposed changes. “Affected” employees refers to workers in the unit-such as a division, department, shift, or job classification-who will be working under the new schedule if it’s adopted.īefore the secret election, the employer must send a written disclosure to all affected employees about how the proposed alternative workweek schedule will impact their wages, hours, and benefits. Next, the employer must present their proposal to “affected” employees so that a secret ballot election can be held during work hours. Any proposed schedule should be made up of shifts that are at least 4 hours long. If an employer decides they would like to adopt an alternative workweek schedule, they first need to draft a written proposal that specifies the number of workdays and work hours that the regularly recurring schedule will have. How do I know if an alternative workweek schedule was formally adopted? ![]()
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