Huntington Beach, Garden Grove, Oceanside, Costa Mesa, San Diego, Chula Vista, El Cajon, Pomona, El Monte Downey, Also remember that you must account for a lunch. This is not to be taken as legal or HR advice. 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. 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. The following alternative work schedules provide a range of options that satisfy the needs of both companies and employees: 1. 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 election shall take place during regular working hours at the employees' work … There are times when proposing a new Alternative Work Schedule (AWS) would benefit your practice, and perhaps even your employees. 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. Alternate Work Week. Under California Labor Code 511 (as amended in 2009), alternative workweek schedules are permitted under many Industrial Welfare Commission (IWC) wage orders. The 4/10 work schedule is when an employer specifies that the employee must work 10 hours per day for four days out of the week. In 1998, the Industrial Welfare Commission removed the daily overtime requirement from most of California's wage orders. CA Paid Sick Leave Update: Labor Commissioner Issues More FAQs. 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”. Aggressive. Currently, workers can only vote for or against a menu of alternative schedules. Two common AWSs are the so-called “4/10” or “9/80” schedules. Experienced. employment updates, Four Steps to Alternate Work Schedules in California. You first must determine the work unit, or group of employees who will be affected by the change. 518 S Brookhurst St Suite #4 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. 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). They work the same number of hours but they get an additional day off and less time commuting. 41593 Winchester Rd Suite 200 However, before we get there let’s talk about what an AWS is. Chino Hills CA 91709, Oficina de Anaheim The Division of Labor Standards Enforcement (DSLE) has taken the position that the maximum number of daily hours regularly scheduled in an alternative workweek is ten hours. Additionally, employees must be given advance notice of this meeting. If the AWS is changed for a week, there must be proper notice between employer and employee, as well as a signed agreement. An AWS does require employees to waive their right to receive overtime pay. It is imperative that you follow the above four steps to ensure the AWS is properly adopted within your practice to avoid any possible penalties or violations. Create a work schedule (up to eight hours per workday) to accommodate employees who are unable to work the alternative schedule. Core hours: Hours identified by a department as core operational hours, whereby all employees are expected to be at work. Chino Hills CA 91709, Anahiem Office Elections must be held during regular work hours, and at the employees’ regular work locations. ¿QUÉ HACER EN CASO DE UN ACCIDENTE DE TRABAJO? California law authorizes an alternative work week schedule (AWS) of workdays exceeding eight hours without overtime pay if certain criteria are met. 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. 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. Alternative workweeks apply only to nonexempt employees because properly classified exempt employees do not earn overtime. By Kristina M Launey. California recognizes three types of regular work schedules. 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! They prefer, for example, working four 10-hour days to working five eight-hour days. Posted in 2015 Cal-Peculiarities, 2015 Legislative Updates, California Leaves, Sick Leave Series. Welcome to the alternative workweek elections database. 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