What are alternative workweek schedules in California?
Alternative workweek schedules permit workplaces to adopt different schedules longer than eight hours without accruing overtime. Implementing Alternative Workweek Schedules in California Under California law, employees normally accrue daily overtime for hours worked over eight hours in a day.
What are the benefits of an alternative workweek?
The benefit to the employer is that overtime need not be paid for hours worked up to 10 in one workday in an alternative workweek (up to 12 hours in the health care industry). An employer may implement an alternative workweek by completing a series of steps required under California law.
How long does it take to implement alternative workweek?
The alternative workweek must be adopted by a vote of at least two-thirds of the affected nonexempt employees in the work unit. If a sufficient number of employees vote in favor of the alternative workweek, the new workweek schedule may be implemented after a waiting period of 30 days.
Do you have to pay overtime for an alternative workweek?
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.
When do you submit an alternate workweek schedule agreement?
Where is the AWS calendar filed?
What is AWS 4/40?
How many hours do you have to work to be eligible for AWS?
Is AWS limited by MOU?
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What are the rules for alternative workweek schedules in California?
Under existing California labor law, an alternative workweek is a week consisting of shifts of no longer than 10 hours per day within a 40-hour workweek, without payment of an overtime premium.
How do I adopt an alternative work schedule in California?
Adoption Procedures The organization must present a proposal, in the form of a written agreement, and designate a regularly scheduled alternative workweek. The proposal must specify the number of regular recurring workdays and work hours; the actual workdays do not need to be specified.
What is a 5 4 9 alternate work schedule?
There are several ways in which a compressed schedule can work. The two most common are: 5-4/9 in which you work 8 9-hour days and 1 8-hour day in the pay period and get an extra day off. 4-10 in which you work 4 10-hour days each week of the pay period and have an extra day of each week.
How does alternate work schedule work?
Because they are outside of regular business hours, alternative schedules usually leave your daytime hours on Monday-Friday open. This makes alternative schedules great for those needing to reserve their weekday hours for other activities, like caregiving, school, or another job.
Which is an example of an alternative work schedule?
Common types include part-time, flextime, compressed workweeks, telecommuting and job sharing. Part-time workers regularly work less than a full-time schedule. Part-time schedules may include working only a few days a week or working fewer hours five days a week.
Is California going to a 32 hour work week?
What is the 32-hour workweek bill in California? The idea for the bill came from California Assembly Members Evan Low and Cristina Garcia in February 2022. The bill titled Assembly Bill No. 2932 proposes that companies in California with over 500 employees cut the workweek to 32 hours.
What is a 4/10 alternative work schedule?
Under the 4/10 schedule, employees work for four days at 10 hours per day with no overtime pay, however, they will receive an additional day off from work. Under the 9/80 schedule, employees work for nine days in which 80 hours are compressed into those nine days.
What is a 5'8 schedule?
5-8 schedule means a work schedule of not more than five (5) consecutive eight (8) hour shifts of work followed by not less than forty-eight (48) hours off duty.
What is a 5 4 9 flexible work schedule?
5-4/9 CWS - a type of compressed work schedule in which an employee meets the 80-hour work requirement by working four 9-hour days and one 8-hour day during one workweek plus four 9-hour days and a day off during the alternate week, in addition to the established lunch period for the Office.
What is a 3/12 alternate work week?
3/12 Work Schedule However, because a 3/12 workweek only adds up to a total of 36 hours a week, employees will typically be required to complete an extra eight-hour day on alternating weeks to ensure that they complete a full 80-hour pay period every two weeks.
Can employer revoke alternative workweek schedule?
If an employer unilaterally repeals an alternative workweek schedule, it must give employees forty-five (45) days written notice. No alternative workweek election may be held for at least one year following repeal.
Can an alternative workweek be less than 40 hours?
California labor law and the wage orders by the Industrial Welfare Commission allow for alternative workweeks that require you to work up to 10 hours in a day. However, no AWS can require you to work more than 40 hours in a workweek. This provides flexibility to both: employers, and.
Can employer revoke alternative workweek schedule?
If an employer unilaterally repeals an alternative workweek schedule, it must give employees forty-five (45) days written notice. No alternative workweek election may be held for at least one year following repeal.
What is a 3/12 alternate work week?
3/12 Work Schedule However, because a 3/12 workweek only adds up to a total of 36 hours a week, employees will typically be required to complete an extra eight-hour day on alternating weeks to ensure that they complete a full 80-hour pay period every two weeks.
How do you implement a 4 10 schedule?
Variations of a 4/10 work schedule A flexible 4/10 schedule may allow employees to choose: Day off: Employees can choose to take the day off on Monday or Friday, or another weekday. Start and end time of workdays: Employees can choose to start at 10 and end at 8, or 7 to 5, or whatever time frame that works for them.
Is a 9 80 schedule legal in California?
According to law, California Labor Code section 510 sets the requirements for implementing a 9/80 work schedule. Before even considering 9/80 for your business, it must be approved in a secret ballot election by at least two-thirds of the employees in a certain work department.
Calendars for Alternate Work Week Schedules - California
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Alternate Work Week Schedule (check one) - California
Employee Name: Date: Classification: Position Number: Division: Effective Dates: Alternate Work Week Schedule (check one)
2021 Alternate Workweek Schedule - 9/8/80 - California
Prior to beginning an Alternate Workweek Schedule, a DGS OHR 64 must be completed and approved.
20 Examples of Alternative Work Schedules | Indeed.com
Having an alternative work schedule can provide flexibility from the standard workweek. Both employees and employers may require different types of work schedules, and the type of schedule a company offers can be a deciding factor when applying for a job.
Implementing Alternative Workweeks in California - SHRM
Alternative workweeks are popular in California. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week.
Alternative Workweek Schedules: What Are the Rules?
Alternative workweek schedules permit many employers to avoid paying daily overtime to employees who do not work more than 40 hours a week. Both employers and employees can benefit from such arrangements. For example, employers may reduce energy costs by having their businesses closed for additional days per week or may enjoy other benefits unique to their operations.
What are my rights under an alternative workweek schedule?
If employees vote to adopt an alternative workweek schedule, then their employer is responsible for keeping all documentation related to that decision-making process, which may include meeting notes or records of the election procedure. If an employee is hired after the election takes place, and they are unable to work the established alternative workweek schedule, their employer is permitted (but not required) to provide a work schedule that does not exceed 8 hours of work a day.
Who is exempt from the California labor code daily overtime provisions?
The “Eight-Hour-Day Restoration and Workplace Flexibility Act” of 1999, commonly known as “AB 60,” reinstated daily overtime provisions in California for most workers, and established new rules regarding alternative workweek schedules, among other things. Section 511 of the California Labor Code and some Industrial Welfare Commission (IWC) Wage Orders contain regulations about alternative workweek schedules and when an employee is entitled to overtime or double time pay.
What is an alternative workweek?
An “alternative workweek” is defined as “any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.”. Creating an alternative workweek schedule requires careful planning and excellent record keeping.
How many hours can you work in California without overtime?
Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures.
Can an employer terminate an alternate workweek schedule?
An employer may terminate an alternative workweek schedule unilaterally without holding a repeal election, but only after providing reasonable advance notice to employees.
Can you pay overtime in an alternative workweek?
Paying Overtime in an Alternative Workweek. You can require employees on an alternative workweek schedule to work overtime. Repealing the Alternative Workweek Schedule. Repealing the Alternative Workweek Schedule.
Does an alternative workweek schedule reduce overtime?
Although adopting an alternative workweek schedule can reduce overtime costs , it also greatly limits an employer’s scheduling flexibility and therefore is best suited for employers who typically have regular working hours that rarely need to change.
How many days do you have to work to get double time?
Such an arrangement must be pursuant to an agreement or understanding arrived at between the employer and employee. Double time is required after 12 in a workday (Labor Code § 510).
How many hours can an employer work without overtime?
No violation of the daily overtime provisions by an employer covered by Order 5 who institutes a validly adopted alternative workweek schedule that provides for workdays exceeding 10 hours but not more than 12 hours within a 40-hour workweek without the payment of overtime, provided that:
How many hours do you have to work to be considered a residential care worker?
Employees directly responsible for children under 18 receiving 24-hour residential care. Time and one-half for all hours in excess of 40 in a workweek. If employee works more than 16 hours in a workday, must be paid two times employee's regular rate of pay for all such excess hours.
How many hours can an employee work in an emergency?
In an emergency, employee may work over 40 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required. Time and one-half for all hours in excess of 40 in a workweek.
How many hours a week is overtime in agriculture?
New daily and weekly overtime thresholds will be phased-in until agricultural workers reach 8 hours per day and 40 hours per week by 2022 (for employers of more than 25 employees) or by 2025 (for employers of 25 or fewer employees).
How many hours is overtime required?
Overtime required after 40 hours or more than six days in a workweek. In an emergency, employee may work over 40 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required. Order 5.
How many hours can you work in excess of the regular hours?
One and one-half times the employee's regular rate of pay for any work in excess of the regularly scheduled hours in any workday beyond the schedule established by the agreement or those hours over 10 and up to 12 hours a day or beyond 40 hours per week.
How long does it take to get a new workweek in California?
If a sufficient number of employees vote in favor of the alternative workweek, the new workweek schedule may be implemented after a waiting period of 30 days. 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.
How to repeal an alternative workweek?
Upon a petition signed by at least one-third of the affected employees, a new secret ballot election must be held, and a two-thirds vote of affected employees is required to repeal the alternative workweek schedule. 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. If the alternative workweek is repealed, the employer must comply within 60 days. An employer may also eliminate an alternative workweek arrangement on its own initiative simply by providing reasonable prior notice to employees.
How many hours can you work in a health care workweek?
In the health care industry, employees may work a "3-12" schedule consisting of three 12-hour days. The benefit to the employer is that overtime need not be paid for hours worked up to 10 in one workday in an alternative workweek (up to 12 hours in the health care industry). An employer may implement an alternative workweek by completing ...
What is the work week in California?
Image Caption. Alternative workweeks are popular in California. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. Another version is the "9-80" in which employees work four nine-hour days and one eight-hour day (typically Friday) and have every other Friday off.
Is there an alternative workweek?
The alternative workweek is not available under Wage Orders 14 and 15. Generally, the first step is to determine the work unit where the alternative workweek will apply. This can be an entire facility or a department, shift, or job classification.
Can an exempt employee work an alternate workweek?
Exempt employees are not included in the election process, although they may also work an alternative workweek if the nonexempt employees in their facility, department, or office select one. Next, you must present a written proposal or agreement to the affected employees that describes a regularly scheduled alternative workweek.
When do you submit an alternate workweek schedule agreement?
Employee must submit an Alternate Workweek Schedule Agreement (DGS OHR 64) to his/her supervisor with a copy of the appropriate calendar attached (see calendars below) thirty days prior to the requested effective date, which is the beginning of the next pay period following the 30-day notice.
Where is the AWS calendar filed?
The office’s Attendance Clerk will submit a copy of the AWS request and calendar to the Personnel Transactions Unit (PTU) to be filed in the employee’s Official Personnel Folder (OPF).
What is AWS 4/40?
It is the policy of the Department of General Services (DGS) to permit alternate workweek schedule (AWS) for full time employees when it is in the best interest to the State. When operational needs are not compromised, the 4/40 or 9/80 AWS may be considered. Participation in AWS is voluntary and subject to the Office/Branch Chief’s approval.
How many hours do you have to work to be eligible for AWS?
To participate and remain in the AWS program, the employee must have and maintain a cumulative balance of at least twenty (20) hours between vacation/annual leave, compensating time off (CTO), and excess hours (EH). These hours will be used to supplement an employee’s time when the employee works less than the required number of hours for the pay period. Only employees having achieved a satisfactory or higher rating on the latest Performance Appraisal/Individual Development Plan (IDP) or probationary report may participate.
Is AWS limited by MOU?
Participation in the AWS program is not limited by classification or employee Memorandum of Understanding (MOU). However, individual divisions may modify the participation portion of the policy based on their operational needs.
