Alternative Work Weeks in California
Federal labor law requires that non-exempt (hourly) employees are paid 1.5 times their regular rate of pay if they work more than 40 hours in week. Whereas, California labor laws take that a step further and require overtime pay of 1.5 times the regular rate of pay if the employee works more than 8 hours in a day and40 hours in a week. Because of this, most employers try to avoid paying overtime by making sure that employees are not scheduled for more than 8 hours a day or 40 in a week, thus creating the traditional work week of 5 days, 8 hours each.
However, in some industries it makes more sense to have longer shifts. Because of this, employers will sometimes ask employees to work 4 days a week, 10 hours a day or 3 days a week, 12 hours a day. Under California law this could mean that a lot of overtime is owed. The employer might not want to pay that overtime, which could mean the employees may not be able to enjoy a shorter work week.
The State has offered a solution. The employer can apply for an alternative work week schedule. Whereby the employer no longer has to pay the daily overtime and the employees can keep their shorter work week. In order for this to occur the employees must vote on the schedule and the vote will only be approved if a 2/3 majority are for the new schedule. If the vote is passed, the employer must finish registration with the state.
Keep in mind that overtime is still owed if the employee works more than 40 hours in a week. Also double time is owed if the employee works more than 12 hours in day. Breaks are another concern; if an employee works more than 10 hours in day they are entitled to a second 30 minute lunch break. If they work 12 hours they will need a third 10 minute break as well.
If you are currently working more than 8 hours in a day and not being paid daily overtime, you can check to see if your employer has registered with the state by visiting The Department of Industrial Relations. If they have not registered you should consult a California labor law attorney to review your situation.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
If you have any questions about this article or our blog, feel free to call us at:
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