California labor laws allow an employer to avoid paying overtime to nonexempt employees who work ten hour shifts four days per week. It is called Alternative Workweek Scheduling. However, to have a valid alternative workweek schedule, the employer must comply with VERY strict requirements or face getting sued for failure to pay overtime.
Before an alternative workweek schedule (AWS) may take place, the employer must have a meeting with the affected employees. The topic of the meeting must be the alternative workweek proposal and provide information about the days/hours to be worked and when the AWS will take place.
There must be a written proposal/agreement provided to the affected employees.
There must be a secret ballot election amongst the affected employees and 2/3 must vote in favor of the AWS.
The results of the voting must be provided to the Labor Commissioner’s Office/DLSE within 30 days of the vote.
The employees may repeal the AWS if 1/3 of the affected employees petition to repeal it and follow the rules for repealing it.
If there is an AWS in place and the affected nonexempt employees work over 10 hours in a workday, they must be paid overtime of time and one-half up to 12 hours per workday. If they work over 12 hours in a workday, they must be paid double time.
If you are an employer and have or want to have an AWS, call Law Office of Kristine S. Karila to consult to make sure EACH required step is completed and completed correctly. Failure to abide by one required element can give rise to a costly lawsuit for unpaid overtime. If you are an employee who works an AWS and have not been paid overtime and believe the AWS was not properly enforced, call Ms. Karila to discuss.
(949) 481-6909
Copyright 2015 Law Office of Kristine S. Karila/Labor and Employment Attorney.
Before an alternative workweek schedule (AWS) may take place, the employer must have a meeting with the affected employees. The topic of the meeting must be the alternative workweek proposal and provide information about the days/hours to be worked and when the AWS will take place.
There must be a written proposal/agreement provided to the affected employees.
There must be a secret ballot election amongst the affected employees and 2/3 must vote in favor of the AWS.
The results of the voting must be provided to the Labor Commissioner’s Office/DLSE within 30 days of the vote.
The employees may repeal the AWS if 1/3 of the affected employees petition to repeal it and follow the rules for repealing it.
If there is an AWS in place and the affected nonexempt employees work over 10 hours in a workday, they must be paid overtime of time and one-half up to 12 hours per workday. If they work over 12 hours in a workday, they must be paid double time.
If you are an employer and have or want to have an AWS, call Law Office of Kristine S. Karila to consult to make sure EACH required step is completed and completed correctly. Failure to abide by one required element can give rise to a costly lawsuit for unpaid overtime. If you are an employee who works an AWS and have not been paid overtime and believe the AWS was not properly enforced, call Ms. Karila to discuss.
(949) 481-6909
Copyright 2015 Law Office of Kristine S. Karila/Labor and Employment Attorney.
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