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Workplace Flexibility The 8 Hour Day

California Assembly Bill 60 Chapter 134 1999. 8 hours of labor constitute a day's work unless it is otherwise expressly stipulated by the parties to a contract.Hours worked in excess of 8 hours in one day, 40 hours in one workweek, and the first 8 hours worked on the 7th day of work in a given wor

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Workplace Flexibility The 8 Hour Day

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    1. Workplace Flexibility & The 8 Hour Day Jason Higbee

    2. California Assembly Bill 60 Chapter 134 1999 8 hours of labor constitute a day’s work unless it is otherwise expressly stipulated by the parties to a contract. Hours worked in excess of 8 hours in one day, 40 hours in one workweek, and the first 8 hours worked on the 7th day of work in a given workweek are to be compensated at the rate of no less than 1.5 times the regular rate of pay. Contracts stipulating alternative workweeks up to 10 hours per day within a 40 hour workweek without paid overtime must be approved by 2/3 majority of workers affected in a secret ballot.

    3. Federal Overtime FLSA (Fair Labor Standards Act) Introduced: 1938 Amended: 33x FSLA Overtime The FSLA requires overtime compensation for all “hours worked” over a prescribed “threshold” (typically 40 hours/week), for “nonexempt” employees.

    4. State Overtime 16 States do not have an overtime pay law. 2 States (KS & MN) have less demanding overtime pay laws than the Fed. 29 States have equivalent overtime pay laws to the Fed with numerous exemptions. 4 States (AK, CA, NV & PR) have more demanding overtime pay laws than the Fed. (8 hours / day)

    5. Employer Responsibility Employers are required to follow the more demanding of the two laws, including exemptions (if no state law exists Federal Law defaults) If found guilty of shorting overtime pay employers can & will be fined up to double the disputed amount, not including Federal & State legal fees or any additional hardship claims filed by the plaintiff.

    6. Business Implications Individual Issues Flextime Telecommuting Job-sharing Compressed Workweeks Employer Issues Reduced scheduling flexibility Potential decrease in productivity Increased HR overhead to track changing labor law State Issues Reduction in new business recruitment Shrinking tax base

    7. Pros & Cons Economics Debate Supply-Side Vs. Demand-Side Supply – Reduction Government Pays (shrinkage) Demand – Infusion Somebody Pays (?)

    8. Recommendations Read up on and understand economic theory Remember “Less is more” (Supply-Side) Vote accordingly whenever you can Support AB 244 (rescinding AB 60, 134, 99)

    9. Questions, Concerns, .…Yawns …Loud Angry Outbursts?

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