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California Alternative Workweek Schedule Management Meeting. Overview. Under California law, employees are normally due overtime for any hours worked over 8 in one work day.
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Overview • Under California law, employees are normally due overtime for any hours worked over 8 in one work day. • Employers may offer, and employees may adopt, by a secret-ballot election, a regularly scheduled alternative workweek that authorizes work for no longer than 10 hours per day within a 40-hour workweek, without the payment of overtime. • An “alternative workweek schedule” is defined as “any regularly scheduled workweek requiring an employee to work more than 8 hours in a 24-hour period.” “Regularly scheduled” means that the employer must schedule the actual work days in advance and give employees notice of the changes to their regular schedule. • There are several steps that employers must take before they may implement an AWS legally.
Objectives • Gain an Understanding of Alternative Work Schedules (AWS) in California • Benefits of AWS to the Organization, Employees, and Communities • Work Unit Goals • AWS Implementation Requirements • Schedule Options • Examples of Schedules • Recommended Schedule • Next Steps for Implementation
What is an Alternative Workweek Schedule in California? • Alternative workweek Schedules in California are schedules that have been through an employee approval process to work greater than 8 hours in a 24 hour period without receiving overtime. • The AWS in California requires compliance to the California Labor Code Section 511 & Wage Order 4-2001 • Maximum 10-hour shifts • Affected Employees Secrete Ballot Election • Two-thirds majority required • File with DLSE of California • 30-day waiting period
Alternative Work Schedules Meet Needs of Employers • Having more dedicated employees who are able to maximize their productive time and minimize the effects of outside responsibilities. • Meeting changing and expanding customer expectations and demands, particularly for service and global companies whose customers may be in other time zones or have nontraditional work schedules themselves. • Making better use of facilities and equipment by reducing idle time, energy usage • Reduces absenteeism • May help reduce overtime pay requirements • Retain skilled employees who may have other personal commitments
Alternative Work Schedules Meet Needs of Employees • Caring for young children when both parents are working. • Being able to see children off to school. • Caring for an aged parent. • Having non-weekend time to accomplish errands and other personal business. • Scheduling leisure time more easily. • More flexibility to manage work and personal time • Enjoy regular full-day / half-days off while preserving full-time salary • May provide a longer weekend for leisure time • Reduce travel costs • Improve work/life balance
Alternative Work Schedules Meet the Needs of Communities • Reducing traffic congestion with workers on flexible daily schedules, instead of all arriving and leaving work at or near the same time. • Reducing air pollution and energy demand when employees work a compressed workweek or telecommute
Disadvantages of Alternative Work Schedules Alternative work schedules can present the following challenges: • Maintaining ongoing and strong communications with employees on schedules that may vary from their supervisors’ and who may work off-site all or most of the time. • Managing employee relations issues, such as monitoring work and evaluating performance. • Handling resentment by employees who are not eligible for or do not participate in the alternative work schedule program.
Work Unit Goal • Optimize coverage – 24/7/365 • Minimize labor costs/overtime • Align employee satisfaction with business requirements and customer needs
AWS - Alternate Workweek Schedules • Labor Code Section 511 & Wage Order 4-2001 • Maximum 10-hour shifts • Employees affected need to vote • Two-thirds majority required • File with DLSE of California • 30-day waiting period
Menu Options • 4/10: Four 10 Hour Days Per Workweek • 3/10+2/5: Three 10 Hour Days + Two 5 Hour Days Per Workweek • 4/9+1/4: Four 9 Hour Days + One 4 Hour Day • 9/80: Four 9 Hour Days + One 8 Hour Day Every Other Week (Requires Workweek Split On 8 Hour Day)
Next Steps • Determine the Proposed Schedule. • Employee Pre-Vote Meeting • A minimum of 14 days prior to the secret ballot vote • Employee Secret Ballot Election Meeting. • Adopted in a secret ballot election by at least a two-thirds vote of the affected employees in the work unit. • Reporting and Filing Requirements to the DLSE • Implementation • 30 days after the announcement of the final results of the election. • Employees should sign a shift schedule agreement. • Accommodations may need to be made for employees who cannot work the approved AWS. (see Accommodations below) • New Employees • May make accommodations for employees who cannot work the AWS schedule, but they are not required to do so unless the reason for not being able to work is a legally protected right such as a disability or religious accommodation.
Questions Thank you for your attention and interest! 15
