EMPLOYEES SUBJECT TO A VALIDLY ADOPTED ALTERNATIVE WORKWEEK SCHEDULE

[RULE]: If the employee is subject to a valid alternative workweek schedule under any IWC Wage Order, the employee is entitled to overtime, however, the employee is not subject to the normal daily overtime rules, but rather, is subject to special daily overtime rules.

WHAT IS AN ALTERNATIVE WORKWEEK SCHEDULE

The traditional workweek is Monday through Friday, eight (8) hours per day. An alternative workweek schedule is a regularly scheduled workweek requiring the employee to work more than eight (8) hours in a workday without overtime compensation. Employees who are working under a valid alternative workweek schedule are not be entitled to the typical 8 hour overtime rule. They have their own overtime rules. 

An employer may adopt an alternative workweek schedule without following the regular daily overtime laws only if that schedule is not used as a ruse to deprive employees of wages.

In order for an employee to work an alternative workweek and be exempt from the normal 8-hour overtime rule, an employer must satisfy strict compliance with California law. An alternative workweek arrangement that has not been properly implemented or that does not comply with applicable law may be void and unlawful and the employer must pay the premium overtime for any hours after eight (8) hours in any workday. 

If employers hold elections that follow strict rules, an employer can institute an alternative work schedule such as The Nine-Eighty (9/80) Schedule; The Four-Ten (4/10) Schedule (10 hours per day for 4 days per week), and, The Three-Twelve (3/12) (12 hours per day for 3 days per week). 

HOW DOES THE EMPLOYER IMPLEMENT A VALID ALTERNATIVE WORKWEEK SCHEDULE?

[STEP 1]: The employer must propose an alternative workweek schedule and must disclose in writing to the affected employees the effects of the proposed alternative workweek schedule on their wages, hours, and benefits. The proposal must state the specified number of work days and work hours are regularly recurring, however, the actual days worked within that alternative workweek schedule need not be specified. This disclosure must also include notice of a meeting to be held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule.

[STEP 2]: At least 14 days before the secret ballot election, there must be a meeting for the specific purpose of discussing the effects of the alternative workweek schedule. The employer must mail the written disclosure to employees who do not attend the meeting.

[STEP 3]: There must be a secret ballot election where at least two-thirds of affected employees in a readily identifiable work unit agree to the alternative workweek schedule. 

• The employer can propose a single alternative workweek schedule or offer a menu of options for the employees to choose. 
• Affected employees in the work unit include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit is met.” 

[STEP 4]: The employer must report the results of the secret ballot election to the Division of Labor Standards Enforcement within 30 days after the results are final.The report must include the final tally of the vote, the size of the unit, and the nature of the business of the employer. 

WHAT ARE THE RULES IF THERE IS A VALID ALTERNATIVE WORWEEK SCHEDULE?

[RULE]:If the employee works on a day that is not part of the alternative workweek, the employee is entitled to overtime (one and one-half times the employee’s regular rate of pay) for the first eight (8) hours and double time for any work on the days that are not part under the alternative workweek. 

[RULE]:The employee is entitled to overtime (one and one-half times the employee’s regular rate of pay) for those hours over 10 and up to 12 hours a day or beyond 40 hours per week. 

[RULE]:The employee is entitled to double time (two times the employee’s regular rate of pay) for work in excess of 12 hours per day.

[RULE]: For all IWC Wage Orders except Order 16, if the employer requires an employee to work fewer hours than those that are regularly scheduled, the employer must pay the employee overtime at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.

[RULE]:For IWC Wage Order 16 only, an employee who works longer than eight hours but no more than 10 hours in a workday pursuant to an alternative workweek schedule, must be paid an overtime rate of not less than one and one-half times his or her regular rate of pay for any work in excess of the regularly scheduled hours established by the agreement.

[RULE]:Except under IWC Wage Order 16-2001, the alternative workweek agreement must provide for at least four (4) hours of work in any shift.

WHAT IS THE LABOR COMMISSIONER’S OPINION

CONTACT A LOS ANGELES UNPAID OVERTIME WAGES LAWYER

The Los Angeles Law Offices of Morris Nazarian provides representation to employees seeking the payment of overtime wages, minimum wages, missed meal and rest breaks, vacation wages, deductions from wages, severance pay, misclassification, independent contractor cases and other unpaid wages or commissions. We also handle harassment and discrimination claims.

If you believe you are subject to an invalid alternative workweek schedule, it is important that you speak to a skilled employment law attorney who understands these complex laws. Los Angeles wage and hour attorney Morris Nazarian has successfully represented employees who have been denied proper wages due to an improper alternative workweek schedule. Please contact Los Angeles Employment Attorney Morris Nazarian by calling (310) 284-7333 to make an appointment for a free initial consultation or please fill out the Employment Law Case Evaluation Form and Los Angeles Employment lawyer will call or email you as soon as possible.

If the violation is company-wide, you and your co-workers may be entitled to bring a class action lawsuit against the employer.