You must also attempt to find a work schedule of up to eight hours per workday to accommodate an employee who is unable to work the schedule adopted under the alternative workweek. The required shifts and shift lengths are shown in the Shifts column. If the alternative workweek is repealed, the employer must comply within 60 days. Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. These overlap days are intended to be used for training, catching up on report writing and other administrative functions. Such an election may not be held sooner than 12 months after the same group of employees voted in an election to adopt or repeal an alternative workweek. Successfully interpret and apply California employment law to your organizationâs people practices. This means that employees and employers can come to an agreement to create an alternative workweek. What If FFCRA Expires at the End of the Year? Alternative Work-Week Schedule. This type of schedule allows the employee to gain a full 80-hour pay period without working the standard 40-hour work week. Wage Orders 1, 2, 3, 6, 7, 8, 11, 12, and 13 require that employees be provided two consecutive days off in an alternative workweek. Any exceptions or criterion that need to be met? The employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. Shift names, start times, and end times are shown as examples only. As a cashier in a busy retail store in California, Jane wants to be fully aware of when she is entitled to overtime pay. Remote work options can still require employees to follow the old eight to five grind, but may not actually be better. Snap Schedule employee scheduling software. Online scheduling that will save you hours and get the right people scheduled for the right shift, at the right time. Should any affected employee complain about the manner in which the investigation was conducted, the Labor Commissioner, after an investigation, may order the employer to select a neutral third party to conduct the election.The alternative workweek must be adopted by a vote of at least two-thirds of the affected nonexempt employees in the work unit. The teams required by the plan are shown in the first column. 50% staffing level on Monday and Friday. Are 4/10s legal in California without paying OT?? You have successfully saved this page as a bookmark. Week #1 M9 + T9 + W9 +Th9 + F4 ⦠In late 1988, the Tucson Police Department began studying the feasibility of four, ten-hour workdays per week (4-10 schedule) as an alternative to the traditional five, eight-hour workdays (5-8 schedule). Log in or Sign up log in sign up. They work the same number of hours but they get an additional day off and less time commuting. }
This shift pattern supports the standard 4/10 compressed work schedule. If a sufficient number of employees vote in favor of the alternative workweek, the new workweek schedule may be implemented after a waiting period of 30 days. My employer stated that they do not have to hold a vote under Labor Code 511 because they have always had a 4/10 schedule. No installation. Please log in as a SHRM member before saving bookmarks. Employees who work more than six hours in a day must take an unpaid 30 minute meal break. Members can get help with HR questions via phone, chat or email. 2 comments. The disclosure must also provide notice of the time and place of meetings to be held with employees to discuss the effects of the alternative workweek. During the 4/10 Summer Work Schedule it is expected that all campus offices will be open for business with operations Monday through Thursday, 7:00 a.m. to 6:00 p.m., to serve students and the public. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
You may be trying to access this site from a secured browser on the server. A work schedule generally refers to the days per week and the hours per day that an employee works. Common window schedule. Depending on the organization and the position, an employeeâs work schedule may be a traditional, 40-hour-per-week, Monday-through-Friday schedule, or ⦠You should review the alternative workweek provisions of the applicable IWC wage order because the requirements for an employer to adopt an alternative workweek differ slightly among wage orders. 100% Upvoted. Sort by. Although adopting an alternative workweek schedule can reduce overtime costs, it also greatly limits an employerâs scheduling flexibility and therefore is best suited for employers who typically have regular working hours that rarely need to change. In the health care industry, employees may work a "3-12" schedule consisting of three 12-hour days. The employee must take the break before the fifth hour he works. ALTERNATIVE WORK SCHEDULE AGREEMENT . A 4/10 schedule only address the California law that requires employees to be paid overtime for all time worked beyond 8 hours in one day. When I asked about this ⦠Can anyone share how they track a different work schedule in standard Lawson, and/or additional software used to track and calculate this? Jul. $(document).ready(function () {
California Labor Code Section 511 and some Industrial Welfare Commission (IWC) Wage Orders provide for alternative workweek schedules. Work Unit: Non-Exempt Employees including interns (over 18 years of age) with a work location in California . Two teams are required, with each team working 10 hours a day for 4 straight days. Under a 4/10 schedule, employees work 10 hours a day for four days and receive no daily overtime, but receive an additional day off. When emergencies arise and an employee needs to take a few days off, it can be a challenge finding a replacement to ensure adequate shift coverage while taking into consideration time-off constraints, union, labor and overtime rules, employee availability, skills, preferences, etc. California Hours of Work: What you need to know. save hide report. California Work Day and Work Week Laws. They can be changed to match the requirements of your operation. If at least 5 percent of the affected employees primarily speak a language other than English, this disclosure must be provided in such language(s) in addition to in English. For example, the employee may work eight nine-hour days and one eight-hour day in a two week period. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. Two common AWSs are the so-called â4/10â or â9/80â schedules. The written disclosure must be mailed to employees who do not attend the meetings. Weekends are off. But before California employers can implement an Alternative Workweek Schedule (or AWS), they need to jump through all sorts of hoops, including having secret ballot elections where two thirds of the affected employees approve the arrangement. Shortly thereafter, the Headquarters Desk Unit, manning the front desk and handling report call-backs, was placed on 4-10 schedules. You must file the appropriate information with the Department of Industrial Relations, and maintain the appropriate records to document your compliance with alternative workweek requirements. The benefit to the employer is that overtime need not be paid for hours worked up to 10 in one workday in an alternative workweek (up to 12 hours in the health care industry). You must report the results of the election within 30 days to the Office of Policy, Research, and Legislation of the California Department of Industrial Relations. The work week begins at noon on Friday and runs until noon the next Friday = 40 hours. Companies and government agencies offering employees the 4/10 work schedule as an alternative to the basic 9 to 5 schedule. Exempt employees are not included in the election process, although they may also work an alternative workweek if the nonexempt employees in their facility, department, or office select one.Next, you must present a written proposal or agreement to the affected employees that describes a regularly scheduled alternative workweek. © Copyright 2011- 2020 Business Management Systems, Inc. All Rights Reserved. Let SHRM Education guide your way. Please purchase a SHRM membership before saving bookmarks. California requires that nonexempt employees take both paid breaks and an unpaid meal period break. The non-standard work schedule will remain in effect until the employee or their supervisor document in writing to revert to a standard work schedule or apply an alternative non-standard work schedule. Is this right? The employeeâs work schedule becomes one day 8 hours, preferably the selected weekday of the non-flex week (sample = Friday), and eight days @ 9 hours each day.Ex. GET YOUR FREE TRIAL NOW! }); if($('.container-footer').length > 1){
Thus, if a worker works a 4-day, 10-hour work week in California, he is not entitled to overtime. Companies and government agencies offering employees the 4/10 work schedule as an alternative to the basic 9 to 5 schedule. 1 Rev. Layoff Information for Employees; Layoff Manual; Model Workplace Violence and Bullying Prevention; Policy Memos; Political Activities; Rule 250 Frequently Asked Questions; Rules and Regulations. The alternative workweek is not available under Wage Orders 14 and 15.Generally, the first step is to determine the work unit where the alternative workweek will apply. Rotating Shift Work Schedule: Rotating work schedules cycle employees throu⦠This shift pattern supports the standard 4/10 compressed work schedule. An alternative workweek schedule means any regularly scheduled workweek requiring an employee to work more than ⦠They are also used as an opportunity for officers to take additional time off. If the employer proposes a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another. Example: A 9/80 timecard with Friday as the flex day should read M 9 T 9 W 9 Th 9 F 8 M 9 T 9 W 9 Th 9 F off. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
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Another version is the "9-80" in which employees work four nine-hour days and one eight-hour day (typically Friday) and have every other Friday off. Rotating Schedule . Had a discussion with my friends but labor law is something Iâm not familiar with. Meetings of employees must be held at least 14 days prior to the secret ballot voting. A 9/80 work schedule allows the employee to work 80 hours over a two week period. The San Francisco Family Friendly Workplace Ordinance gives employees the right to request a flexible or predictable working arrangement to assist with their caregiving responsibilities. In California, is a work schedule 4/10 legal for non salaried employees? Employees must take a ten minute unpaid break for every four hours that they work. Notes . It may involve just one employee if there is only one employee in a particular job classification. The lawmakers even named it the Eight-Hour-Day ⦠Your session has expired. Alternate Work Week. The agreement must be put in writing. But California law makes an exception for people who work more than eight hours a day on a regular basis as long as they do not work more than 40 hours per week. San Francisco . Members may download one copy of our sample forms and templates for your personal use within your organization. Under California law, you are entitled to overtime for all time worked above 40 hours in one week, regardless of having a 4/10 alternative work schedule. Please log in as a SHRM member. $("span.current-site").html("SHRM MENA ");
Upon a petition signed by at least one-third of the affected employees, a new secret ballot election must be held, and a two-thirds vote of affected employees is required to repeal the alternative workweek schedule. An employer may implement an alternative workweek by completing a series of steps required under California law. Team 1 works Monday to Thursday while Team 2 works Tuesday to Friday. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. 4/10 Schedule for Summer 2020. The 4/10 shift schedule also has provision for overlap days where all members of both platoons are scheduled to work. Alternative workweeks are popular in California. No download. What Employers Can Do If Workers Refuse a COVID-19 Vaccination, Quarantines, Layoffs, Returning to Work: How Employers Leapt the Legal Hurdles of 2020, Virtual California HR: Applying CA Law to Employment Practices, Know Your Data Security Obligations Under Californiaâs New Privacy Law, Workersâ Comp Was Exclusive Remedy for Claims Based on Lead Exposure. Regardless, employees with a compressed schedule work a total of 80 hours during each biweekly pay period. This can be an entire facility or a department, shift, or job classification. The secret ballot election must be conducted at the worksite during regular working hours, and the employer must bear the costs of holding the election. var currentUrl = window.location.href.toLowerCase();
On December 18, 2018, California employees in Non-Exempt work unit of National Technology In general, working over eight hours per day is considered working overtime. Days and hours when the employee is normally expected to be in the unit/department are: NOTE: SCHEDULE IS FIRM AND ⦠The total working hours for each team over the repeat cycle are shown in the Hours column, assuming one employee per team. In a 4/10 work schedule, the 40 hours will be accomplished by working 10 hours each day, Monday through Thursday. (B) In order to be ⦠Please enable scripts and reload this page. An employee on a 4/10 schedule who works a holiday will be paid at time-and-one-half for eight (8) hours of work on the holiday; the remaining two (2) hours worked shall be at straight time, unless such hours are overtime (work in excess of 40 hours during the week). All this is spelled out in Section 3 of the Wage Orders. We've been asked to calculate OT for this alternate work schedule: 1.5x OT for > than 10 hours a day; 2x OT for > 12 hours; working more than a 40 hour work week, working a non-scheduled work day. HR Lessons From Five Countries that Excel in Work-Life Balance. Although the total number of hours worked is the same under the 8 hour and the 4/10 shift schedules, the actual numbers of days employees are required to come to work is dramatically reduced (up to 52 less days per year) under the 4/10 schedule. Matthew Heller. Two teams are required, with each team working 10 hours a day for 4 straight days. As the name implies, flexible schedules are, well, flexible! share. They prefer, for example, working four 10-hour days to working five eight-hour days. In California, Flexible Schedules Are Tightly Regulated. This checklist guides you through creating and implementing an alternative workweek schedule. Employees generally love Alternative Workweek Schedules. Get your free trial now. The following alternative work schedules provide a range of options that satisfy the needs of both companies and employees: 1. Work schedules vary based on the organization and the job. Nearly 10 years ago, California lawmakers enacted legislation that provided employers with the apparent flexibility to accommodate nonexempt workers who wanted to switch from the standard five-day, 40-hour week to the so-called 4-10 work schedule. }. $("span.current-site").html("SHRM China ");
An employer may also eliminate an alternative workweek arrangement on its own initiative simply by providing reasonable prior notice to employees.James J. McDonald Jr. is a partner with the law firm of Fisher & Phillips LLC in Irvine, Calif., and author of "California Employment Law: An Employer's Guide" published by SHRM Books and available through the SHRM bookstore. You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizationâs culture, industry, and practices. California Employment Law: An Employer's Guide, Implementing Alternative Workweeks in California. The last row, Hours, shows the hours worked by all teams in each date range block (leg), assuming one employee per team. Whatâs an alternative work schedule in California? That agency lists all employers having properly adopted alternative workweeks on its website.If you require an employee to work fewer hours than would normally be scheduled under an alternative workweek, you must pay overtime after eight hours in a workday under the normal rules. 4/10-Re-vote SAND2019-1586 O. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. The city of San Francisco and private employers that directly or indirectly employ 20 or more employees are covered by the new ordinance. The proposal must specify the number of days and hours that will be worked under the proposed alternative workweek. Both teams work from Tuesday to Thursday but only one team works on Monday or Friday. A work schedule can also vary based on the time of year. Calendars for Alternate Work Week Schedules; Layoff Process. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMâs permission. 2021 Programs Now Available! Alternative workweeks are popular in California. Full (100%) staffing level from Tuesday to Thursday. $('.container-footer').first().hide();
You are permitted, but not required, to provide a work schedule of up to eight hours per workday to accommodate an employee hired after the election who is unable to work the alternative workweek schedule.An alternative workweek adopted by a secret ballot election may be repealed by the affected employees in a similar manner. An alternative work schedule, or âAWS,â refers to a compressed or flexible work schedule. Apply for the SHRM-CP or SHRM-SCP exam today! 31, 2008. FLEXIBLE WORK SCHEDULE AGREEMENT 4/10 [Compressed Workweek] This Agreement specifies the conditions applicable to an arrangement for: Employee: _____ Dept:_____ _ Supervisor:_____ Dept:_____ _ This Agreement begins on_____ and continues until _____ 1. best. Applicants now have the option to test from home. Live-in employees who are required or permitted to work (i) during the three scheduled off-duty hours that fall within the 12-hour span of work; or (ii) during the 12 consecutive off-duty hours in a workday, must be paid overtime at the rate of one and one-half the employee's regular rate of pay for all such hours worked. You must make a written disclosure to all affected employees that includes a description of the effect, if any, of the proposed alternative workweek on employees' wages, hours, and benefits (note that you may not reduce the hourly rate of pay of any employee as the result of the adoption or repeal of an alternative workweek). department of human resources alternate work schedule calendar 2020 monthly calendar employee name (last, first mi) position number wwg cbid awws type scheduled day off work ⦠Team 1 works Monday to Thursday while Team 2 works Tuesday to Friday. An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. Snap Schedule 365 employee scheduling software solves these challenges and help companies build smarter schedules, avoid unnecessary overtime, and always know who is working where and when. âFind news & resources on specialized workplace topics. Please confirm that you want to proceed with deleting bookmark. Top talent wants true flexibility, not a half-compromise. Create shift schedules in minutes with Snap Schedule 365. In CALIFORNIA, I work a 4/10 schedule. The â4-10â schedule in which employees work 4 10-hour days each week of the pay period and have an extra day off each week. What are your thoughts? For example, some jobs have work schedules that vary depending on the season. Another alternative is to simply overschedule employees, and then cancel shifts before they âreportâ to work, or using âjust in timeâ scheduling software to generate schedules with very little advance notice. To request permission for specific items, click on the âreuse permissionsâ button on the page where you find the item. They are not listed on the DIR website as being a 4/10 employer. View key toolkits, policies, research and more on HR topics that matter to you. Need help with a specific HR issue like coronavirus or FLSA? var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
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