California's Alternative Workweek Schedule
This question is for the state of California. We would like to request that our employees work 3/12 shifts? (3 days a week, 12 hours a day) Can this be considered an Alternative Workweek Schedule? What are the overtime requirements for a standard 3/12 shift?
We are not required to pay overtime rates for 4/10 shifts as long as they work within the schedule. Is this true for 3/12 as well?
Answers (1)
Alternative work schedule
Hello.
Great question. First, I would like to make sure that you fully comply in your existing situation. Under California law you can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected unit voting in a secret ballot election before performance of the week.
However, the employer must pay overtime at one-and-a-half times the regular rate after 10 hours per day in a 40 hour workweek, and a double the regular rate after 12 hour per days and for any work in excess of eight hours on those days worked beyond the regularly scheduled alternative workweek days.
So, the simple answer is: you have to compensate employees for the extra 2 hours at 150% of the normal rate.
Thanks,
Arkady Itkin
California Employment Lawyer
335 Powell Street, 14th Floor
San Francisco, CA 94102
Tel. (415) 640-6765
Fax. (415) 508-3474
http://www.arkadylaw.com
posted by Arkady Itkin | Aug 1, 2008 1:25 PM [EST]
Hello.
Great question. First, I would like to make sure that you fully comply in your existing situation. Under California law you can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected unit voting in a secret ballot election before performance of the week.
However, the employer must pay overtime at one-and-a-half times the regular rate after 10 hours per day in a 40 hour workweek, and a double the regular rate after 12 hour per days and for any work in excess of eight hours on those days worked beyond the regularly scheduled alternative workweek days.
So, the simple answer is: you have to compensate employees for the extra 2 hours at 150% of the normal rate.
Thanks,
Arkady Itkin
California Employment Lawyer
335 Powell Street, 14th Floor
San Francisco, CA 94102
Tel. (415) 640-6765
Fax. (415) 508-3474
http://www.arkadylaw.com
posted by Arkady Itkin | Aug 1, 2008 1:25 PM [EST]
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