California Labor Laws FAQġ.5 times the regular wage for any time worked over 40 hours/week and 8 hours/dayĢ.0 times the regular wage for any time worked over 12 hours/day, and any time worked over 8 hours on the seventh consecutive workday in a workweekġ0 minute rest periods for each 4 hours workedģ0 minute meal breaks for each 5 hours workedįirst on our list are regulations concerning wages. If you have questions about implementing an AWS or related issues with overtime in California, contact a Jackson Lewis attorney to discuss.The ultimate California labor law guide: minimum wage, overtime, break, hiring, termination, and miscellaneous labor laws. For example, if the employee on an AWS works beyond or less than the scheduled hours of the agreed-upon AWS, the employee may be entitled to overtime or double-time pay. Employers must still adhere to the same meal and rest period timing and provisions.įurther, an AWS does not completely eliminate the employer’s obligations to pay overtime. It is important to keep in mind that the implementation of an AWS has no impact on California meal or rest break requirements. The employer should also keep other supporting information and documentation. The implementation date must be at least 30 days after the announcement of the final results of the secret ballot.Īn employer implementing an AWS should maintain all copies of the proposals, employee meeting communications, and election results. The company must also give notice to the affected workers and provide a specific date on which the AWS will be implemented. If two-thirds of the work unit vote in favor of the AWS, the results must be reported to the California Department of Industrial Relations (DIR) within 30 days of finalizing the results. At least two-thirds of the affected work unit must vote in favor of the AWS in order for it to be adopted. The election must be held during regular working hours at the employees’ work site and cost paid by the employer. If any affected employees do not attend the meeting, the proposal must be mailed to those employees.Īfter the 14 days have elapsed from the initial pre-election meeting, the employer must hold a secret ballot election. Then the employer must hold a pre-election meeting with the affected business unit a minimum of 14 days prior to the election to discuss the effects of the proposed AWS. In this process the employer provides the affected work unit or units with a proposal of the AWS in writing, designating the number of days in the workweek and the number of hours in the work shift. This is a multistep process that allows employees to vote on whether to adopt an AWS. The business will then proceed with an AWS election. A work unit may even consist of an individual employee as long as the criteria for an identifiable work unit are met. The Labor Code defines a “work unit” as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision. The business must identify employees eligible for the AWS. The following is a general overview of the AWS process but does not provide comprehensive detail of all steps. What steps does a business need to take to have an AWS? A business must determine the appropriate procedures for the business unit seeking the AWS. Even if the work falls under a wage order that allows for AWS, there are differences within the orders in the types of schedules that may be adopted and in the election procedures. Only employees whose work falls under Wage Orders 1 through 13, 16, and 17 are permitted to have AWS. The business must determine if the work unit seeking an alternative workweek arrangement is permitted to elect an AWS. An AWS must be a fixed schedule of days of the week and start and end times, which can be rotational shift schedules or seasonal shift schedules as long as they are “regularly recurring.”ĭoes the AWS process apply to your business? An AWS may not work for employers who need to vary employees’ work hours or days worked. California requires specific steps to be followed for a valid AWS.Īn initial consideration is whether the business needs flexibility in scheduling its workers. However, the process is not as easy as the company unilaterally deciding to have an AWS. It may also be desired to provide employees with greater flexibility by shortening the overall workweek. This may be needed due to health and safety concerns or industry practices that mandate longer shifts. Alternative workweek schedules (AWS) permit workplaces to adopt different schedules longer than 8 hours without accruing overtime. Under California law, employees normally accrue daily overtime for hours worked over 8 hours in a day.
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