Alternative work schedules in the state of California are allowed under California Labor Code 511 and by the Industrial Welfare Commission (IWC). An alternative workweek schedule indicates any scheduling of workers that requires them to work more than eight hours in a single 24-hour period of time. This type of alternative work schedule can be created for almost any type of employment as long as the employer meets specific criteria established under the California Code of Regulations, Title 8, Section 11170 . If an employer fails to follow the strict guidelines under the law regarding alternative work schedules, an employee may have the legal right to pursue compensation and overtime under the law.
While alternative work schedules are allowed under the law, the following rules and regulations still apply:
– The employer may not require more than 10 hours of work per day, or more than 40 hours of
work during an entire week of work.
– The alternative work schedule must follow all procedures set forth by the Labor Code and the
IWC.
– Implementation of the work schedule must be done correctly, or workers will have the legal
right to request overtime pay under the law.
An employer wishing to adopt an alternative work schedule for their workers in the state of California must follow these guidelines:
-Send a proposal regarding the regularly scheduled alternative work schedule, and menu of schedule options, to the IWC
-The alternative work schedule must be adopted by all affected employees through a secret ballot election by at least a two-thirds vote prior to the implementation of the alternative work schedule.
-Prior to employees voting in secret regarding the alternative work schedule, the employer must provide (at least 14 days prior to the vote), meetings that explain the alternative work schedule and how it will impact their benefits and hours.
-Any employer that has a minimum of 5 percent of employees who speak another language must offer the information in that language.
-The vote must occur at the worksite during regular working hours and the employer must pay for all costs associated with the vote.
There are also certain rules and regulations associated with a repeal of alternative work schedules in the state of California. If your employer failed to follow any of these regulations, you may have the right to file a claim and seek compensation for your additional wages.
The decision to implement an alternative work schedule should not be done lightly. In fact, there are several legal policies and procedures in place that can create a great deal of legal and financial hardship for an employer if not followed correctly. If you feel that you were forced to work illegally under an alternative work schedule in the state of California, contacting an experienced employment attorney at the Law Offices of Jeremy Pasternak at 415-373-1287 or online, can help you understand your legal rights.
