Typically California labor laws require employers to compensate their hourly, or non-exempt employees, at time and a half their regular rate of pay if the employee works more than 8 hours in a day or more than 40 hours in a week. Alternative work week schedules allow for daily over time to be eliminated. But it’s important to note weekly overtime rates will still be applied.
However, employers cannot just take it upon themselves to unilaterally make this decision to ignore California over time laws. The State of California will approve and allow an alternative work week schedule so long as the employees give a two thirds vote on the matter first. If the employees do not vote or are “required” to vote a specific way the state will not recognize the companies attempt for an alternative work week. Once the vote has been completed according to state regulations the employer must register with the state. Upon approval of the employer’s application the company will be added to the online data base of approved schedules; where the public can view the schedules approved.
The idea behind the alternative work week was meant to be mutually beneficial to both the employer and the employee as certain industries run more efficiently with longer shifts. For instance it is very common to see alternative work week schedules implemented in hospitals some RN’s may work 4 ten hour days or even 3 twelve hour days.
While the alternative work week schedule may change the employees schedule and if they are paid daily over time it does not change any of the following:
• Meal and rest breaks: you will still be allowed the proper rest breaks for your shift. That includes a second 30 min lunch break if you work more than 10 hours.
• Double time pay: if you work more than 12 hours in a day you should be paid double time
• Weekly overtime, if you work more than 40 regularly paid hours any time over that will be paid at time and half
Labor law is complex if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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