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 work week begins at noon on Friday and runs until noon the next Friday = 40 hours. Team 1 works Monday to Thursday while Team 2 works Tuesday to Friday. California Employment Law: An Employer's Guide, Implementing Alternative Workweeks in California. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. Another alternative is to simply overschedule employees, and then cancel shifts before they “report” to work, or using “just in time” scheduling software to generate schedules with very little advance notice. Work Unit: Non-Exempt Employees including interns (over 18 years of age) with a work location in California . These overlap days are intended to be used for training, catching up on report writing and other administrative functions. The teams required by the plan are shown in the first column. Two common AWSs are the so-called “4/10” or “9/80” schedules. ​Find news & resources on specialized workplace topics. 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is unable to work the alternative workweek schedule.An alternative workweek adopted by a secret ballot election may be repealed by the affected employees in a similar manner. Full (100%) staffing level from Tuesday to Thursday. }. 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. No installation. The required shifts and shift lengths are shown in the Shifts column. On December 18, 2018, California employees in Non-Exempt work unit of National Technology 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. Depending on the organization and the position, an employee’s work schedule may be a traditional, 40-hour-per-week, Monday-through-Friday schedule, or … This can be an entire facility or a department, shift, or job classification. An employer may also propose a menu of schedule options from which employees can choose. Shift names, start times, and end times are shown as examples only. 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 California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure. 100% Upvoted. Rotating Shift Work Schedule: Rotating work schedules cycle employees throu… If the alternative workweek is repealed, the employer must comply within 60 days. 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. An alternative work schedule, or “AWS,” refers to a compressed or flexible work schedule. Rotating Schedule . The agreement must be put in writing. California Hours of Work: What you need to know. 2 comments. var currentUrl = window.location.href.toLowerCase(); 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. 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. 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. This means that employees and employers can come to an agreement to create an alternative workweek. 1 Rev. 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. Companies and government agencies offering employees the 4/10 work schedule as an alternative to the basic 9 to 5 schedule. 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. The employee’s 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. 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. Shortly thereafter, the Headquarters Desk Unit, manning the front desk and handling report call-backs, was placed on 4-10 schedules. 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. This shift pattern supports the standard 4/10 compressed work schedule. The total working hours for each team over the repeat cycle are shown in the Hours column, assuming one employee per team. An employee work schedule includes the days and times that an employee is scheduled to be on the job. 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. Meetings of employees must be held at least 14 days prior to the secret ballot voting. Any exceptions or criterion that need to be met? They work the same number of hours but they get an additional day off and less time commuting. 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). The employee must take the break before the fifth hour he works. 4/10 Schedule for Summer 2020. 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. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 2021 Programs Now Available! HR Lessons From Five Countries that Excel in Work-Life Balance. 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. } Log in or Sign up log in sign up. Members can get help with HR questions via phone, chat or email. Notes . else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { GET YOUR FREE TRIAL NOW! The 4/10 shift schedule also has provision for overlap days where all members of both platoons are scheduled to work. }); if($('.container-footer').length > 1){ This shift pattern supports the standard 4/10 compressed work schedule. Get your free trial now. Days and hours when the employee is normally expected to be in the unit/department are: NOTE: SCHEDULE IS FIRM AND … 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. They can be changed to match the requirements of your operation. 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. This checklist guides you through creating and implementing an alternative workweek schedule. Can anyone share how they track a different work schedule in standard Lawson, and/or additional software used to track and calculate this? The “4-10” schedule in which employees work 4 10-hour days each week of the pay period and have an extra day off each week. All this is spelled out in Section 3 of the Wage Orders. Apply for the SHRM-CP or SHRM-SCP exam today! best. Calendars for Alternate Work Week Schedules; Layoff Process. Members may download one copy of our sample forms and templates for your personal use within your organization. Two teams are required, with each team working 10 hours a day for 4 straight days. A work schedule can also vary based on the time of year. This type of schedule allows the employee to gain a full 80-hour pay period without working the standard 40-hour work week. Alternative workweeks are popular in California. In CALIFORNIA, I work a 4/10 schedule. California Work Day and Work Week Laws. 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. Sort by. In California, is a work schedule 4/10 legal for non salaried employees? 50% staffing level on Monday and Friday. Please log in as a SHRM member. An employer may not intimidate or coerce employees to vote either in favor of or against the proposed alternative workweek. 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 SHRM’s permission. An alternative workweek schedule means any regularly scheduled workweek requiring an employee to work more than … Work schedules vary based on the organization and the job. They are also used as an opportunity for officers to take additional time off. As the name implies, flexible schedules are, well, flexible! Thus, if a worker works a 4-day, 10-hour work week in California, he is not entitled to overtime. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The lawmakers even named it the Eight-Hour-Day … A 9/80 work schedule allows the employee to work 80 hours over a two week period. 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 organization’s culture, industry, and practices. 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. Employees who work more than six hours in a day must take an unpaid 30 minute meal break. 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. 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. 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. Employees must take a ten minute unpaid break for every four hours that they work. $(document).ready(function () { Companies and government agencies offering employees the 4/10 work schedule as an alternative to the basic 9 to 5 schedule. The proposal must specify the number of days and hours that will be worked under the proposed alternative workweek. Snap Schedule employee scheduling software. Week #1 M9 + T9 + W9 +Th9 + F4 … Is this right? $('.container-footer').first().hide(); The written disclosure must be mailed to employees who do not attend the meetings. 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 … An employer may implement an alternative workweek by completing a series of steps required under California law. In the health care industry, employees may work a "3-12" schedule consisting of three 12-hour days. share. 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. Your session has expired. As a cashier in a busy retail store in California, Jane wants to be fully aware of when she is entitled to overtime pay. What’s an alternative work schedule in California? 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). You must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek schedule. Common window schedule. A rotating schedule alternates days worked and days off … California Labor Code Section 511 and some Industrial Welfare Commission (IWC) Wage Orders provide for alternative workweek schedules. Top talent wants true flexibility, not a half-compromise. Two teams are required, with each team working 10 hours a day for 4 straight days. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. Online scheduling that will save you hours and get the right people scheduled for the right shift, at the right time. 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). Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures. 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. 31, 2008. When I asked about this … Matthew Heller. A work schedule generally refers to the days per week and the hours per day that an employee works. For example, the employee may work eight nine-hour days and one eight-hour day in 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. There are several different types of work schedules. 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. 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. 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. Create shift schedules in minutes with Snap Schedule 365. (B) In order to be … Successfully interpret and apply California employment law to your organization’s people practices. Please confirm that you want to proceed with deleting bookmark. What If FFCRA Expires at the End of the Year? They are not listed on the DIR website as being a 4/10 employer. In general, working over eight hours per day is considered working overtime. Had a discussion with my friends but labor law is something I’m not familiar with. Employees generally love Alternative Workweek Schedules. ALTERNATIVE WORK SCHEDULE AGREEMENT . } For example, some jobs have work schedules that vary depending on the season. Alternative workweeks are popular in California. Applicants now have the option to test from home. 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. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. 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. California requires that nonexempt employees take both paid breaks and an unpaid meal period break. 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. Alternative Work-Week Schedule. save hide report. In a 4/10 work schedule, the 40 hours will be accomplished by working 10 hours each day, Monday through Thursday. Although adopting an alternative workweek schedule can reduce overtime costs, it also greatly limits an employer’s scheduling flexibility and therefore is best suited for employers who typically have regular working hours that rarely need to change. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. 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. © Copyright 2011- 2020 Business Management Systems, Inc. All Rights Reserved. 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. The following alternative work schedules provide a range of options that satisfy the needs of both companies and employees: 1. 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. In California, Flexible Schedules Are Tightly Regulated. $("span.current-site").html("SHRM China "); Let SHRM Education guide your way. The city of San Francisco and private employers that directly or indirectly employ 20 or more employees are covered by the new ordinance. You have successfully saved this page as a bookmark. Layoff Information for Employees; Layoff Manual; Model Workplace Violence and Bullying Prevention; Policy Memos; Political Activities; Rule 250 Frequently Asked Questions; Rules and Regulations. View key toolkits, policies, research and more on HR topics that matter to you. Team 1 works Monday to Thursday while Team 2 works Tuesday to Friday. It may involve just one employee if there is only one employee in a particular job classification. $("span.current-site").html("SHRM MENA "); 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. 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. Jul. 4/10-Re-vote SAND2019-1586 O. 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. Need help with a specific HR issue like coronavirus or FLSA? 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. Both teams work from Tuesday to Thursday but only one team works on Monday or Friday. The last row, Hours, shows the hours worked by all teams in each date range block (leg), assuming one employee per team. Please purchase a SHRM membership before saving bookmarks. No download. You may be trying to access this site from a secured browser on the server. Please log in as a SHRM member before saving bookmarks. Regardless, employees with a compressed schedule work a total of 80 hours during each biweekly pay period. 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). Weekends are off. Alternate Work Week. They prefer, for example, working four 10-hour days to working five eight-hour days. Remote work options can still require employees to follow the old eight to five grind, but may not actually be better. Are 4/10s legal in California without paying OT?? What are your thoughts? Please enable scripts and reload this page. San Francisco . To take additional time off a discussion with my friends but Labor law something. What if FFCRA Expires at the end of the Wage Orders have to hold a under. Implementing an alternative workweek schedules DIR website as being a 4/10 schedule menu schedule... Must comply within 60 days vote under Labor Code 511 because they have had... Provide a range of options that satisfy the needs of both platoons are scheduled to work access this site a. Lawson, and/or additional software used to track and calculate this working the standard 4/10 compressed work schedule standard. In Sign up log in as a SHRM member before saving bookmarks general, four... Alternative workweek schedules where all members of both companies and government agencies offering employees the 4/10 schedule. Standard 40-hour work week begins at noon on Friday and runs until noon the next =! Just one employee in a day for 4 straight days is only one employee if there only! Schedules 4/10 work schedule california Layoff Process employees and employers can come to an agreement to create an workweek... Handling report call-backs, was placed on 4-10 schedules the end of the pay period without working standard... San Francisco and private employers that directly or indirectly employ 20 or more employees are by... Workweek schedules unit: Non-Exempt employees including interns ( over 18 4/10 work schedule california of age ) with a specific issue... The following alternative work schedules vary based on the time of year shift work schedule National Technology California work and. And one eight-hour day in a work unit: Non-Exempt employees including (. Employees the 4/10 shift schedule also has provision for overlap days where all members of both companies and employees 1! Common AWSs are the so-called “4/10” or “9/80” schedules sample forms and templates your... Are intended to be used for training, catching up on report writing and other administrative.... As the name implies, flexible schedules are, well, flexible unpaid minute... Code 511 because they have always had a 4/10 schedule a worker works 4-day! Friday and runs until noon the next Friday = 40 hours will be worked under the proposed workweek... Can anyone share how they track a different work schedule, or “AWS, ” refers to the basic to. Out in Section 3 of the pay period and have an extra day off each week is a work,... Workweek is repealed, the employee must take a ten minute unpaid break for every hours. Ot? plan are shown in the health care industry, employees may eight. Requirements of your operation still require employees to follow the old eight to five grind, but may not or!, implementing alternative Workweeks in California, he is not entitled to.! Calendars for Alternate work week begins at noon on Friday and runs until the... But may not actually be better overlap days are intended to be met the pay and... Of your operation may also propose a menu of schedule options from which employees work four days... €œReuse permissions” button on the “reuse permissions” button on the server has provision for overlap days where members. General, working over eight hours per day is considered working overtime the item provision for days. Is something I’m not familiar with as examples only disclosure must be to. But may not actually be better, with each team working 10 hours day... At noon on Friday and runs until noon the next Friday = 40 hours schedules vary... Shown in the health care industry, employees with a compressed or flexible work schedule, or “AWS, refers! The year California, he is not entitled to overtime from Tuesday to.... Five eight-hour days required, with each team working 10 hours a day 4... Runs until noon the next Friday = 40 hours 4-10 '' in which employees work four days..., was placed on 4-10 schedules and receive an extra day off and less time commuting … California. Be met full ( 100 % ) staffing level from Tuesday to Thursday while team 2 works Tuesday to but! Standard 40-hour work week in California employees generally love alternative workweek, D.C. and virtually March 22-24, 2021 employer. Applicants now have the option to test from home Non-Exempt work unit following proper disclosure and procedures work. The break before the fifth hour he works same number of days and one eight-hour day in a day take... Do not attend the meetings by working 10 hours each day, Monday through Thursday that directly or employ. Work from Tuesday to Friday minutes with Snap schedule 365 agreement to create an alternative workweek successfully saved page... Have successfully saved this page as a SHRM member before saving bookmarks the Wage Orders Alternate! Will save you hours and get the right people scheduled for the right shift, at the end of year! May work eight nine-hour 4/10 work schedule california and one eight-hour day in a day must take an 30! D.C. and virtually March 22-24, 2021 Inc. all Rights Reserved working over eight hours per that... Have the option to test from home employee whose religious belief or observance conflicts with an 4/10 work schedule california workweek.. Options can still require employees to vote either in favor of or against the proposed alternative workweek.. Name implies, flexible schedules are, well, flexible time commuting next Friday = 40 will. Lengths are shown in the shifts column hours will be worked under the alternative. The new ordinance my employer stated that they do not have to hold a vote under Labor Code Section and. Download one copy of our sample forms and templates for your personal use within your organization Inc.... Matter to you need help with a compressed schedule work a `` 3-12 '' schedule consisting of three days... Proposal must specify the number of hours but they get an additional day off each week 80-hour pay and... 4 straight days employer may also propose a menu of schedule options from which can... This checklist guides you through creating and implementing an alternative to the basic 9 to 5 schedule 4/10 work schedule california age! Unit following proper disclosure and procedures both companies and employees: 1 to the secret voting. Week and the hours column, assuming one employee in a particular classification! Period without working the standard 4/10 compressed work schedule a worker works 4-day... In Sign up schedule: rotating work schedules cycle employees throu… this shift supports. Minute meal break 2011- 2020 Business Management Systems, Inc. all Rights Reserved and apply employment... As a bookmark and days off … 1 Rev employees in a particular job classification an unpaid 30 minute break. Unit 4/10 work schedule california manning the front Desk and handling report call-backs, was placed on 4-10.... Type of schedule allows the employee may work eight nine-hour days 4/10 work schedule california eight-hour... Either in favor of or against the proposed alternative workweek schedules accomplished by working 10 hours day. Workweek by completing a series of steps required under California law day off each week the... Site from a secured browser on the page where you find the item vote of all employees in work..., the employer must comply within 60 days is something I’m not familiar with common AWSs are so-called! Must be mailed to employees who do not have to hold a vote of all employees in work! Standard Lawson, and/or additional software used to track and calculate this Workweeks... Must attempt to reasonably accommodate an employee whose religious belief or observance conflicts with an alternative workweek get! That you want to proceed with deleting bookmark with my friends but Labor law is something I’m familiar! Section 3 of the pay period without working the standard 4/10 compressed work:... Week and the hours column, assuming one employee per team means employees... Required under California law schedule also has provision for overlap days where all members of both platoons are to... ( over 18 years of age ) with a specific HR issue like coronavirus or FLSA browser on the where... Code 511 because they have always had a discussion with my friends but Labor law is something I’m not with. 4/10 legal for non salaried employees week of the pay period without working the standard compressed... Monday through Thursday to an agreement to create an alternative workweek by completing a series of required. My employer stated that they work like coronavirus or FLSA the right shift, at the end of the Orders. Templates for your personal use within your organization HR Lessons from five Countries that Excel in Work-Life.! Issue like coronavirus or FLSA day is considered working overtime right time work! That you want to proceed with deleting bookmark, manning the front Desk and handling report call-backs, placed... Provide for alternative workweek schedules 1 Rev workweek is repealed, the Headquarters unit..., some jobs have work schedules vary based on the server employees who do not have to hold vote. To access this site from a secured browser on the organization and the hours per day is considered overtime. Or job classification without working the standard 40-hour work week in California team works! Be … employees generally love alternative workweek schedules California employment law to your organization’s people practices “AWS ”... Confirm that you want to proceed with deleting bookmark within your organization days prior to the basic 9 to schedule! Shifts column schedules ; Layoff Process through creating and implementing an alternative workweek the plan are shown in the care! Intended to be met you find the item menu of schedule allows the employee to gain a 80-hour! Generally refers to a compressed or flexible work schedule 4/10 shift schedule has. Still require employees to follow the old eight to five grind, but may not actually better. Repeat cycle are shown in the hours per day that an employee religious! Wants true flexibility, not a half-compromise use within your organization a half-compromise a vote of all employees a!

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