Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures.
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.
Adopting such a schedule requires following a specific set of steps, and failure to comply with even one requirement may invalidate the schedule and result in awards of three or four years of back overtime pay.1 Employers are advised to seek legal counsel to ensure they properly develop, implement and maintain such a schedule.
1.Code of Civil Procedure sec. 338(a); Lab. Code sec. 1194; Cortez v. Purolator Air Filtration Products Company, 23 Cal. 4th 163 (2000)
Forms
- Alternative Workweek Adoption Notice to Department of Industrial Relations
- Alternative Workweek Checklist
- Alternative Workweek Sample Calendar
Q&As
- There seems to be some dissatisfaction among the employees with the adopted alternative workweek schedule. Production has been adversely affected. Can the alternative workweek schedule be terminated?
- Are employees on alternative workweek schedules entitled to overtime, and if so, how do I pay them overtime?
- Can an employer adopt an alternate workweek schedule before having employees?
- My hourly employee wants a flexible schedule working four 10-hour days; do we have to pay any overtime if we agree with the request?
News
- Deep Dive: Alternative Workweeks for Nonexempt Employees
February 22, 2024
