Alternative Workweek Requirements
I am very much aware that many companies are implementing a 4 day, 10 hour work week without the consent of the workers. In an environment with a high unemployment rate, many companies think they can simply implement whatever work rules they wish, including schedules, and if the employee does not like it he or she can leave. Too often, employers take the position that a buyer’s market with no shortage of people eager for employment and only too happy to work the schedule they have implemented. If the disgruntled employee is unhappy, that is just too bad.
Q. When an employee works 4 days/10 hours per day, what must an employer do to legally avoid paying overtime?
A. Although there may be exceptions, the general rule is the employer must present the alternative work week as an option to the employees of a particular unit, and the employees must vote on the proposal through a secret ballot election. A two-thirds majority vote is required to pass the proposal.
Once the proposal passes, the employer cannot reduce the regular base rate wage of the employee. In addition, the employer must notify the Labor Workforce and Development Agency, of the employee vote of approval; thereafter, it is posted for the public to see.
If your employer is requiring you to work 4, 10 hour days, and you are not sure if they have met the legal requirements, I invite you to conduct a free search HERE
After conducting this search, if you discover your employer is not on the list, and is not paying you for overtime above 8 hours in a day, you have some options at your disposal.
For a free, no obligation, confidential consultation with a lawyer to discuss your legal options, give me a call at 800-350-2098.
For a more in depth reading, click on the resources portion of this web site, and go to the section. Then, go to Labor Code, and in the search box, type in 511.