Ca Alternative Workweek Agreement

(B) Where an employer whose worker has entered into an alternative weekly employment contract authorized by this provision requires a worker to work fewer hours than that regularly provided for in the agreement, the employer shall pay the worker overtime pay equal to one and a half (1) times the worker`s normal remuneration for all hours worked more than eight (8) hours and double the employee`s normal wage. s for all hours worked for more than 12 hours for the day the employee is required to work reduced hours. This work is not subject to AWS and normal overtime rules unless (1) the employee is informed that the other site has an AWS; and (2) the employee works on the other site for one or more full weeks of work (as defined in AWS). If both conditions are met, the employee`s overtime can be calculated in the same way as for other employees subject to AWS for each full work week the employee works at that site. To avoid any subsequent disputes, have the employee document that she has been notified of AWS. (b) an employed person who works more than eight hours but not more than twelve hours in a day, in accordance with an alternative working time defined in accordance with this Section, shall be paid a rate of compensation for overtime equal to or greater than one and a half times the worker`s normal remuneration for each work exceeding the normal hours laid down in the Agreement on Alternative Weekly Work; and work for all those who go beyond 40 hours a week.  For all work exceeding 12 hours per day and more than eight hours on those days beyond the normal working days set out in the alternative weekly agreement, a rate of compensation for overtime shall be equal to or greater than twice the worker`s rate of pay.  Nothing in this section requires an employer to combine more than one overtime compensation rate to calculate the amount to be paid to a worker for overtime work. (A) Any proposal for an alternative work schedule must take the form of a written agreement proposed by the employer. The proposed agreement must provide for a regularly scheduled alternative work week, during which the number of working days and hours of work indicated is regularly repeated.

It is not necessary to indicate the actual working days as part of this alternative work plan. The employer can propose a single work plan, which becomes the standard plan for workers in the work unit, or a menu with work plan options from which each worker in the unit can choose. If the employer offers a menu with work schedule options, the worker can switch from one menu option to another with the employer`s agreement. The maximum number of daily hours that can be scheduled regularly as part of an alternative work week is currently under discussion. For most employers, the Division of Labor Standards Enforcement has taken the position that the maximum number of regularly scheduled daily hours during an alternative work week is 10. (A waiver of the 10-hour requirement is specifically stipulated in health care pay orders, which allow for the adoption of alternative schedules with regular 12-hour workdays.) The alternative plan proposed by the employer must be approved by a two-thirds majority of the workers concerned in the work unit. Voting must be by secret ballot at the workplace. At least fourteen days before the vote, the employer must state in writing the impact of the alternative work week on workers` wages, hours and benefits and hold a meeting. The employer must send the written disclosure to all employees who are not attending the meeting.

(C) Prior to the secret ballot, any employer who has proposed to introduce alternative working hours must have provided the workers concerned with information in writing, including the impact of the proposed agreement on workers` wages, hours and benefits. . . .