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California Alternative Workweek Schedule Management Meeting
©SHRM 2008 Overview Under California law, employees are normally due overtime for any hours worked over 8 in one work day. Employers may offer, and employees may adopt, by a secret- ballot election, a regularly scheduled alternative workweek that authorizes work for no longer than 10 hours per day within a 40- hour workweek, without the payment of overtime. An “alternative workweek schedule” is defined as “any regularly scheduled workweek requiring an employee to work more than 8 hours in a 24-hour period.” “Regularly scheduled” means that the employer must schedule the actual work days in advance and give employees notice of the changes to their regular schedule.alternative workweek schedule There are several steps that employers must take before they may implement an AWS legally. 2
©SHRM 2008 Objectives Gain an Understanding of Alternative Work Schedules (AWS) in California Benefits of AWS to the Organization, Employees, and Communities Work Unit Goals AWS Implementation Requirements Schedule Options Examples of Schedules Recommended Schedule Next Steps for Implementation 3
©SHRM 2008 What is an Alternative Workweek Schedule in California? Alternative workweek Schedules in California are schedules that have been through an employee approval process to work greater than 8 hours in a 24 hour period without receiving overtime. The AWS in California requires compliance to the California Labor Code Section 511 & Wage Order > Maximum 10-hour shifts > Affected Employees Secrete Ballot Election > Two-thirds majority required > File with DLSE of California > 30-day waiting period
©SHRM 2008 Alternative Work Schedules Meet Needs of Employers Having more dedicated employees who are able to maximize their productive time and minimize the effects of outside responsibilities. Meeting changing and expanding customer expectations and demands, particularly for service and global companies whose customers may be in other time zones or have nontraditional work schedules themselves. Making better use of facilities and equipment by reducing idle time, energy usage Reduces absenteeism May help reduce overtime pay requirements Retain skilled employees who may have other personal commitments
©SHRM 2008 Alternative Work Schedules Meet Needs of Employees Caring for young children when both parents are working. Being able to see children off to school. Caring for an aged parent. Having non-weekend time to accomplish errands and other personal business. Scheduling leisure time more easily. More flexibility to manage work and personal time Enjoy regular full-day / half-days off while preserving full-time salary May provide a longer weekend for leisure time Reduce travel costs Improve work/life balance 6
©SHRM 2008 Alternative Work Schedules Meet the Needs of Communities Reducing traffic congestion with workers on flexible daily schedules, instead of all arriving and leaving work at or near the same time. Reducing air pollution and energy demand when employees work a compressed workweek or telecommute 7
©SHRM 2008 Disadvantages of Alternative Work Schedules Alternative work schedules can present the following challenges: Maintaining ongoing and strong communications with employees on schedules that may vary from their supervisors’ and who may work off-site all or most of the time. Managing employee relations issues, such as monitoring work and evaluating performance. Handling resentment by employees who are not eligible for or do not participate in the alternative work schedule program. 8
©SHRM Optimize coverage – 24/7/365 2.Minimize labor costs/overtime 3.Align employee satisfaction with business requirements and customer needs Work Unit Goal
©SHRM 2008 Labor Code Section 511 & Wage Order Maximum 10-hour shifts Employees affected need to vote Two-thirds majority required File with DLSE of California 30-day waiting period AWS - Alternate Workweek Schedules
©SHRM 2008 Menu Options 4/10: Four 10 Hour Days Per Workweek 3/10+2/5: Three 10 Hour Days + Two 5 Hour Days Per Workweek 4/9+1/4: Four 9 Hour Days + One 4 Hour Day 9/80: Four 9 Hour Days + One 8 Hour Day Every Other Week (Requires Workweek Split On 8 Hour Day) 11
©SHRM 2008 Menu Options Examples ExampleMonTueWedThuFriSatSun Total Hours A: 4/1010 Off 40 B: 3/10+2/510 55Off 40 C: 4/9+1/499994Off 40 9/80MTWTFSSMTWTFSS Total Weekly Hours Week Week 2 4Off
©SHRM hour Shift Recommendation EmployeeSMTWTFS Total Weekly Hours A49999Off 40 BOff COff D4Off st Shift 5:00 a.m. to 6 p.m. 2nd Shift 4:00 p.m. to 1:00 a.m.
©SHRM 2008 Determine the Proposed Schedule. Employee Pre-Vote Meeting > A minimum of 14 days prior to the secret ballot vote Employee Secret Ballot Election Meeting. > Adopted in a secret ballot election by at least a two-thirds vote of the affected employees in the work unit. Reporting and Filing Requirements to the DLSE Implementation > 30 days after the announcement of the final results of the election. > Employees should sign a shift schedule agreement. > Accommodations may need to be made for employees who cannot work the approved AWS. (see Accommodations below) New Employees > May make accommodations for employees who cannot work the AWS schedule, but they are not required to do so unless the reason for not being able to work is a legally protected right such as a disability or religious accommodation. Next Steps
©SHRM Questions Thank you for your attention and interest!
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