Wouldn’t it be nice if you could, for example, make arrangements with some of your employees, at their request, to have a 4-day x 10 hour/day workweek, without having to pay overtime for 2 hours/day?
A few years ago, the legislature authorized alternative workweeks, such as the example we’ve provided above.
Unfortunately, doing that is riddled with complex and difficult procedures, extra work for both employer and employee, and sufficient complexity such that few employers could be bothered, even when there were some benefits for both employers and employees.
In most other states, it’s easier. Federal law does not require overtime pay for more than 8 hours/day. It is required only for more than 40 hours/week, unlike California, which requires O.T. pay for employees who work more than 8 hours/day OR more than 40/week. In that case, you wouldn’t require anyone’s approval to respond positively to the request of even a single employee to work 4 x 10 hours/day, without receiving overtime pay for 8 hours of that.
Recently in mid-January, the Assembly Labor and Employment Committee rejected a bill that would eliminate the burdensome alternative-workweek election process. Sigh.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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