Normally, nonexempt employees in California are entitled to overtime rate pay for working over 8 hours in a workday. Sometimes, employers want to offer different work schedules that are a bit longer each day without paying overtime rates but still add up to a 40-hour week. This is called an "alternative workweek schedule." It allows employees to work up to 10 hours in a day without extra overtime rate pay on that workday if it’s voted and approved by the team which the alternative workweek schedule applies to.
For this schedule to happen, the employer must propose it, and then the employees vote on it. If at least two-thirds of the workers agree, then alternative schedule can begin. Employees may get to choose from a set of schedule options or work one standard schedule, depending on what the employer offers.
If employees work more than 10 hours but not exceeding 12 hours in one day, then they still get overtime pay for up to two hours over 10 hours. This overtime pay rate is 1.5 times their normal hourly rate. However, if they work over 12 hours in a day, then they get a double overtime pay rate for those hours. The alternative workweek schedule rule also provides that if employees work more than eight hours on a day that’s not part of their usual schedule, they also get paid extra.
Employers are also required to help any employees who can’t manage the longer schedule. This might mean giving them an eight-hour workday if possible. Employers must also respect employees’ religious needs and provide other options if the schedule conflicts with those.
Once the alternative workweek schedule is decided, employers must report the results to the Division of Labor Standards Enforcement (DLSE) within 30 days. Alternative workweek schedules are invalid if not reported to the DLSE. Just Google search “DLSE alternative workweek” to find the DLSE’s database allows a search of all alternative workweek results that employers have filed with the DLSE by company name or address.
Overall, an alternative workweek can be a flexible option, but it requires fair voting, clear rules, and overtime pay if the work goes beyond the agreed hours.
(See Link(s): Labor code section 511)