California Alternative Workweek Rules

State:
California
Control #:
CA-JM-0010
Format:
Word
Instant download

Description

The Agreement for Alternative Workweek Schedule is a vital document for employers in California to establish an alternative workweek (AWS) arrangement after employees have voted in favor of it. Under California alternative workweek rules, this agreement outlines the adopted work schedules, allowing flexibility in work hours while adhering to state labor laws. Key features of this form include provisions for holiday schedules, vacation accrual, and overtime compensation, ensuring that employees understand their rights and benefits under the AWS. Additionally, the agreement addresses potential reasonable accommodations for employees who may not be able to comply with the designated schedules. The form also includes a process for revocation of the AWS agreement should a significant number of employees desire a return to the standard workweek structure. It is crucial for employers to seek legal counsel before implementing this agreement to navigate wage and hour rules appropriately. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to ensure compliance with labor laws and protect both employee rights and employer interests.
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FAQ

Currently, California does not mandate a 4-day work week, but there is ongoing discussion about its potential benefits. Employers can voluntarily adopt a 4-day work week by following California alternative workweek rules. This approach can enhance employee satisfaction and productivity, making it an attractive option for many organizations. As discussions progress, it is vital to stay informed about any changes to labor laws.

To set up an alternative work schedule in California, employers must begin by discussing the proposal with employees. After obtaining input, the employer should adopt a written policy that outlines the schedule. Next, the employer must hold a secret ballot election where at least two-thirds of the employees approve the alternative workweek arrangement. Implementing these California alternative workweek rules ensures compliance and smooth operation.

In March 2023, Congressman Mark Takano reintroduced the bill, now called the Thirty-Two Hour Workweek Act, which would replace the current national standard of working 40 hours a week with a 32-hour workweek in California.

The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less that 12 months after the date that the same group of employees voted in an election held to adopt or repeal an alternative ...

(1) An alternative workweek consisting of three 12-hour shifts, shall be limited to licensed or certified healthcare personnel employed by a licensed hospital, who are engaged in patient care, or pharmacists dispensing prescriptions in any practice setting where they are required to engage in direct patient care.

An AWS is a variation of the standard 5-day/40-hour work schedule in which a full time employee completes a 40-hour workweek in a compressed schedule. This provides flexibility in balancing home and work like without disrupting operational needs and quality service to DGS customers.

An alternative workweek schedule, or AWS, is a set workweek in California that requires you to work over 8 hours in a 24-hour period, but has fewer days in the workweek. You can decide to use an AWS by voting. If an AWS is adopted, it can impact your overtime pay.

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California Alternative Workweek Rules