California Flexible Work Hours Audit
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FAQ
In California if they work over 8 hours in one day you have to pay overtime. Some people, and it's a flex time issue in California, you can actually go to a vote with the work force on having 4 ten hour days.
By law, you have the right to make a flexible working request if: you've worked for your employer for at least 26 weeks. you're legally classed as an employee. you've not made any other flexible working request in the last 12 months.
A flexible schedule allows an employee to work hours that differ from the normal company start and stop time. Particularly in an environment for exempt employees, those hours are generally 8 a.m. - 5 p.m. or 9 a.m. - 6 p.m., and tallied, they total a 40-hour workweek.
To have the statutory right to ask for flexible working arrangements, you must be an employee. You must also have worked for your employer for 26 weeks in a row on the date you make your application.
California law also allows employees to take comp time or compensating time off. Comp time is paid time off in place of overtime pay. For example, if you work 45 hours in a given week, you would be entitled to 5 hours of overtime to be paid at 1.5 times your regular rate.
No. An employer cannot use a choice of law clause to oust the law of the jurisdiction where the worker is physically located and performing the work.
A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. It allows employees to vary their arrival and/or departure times.
Remote Work in California: The BasicsIt is legal to work remotely in California, but it is important for the employer and employee to mutually agree upon a set of rules and expectations for this kind of work especially as it is becoming more common during the pandemic.
Once a flexible working request has been agreed it forms a permanent change to the employee's contract, unless agreed otherwise, and cannot be changed without further agreement between the employer and employee.
