Alternative Work Weeks in California. WHO GETS OVERTIME?
As clearly stated, in Federal labor law, which all the employees working for more than 40 hours on per week basis are required to be paid 1.5 times of their normal monthly pay rate by their respective employers. On the other hand, Labor laws in California signifies more specifically by stating that if a labor or employee works for his employers over and above the normal hours of 8 in a day and 40 hours in total in a week, then they must be paid 1.5 times of their regular monthly pay or salary. As a result of these laws, majority of the employers takes a step ahead to prevent the payment of overtime to their labors by making sure that each employee works only as per the designated schedule which restricts them not to work above 8 hours a day or 40 hours a week. Therefore, they have created the traditional weekly work schedule of 5 days a week consisting of 8 hours on daily basis.
But it is a very common practice in some industries to have long and stretch shifts for their workers. Consequently, employers would certainly demands his or her workforce to work 4 days a week consisting of 10 hours a day or it might be a 3 days a week consisting of 12 hours a day. But this act of employers would be really unjust from the viewpoint of employees, as most of their earned overtime has not be paid to them and this fact is accordingly mentioned as per the California labor laws. Thus, it indicates that employer might not desire to pay off such overtime to their workforce and which as a result indicates that most of their employees would not be able to relief for a shorter week of working hours.
The solution which the State has offered is that the employer can validly apply to avail the facility of having an alternative work week schedule for the employees. With this facility, the employees would be able to keep their work week rather shorter and in addition, employers would not require paying the daily overtime to their workers. For this work out accordingly, the employees must cast their individual vote in favor or against the new working schedule offered by the employers and the vote will take effect only if it is approved by the majority of a 2/3 workers or employees for that new schedule. And if the vote is successfully passed, the employer must abandon their registration with the state with immediate effects.
But the overtime is still owed to the employees if they work for more than 40 hours in a week or it gets double when employees work for more than 12 hours in day. Furthermore, margins for breaks during the works is also increased; second break of 30 minutes is offered when the employees work for more than 10 hours and another 10 minutes break is offered when the working hours increased to 12 hours a day.
Therefore, if you are not paid for your overtime work, you must check to confirm that whether your employer has registration with the state by visiting The Department of Industrial Relations. If not, then you must immediately consult one of the California labor law attorneys to review your position.
Remember, if you have any queries and doubts regarding your employment or overtime related matter, then it is our suggestion to you to please visit California labor law attorney who can seriously help you to understand your position more clearly and they might not charge even in some cases.
Feel free to contact us at in case you have any questions about this article or our blog:
San Francisco – (415) 200-0012 or (415) 230-2755
Photo Credit: Shutterstock/Vlad Teodor