In this special series on alternative workweeks, we’ve taken an The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
in-depth look at how employers can sidestep daily overtime requirements by
using alternative workweeks, such as 4/10 schedules. In Parts 1 and 2, we discussed
the detailed rules that apply to set up an alternative workweek program, and
last month, in Part 3, we walked you through the steps that must be followed to
dismantle one. This month, in the fourth and final installment, we provide
three forms—a sample proposal, ballot, and agreement—that you can use to make
the alternative workweek adoption process simpler.
Proposal to Adopt a Regularly
Scheduled Alternative Workweek
[Company] is pleased to announce that employees in the [specify
the work unit, e.g., a division, department, job classification, shift, or separate
location] will soon have an opportunity to vote on implementing a new work
schedule. Under the new schedule, employees would work [specify, e.g.,
four 10-hour days each week].
[Company]’s decision to make this proposal comes in light of
California’s daily overtime law, which requires [Company] to pay daily overtime
to nonexempt employees who work more than eight hours in a day. Under the
proposed new schedule, however, employees may work up to 10 hours in a day
without the payment of daily overtime.
[Specify benefits to employees of an alternative workweek, such as
more days off per week, more time to spend with family, etc.]
Without your agreement to this proposal, [Company] generally will
not approve alternative schedules of more than eight hours of work in a day
because it would require that [Company] incur increased daily overtime costs.
Proposed Schedule
[Company] proposes the following alternative work schedule [or menu
of work schedule options, from which each employee may choose following the
election]: [specify days of the week and the precise hours of work each day;
length of unpaid meal breaks; and if applicable, a schedule for each shift].
Effect on Pay and Benefits
If the proposed schedule is adopted, employees in the [specify
work unit] will be entitled to overtime pay only for work in excess of the
adopted schedule, rather than after eight hours in a day. The proposed schedule
will affect your employee benefits as follows: [specify details of changes, if
any; for example, effects on the accrual or use of paid leave].
[Company] will not reduce the regular pay rate of any employee in
[specify work unit] as a result of the adoption, repeal, or modification of an
alternative workweek schedule.
Voting Procedure
To adopt the proposed work schedule, at least two-thirds of employees
in the [specify work unit] must vote in favor of the proposal.
The election will take place on [specify date(s), time(s), and
location(s)], through the use of secret ballots. Employees not planning to be
at work on the day of the election may fill out an absentee ballot on [specify date(s),
time(s), and location(s)]. A photo ID will be required for all voting.
G E & H O U R A D V I S O R
Overtime Requirements
If the proposed work schedule is adopted, employees in the
[specify work unit] will be entitled to overtime pay only as follows:
1. Time and a half. Employees will receive time and a half for work over 40 hours a
week or beyond the established schedule, up to 12 hours a day.
2. Double time. Employees will receive double time for work over 12 hours in a day
on a regularly scheduled workday and for work in excess of eight hours on days
that are not regularly scheduled workdays.
Reasonable Accommodation
[Company] will make an effort to find a work schedule not
exceeding eight hours a day for any employee who is eligible to vote on this
proposal but who is unable to work any schedule established by the election. [Company],
in its sole discretion, also may provide a work schedule not exceeding eight
hours per day to accommodate any employee who is hired after the election and
who is unable to work any alternative schedule established as a result of the
election. [Company] will also explore any available reasonable alternative means
of accommodating an employee’s religious beliefs or observances that conflict
with an adopted alternative workweek schedule, as required by law.
Employee Meetings
On [specify date(s), time(s), and location(s)], [Company] will
hold an employee meeting to discuss the new schedule and the effect it will
have on you. Your attendance at the meeting is mandatory. If you will be unable
to attend the meeting as scheduled, please notify your supervisor immediately.
Secret Ballot Vote on [Company]’s
Proposal to Adopt a Regularly Scheduled Alternative Workweek
[Company] proposes the following regularly scheduled alternative
workweek: [specify schedule, including days of the week and precise hours of
the day].
___ I vote to adopt the
alternative workweek described above. I understand that if this schedule is
adopted by a vote of two-thirds of affected employees, I will not be entitled
to the payment of daily overtime unless I work hours in excess of such
schedule.
___ I vote to reject
the alternative workweek described above.
Ballot Control No. [To prevent ballot
tampering, specify a unique number for each ballot that does not identify the
voting employee.]
Sample Alternative Workweek
Agreement
[Note: You can use this
form to have employees select their schedules following a successful election.]
On [specify date] employees in the [specify the work unit] voted
by at least a two-thirds majority to implement a new work schedule, as follows:
[specify the new schedule or menu of schedule options, including days of the
week and the precise hours of work each day]. Under the new schedule, employees
may work up to 10 hours in a day without the payment of daily overtime. The new
schedule will take effect on [specify date].
[If Company proposed a menu of schedule
options, insert the following language:]
Employee must select his or her new schedule from the various schedule options
approved in the secret ballot election by checking next to one of the statements
below:
___ [specify option 1]
___ [specify option 2, etc.]
Employee must initial one of the following:
___ I agree to work the new schedule as specified above.
___ I am unable to work the alternative work schedule and request
a reasonable accommodation.
Employee Name (printed):
Employee No.:
Employee Signature:
Date:
By [Company representative]:
Title:
Signature:
Date:
This is great! But who do you send all the information to once you get all the votes in? Also as the amployer, do you need to fill out some kind form in order to do this?