Yesterday, we looked at the issue of “single-serving” alternative workweek schedules. Today we’ll explain why the Wage Order your employees fall under affects the type of alternative workweek schedules you can offer.
The state Wage Orders are applicable to all California employers and employees, and the rules contained in the order that covers your company must be followed.
Learn how to audit your overtime classifications and avoid some of the costliest mistakes that have tripped up other employers—coming up this Thursday! Can’t make it on Thursday? Order the CD and learn at your leisure.
Some of the Wage Orders require that employees working an alternative work schedule be scheduled for two consecutive days off (Orders 1, 2, 3, 6, 7, 8, 11, 12, and 13). But employees covered by other Wage Orders (Orders 4, 5, 9, 10, 15, and 16) do not have to be scheduled for two consecutive days off.
To determine which Wage Order covers your company, follow this link to access the DLSE’s
guide: http://www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF (scroll to the last few pages for an index of job classifications showing which wage order applies).
Join us on Thursday for an in-depth “virtual boot camp” all about mastering the overtime rules in California. Learn more here.
So, for example, the following schedule would be permissible for employees covered by Orders 4, 5, 9, 10, 15, and 16:
Monday: 10 hours
Tuesday: 4 hours
Wednesday: 4 hours
Thursday: 8 hours
Friday: 4 hours
Saturday: 10 hours
Sunday: Off
And employees covered by Wage Orders 1, 2, 3, 6, 7, 8, 11, 12, and 13 could work the following schedule:
Monday: 10 hours
Tuesday: 4 hours
Wednesday: 8 hours
Thursday: 10 hours
Friday: 8 hours
Saturday: Off
Sunday: Off
Also, keep in mind that even for a single-employee work unit, the election procedures still must be followed. CEA Online subscribers can access information about how to hold an alternative workweek election here.
Overtime Exemptions in California: How to Audit Your Overtime Classifications and Avoid the Most Common (and Costly) Mistakes
Follow These Best Practices to Identify and Fix Overtime Exemption Problems—and Reduce Your Legal Risks in 2011
- Your workers are 10 times more likely to take you to court over overtime claims and other wage/hour disputes than discrimination complaints.
- Federal and California regulators are auditing employers much more aggressively these days, as they search for substantial tax penalties in today’s tough economy.
- California’s “sue your boss” law (PAGA) gives your employees a big incentive to report even the slightest overtime discrepancies.
- Even if you make an honest mistake, you could be on the hook for several years of back wages and benefits for every single employee involved in the case (plus, legal fees and possible penalties).
Worried yet? Here’s the biggest challenge you’re facing: California’s regulations governing overtime exemptions are much stricter (and even more confusing) than the federal Fair Labor Standards Act (FLSA) regs.
Join us this Thursday, December 9 — and bring your supervisors along! — for an intensive virtual boot camp on complying with California’s tough overtime exemption rules.
Just gather your HR team and managers around a phone and an Internet hookup. We’ll explain how to stay in compliance with the state’s overtime classification regulations, so you can keep your company out of court.
You can have your supervisors stay for all five sessions, or swap them in and out so that they’re attending just the sessions you want them to focus on (and if you stay for the whole training, you can earn up to 5 hours of HRCI credit).
Each session will include about 45 minutes of presentation time, followed by 15 minutes of live Q&A. You may submit your questions in real time, either over the phone or using the webinar interface – anonymously, if you wish.
Best of all, you can train your entire team for one low registration rate. It’s incredibly cost-effective training.
To learn more, click here.