Alternative Workweek Scheduling

Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. Such a schedule can be implemented after a vote of all employees in a work unit following proper disclosure and procedures.

Although adopting an alternative workweek schedule can reduce overtime costs, it also greatly limits an employer’s scheduling flexibility and therefore is best suited for employers who typically have regular working hours that rarely need to change.

Adopting such a schedule requires following a specific set of steps, and failure to comply with even one requirement may invalidate the schedule and result in awards of three or four years of back overtime pay.1 Employers are advised to seek legal counsel to ensure they properly develop, implement and maintain such a schedule.

Alternative Workweek DefinedAlternative Workweek Defined
An “alternative workweek” is defined as “any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.”

Creating an Alternative Workweek ScheduleCreating an Alternative Workweek Schedule
Creating an alternative workweek schedule requires careful planning and excellent record keeping. The following step-by-step guide shows you how to create an alternative workweek schedule under California law. Also, see the Alternative Workweek Policy Checklist to help guide you through creating and implementing a policy.

Maintaining the Alternative Workweek ScheduleMaintaining the Alternative Workweek Schedule
Once approved, you must comply with the requirements discussed in this section to properly maintain the alternative workweek schedule.

Paying Overtime in an Alternative WorkweekPaying Overtime in an Alternative Workweek
You can require employees on an alternative workweek schedule to work overtime.

Repealing the Alternative Workweek ScheduleRepealing the Alternative Workweek Schedule
An employer may terminate an alternative workweek schedule unilaterally without holding a repeal election, but only after providing reasonable advance notice to employees.

Invalidating Alternative WorkweeksInvalidating Alternative Workweeks
The Labor Commissioner invalidates alternative workweeks for many reasons.

Exceptions to the Alternative WorkweekExceptions to the Alternative Workweek
There are certain exceptions or variations to the alternative workweek scheduling provisions.

1.Code of Civil Procedure sec. 338(a); Lab. Code sec. 1194; Cortez v. Purolator Air Filtration Products Company, 23 Cal. 4th 163 (2000)

Forms

Q&As

News

Deep Dive: Alternative Workweeks for Nonexempt Employees
February 22, 2024