Legal Question in Employment Law in California

Can my employer eliminate the alternative work week? Since my department voted and passed a 2/3 vote to implement the 4/10 (4 days 10 hours) schedule almost 3 years ago, we thought a 2/3 vote would be required to stop the alternative work week. But, last week our employer released a memo stating the alternative work weeks are to be stopped starting next week. Note: we are in California, non-exempt employees, and still want the 4/10 schedule. Thanks.


Asked on 12/10/10, 6:05 pm

2 Answers from Attorneys

Unless part of a union contract, alternative work weeks are at the discretion of the employer with the consent of the employees. The employer is not obligated to offer them and may discontinue them at any time.

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Answered on 12/15/10, 6:12 pm
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Bottom line: it takes a vote of employees to go TO an alternative work week, but not to drop it and return to the 'legal' 5 day/40 hour week.

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Answered on 12/16/10, 12:49 pm


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