Legal Question in Employment Law in California

Terminating the ''Alternaive work week''

This company I work for, about 17 months ago promoted the idea for us to adopt the ''Alternative Work Week'' the 4/40 work week, of course by voting on it. I wasn't present to vote, I never liked it in the first place. Also they said the company would have to let us vote on it each year to see if the 2/3rds wanted to continue with it.

Alot of the employees are tired of this demanding schedule and would like to repeal it by vote. A typical start time is 5:00/5:30am to 3:30/4:00pm with very little personal time after work and just catching up on needed rest on Fridays. But the year passed and it wasn't even offered up as a subject of discussion at our meeting. It was noticably missing on the agenda. ''Hmmmm?'' They stated that we could vote on it but never presented it.

What is our rights as to repealing the 4/40 work week without them retaliating against any one of us grunts for asking to put it to a vote?

Do we have that right to repeal the 4/40 schedule?

What is the ''paper work'' that they have to file with the State of California in order to convert to the 4/40 and do we have access to see that it was filed legally?

Please help with your expertise!

Thanks


Asked on 10/19/04, 11:15 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Terminating the ''Alternaive work week''

If it has been a year since the original election you can petition the employer to conduct a new election. The election must be held within 30 days and if the alternative work week is rejected, the employer must change the schedule within 60 days.

The employer was required to file the results of the election with the Division of Labor Statistics and Research within 30 days days of the election. A phone call to(415) 703-4780 will sllow you to verify that filing and to secure a copy.

If you require futher assistance, feel free to call

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Answered on 10/22/04, 4:44 pm


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