Legal Question in Employment Law in California

Wage and Hour Question

We currently have employees working a four day work week, 10 hour shift.

When the overtime law changes January 2000, will we be required to pay overtime for two hours each of the four days or will some allowance be made for employees/employers opting for a four day work week vs a five day work week?


Asked on 10/27/99, 8:31 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Wage and Hour Question

The new law provides for 4/10 schedules, without overtime until after the 10th hour. However, you must go through several steps to establish any altrnative schedule, including, notice to employees with disclosure of the impact of the schedule, a secret ballot vote and a written agreement. Existing employees can seek a hardship accomodation and employees can overturn the schedule with a new vote after a period of time. These procedural steps are critical and failure to comply can cause the hours after 8 in each day to be considered overtime hours. I suggest careful study of the new law prior to implimenting or continuing any alternative schedule after 1/1/00.

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Answered on 10/30/99, 8:48 pm


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