There are several different types of work schedules. To be exempt, the employee must earn a salary that's equivalent to at least twice the state minimum wage for full-time employment. This includes “persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis.”11. 3. Rest breaks must be counted as time worked and must be paid time. Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. 8 C.C.R 11040, section 12 (Rest Periods), endnote 3 above. California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Employees work nine hours on seven of the days in the period, one eight-hour day, and get one “free” day off every other week. San Francisco: Formula Retail Employee Rights Ordinance. How many breaks am I supposed to get during work? Please complete the form below and we will contact you momentarily. What are the workday and workweek requirements under California labor law? Alternative Workweek Rules. I personally work at a department that uses the California swing shift and I love it. Not true. It allows employees to vary their arrival and/or departure times. Otherwise, they are a trap, especially for out-of-state employers with California operations who may not be as intimately familiar with California wage and hour laws, including the requirement of daily overtime. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours per day. Simon will also be paid overtime at time and a half for the first 8 hours he worked on Sunday and double time for the 9th and 10th hours of Sunday. Most scheduling laws require at least a 24-hour notice, however. Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. Would like some clarification on this. California labor laws are a little different from federal labor laws. Truth about Minimum Work Hours per Day. 1. A 9/80 schedule compresses 80 hours of work into nine work days instead of the usual 10 under a regular bi-weekly schedule. 12 . More than six (6) days in a single workweek. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. Additionally, overtime and break requirements may not apply to unionized workers in certain industries with a collective bargaining agreement. 1 Some employers may utilize an “alternative workweek schedule.” When an employer makes the employee work more than the maximum number of hours without paying overtime, the employer may be breaking California labor laws. The agreement must be put in writing. California employment law requires employers to pay overtime when employees work over a certain amount of hours in the workday or workweek. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees … If Jane is on an alternate work week schedule and works beyond 40 hours she will receive overtime. A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. Below, our California wage and hour lawyers discuss the following frequently asked questions about workday and workweek rules and laws for California employees: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. The California Court of Appeals clarified this in the case of Aleman v. AirTouch Cellular, ruled on December 21, 2011. Laura, however, regularly works 10 hours in a 24-hour period, which means she can refuse to work if she is asked to work more than 12 hours in a 24-hour period. If an employer implements an alternate workweek schedule, he may avoid paying nonexempt employees overtime in some situations. Work schedules vary based on the organization and the job. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. Labor Code 512 — Meal periods; requirements; order permitting meal period after six hours of work, endnote 5 above. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. 11040. For example, if the employees appear for work at 7 a.m., take a 30-minute off-duty meal period at 11 a.m., and leave at 5 p.m., the total hours worked are 9.5 hours. According to California Labor Code, Section 551, all California employees, regardless of occupation, are entitled to a least one rest day out of every seven days. California requires that the employer pay 1 1/2 times the employee's regular rate after he works more than eight hours in one day or 40 hours in one week. (b) An affected employee working longer than eight (8) hours but no more than ten (10) hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of not less than one and one-half (1 ½) times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. They were so pleasant and knowledgeable when I contacted them. Nonexempt employees are required to take both paid and unpaid breaks during the work day. If the employee works more than ten hours, he must take at least two 30 minute meal breaks. Firefighters are on duty for 48 hours then off for 4 days. “Workweek” is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.”), 8 C.C.R. Under California law, employers are required to provide employees at least one day’s rest in seven. 11040. California requires that nonexempt employees take both paid breaks and an unpaid meal period break. For example, if an employee is scheduled to work from 8 a.m. to 5 p.m., he must begin his break by 1 p.m. at the latest. No overtime required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek. (“3. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. Exempt employees, unionized employees in certain industries, and independent contractors may not be covered by the same California labor hour/wage laws. What is an “alternative workweek schedule”? An employer has the right to dictate the work schedule and the hours worked by their employees as long as the overtime wage laws are adhered … Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.”), Labor Code 1194 LC — Action to recover minimum wage, overtime compensation, interest, attorney’s fees, and costs by employee. I used to work for another department that used the traditional 24/48 schedule and I think the California swing shift is far superior. Employees generally love Alternative Workweek Schedules. This form of schedule promotes employee morale and satisfaction but can carry potential pitfalls for employers who are not used to this form of scheduling. . Under California law Jane would be entitled for overtime pay for the hours she works in excess of that limit. So even if employees’ weekly hours don’t exceed 40, they will get overtime pay after 8 hours of work in a single day. Simon is a non-exempt employee and generally works 5 days a week, 8 hours a day. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day.3. Under a 9/80 workweek schedule, employees work 80 hours during a two-week period spread over nine days, instead of the usual 10. Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three (3) day alternative workweek schedule. California overtime laws favor employees more than federal overtime rules and exceptions. After five hours of work, employees should get a meal break of 30 minutes, unless their workday will be completed within six hours and as … . Rotating Shift Work Schedule: Rotating work schedules cycle employees throu… 7. 2. We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. SB 878, in its current form, requires covered employers to provide all non-exempt employees with their work schedule, setting forth all hours of work, at least seven … But in California’s case, state law offers employees much greater benefits in terms of minimum wage, overtime laws and work break laws. (“(a) Eight hours of labor constitutes a day’s work. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." 4. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. These rest periods are commonly set at 8 hours or 10 hours of rest between an employees end of shift and the beginning of the next shift. CA Labor Code, Section 500(b) Some employees who are exempt from the standard lunch break and overtime laws include persons employed in administrative, managerial, executive, or professional capacities.12. It allows employees to vary their arrival and/or departure times. Like federal law, California law does allow employers to penalize its employees if they refuse to do overtime work. Successful wage and hour class action lawsuits often involve failure to provide meal breaks, rest periods, or failure to pay overtime. Employees are also entitled to 1 1/2 times regular pay if they work a seventh consecutive work day. Overtime pay for nonexempt employees only can be avoided through an alternative workweek schedule. Meal Break and Rest Break Meal Break and Rest Break You may not require an employee to work for a period of more than five hours per day without providing him/her with a 30-minute unpaid meal break. Workforce Software: California Labor Laws, Paul, Plevin, Sullivan and Connaughton LLP: California Modifies its Alternative Workweek Schedule Rules. Must an employer pay an employee who cannot work during an emergency, such as during a government mandated shut-down? Under California labor laws, non-exempt employees are entitled to overtime pay if they work: Overtime is paid at one and one-half (1 ½) times the regular rate of pay for an employee. The employee must take the break before the fifth hour he works. California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. The case of Aleman v. AirTouch Cellular, ruled on December 21,.... Elected—In this case was brought regarding employee meetings, … Would like some clarification this! 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