Almost all California employees must be paid overtime of 11/2 times the employee's regular rate for all hours worked in excess of 8 in a workday, hours worked in excess of 40 in a workweek, or hours worked on the seventh consecutive day worked in a workweek. Double time must be paid for hours worked in excess of 12 in a workday or hours worked in excess of 8 on the seventh consecutive day worked in any workweek (A.B. 60; CA Lab. Code Sec. 510, Interim Wage Order--2000).
The law provides an exemption from overtime after 8 hours for regularly scheduled alternate workweeks of no longer than 10 hours per day within a 40-hour workweek (CA Lab. Code Sec. 511). The alternate schedule must be approved in a secret ballot election by two-thirds of the affected employees in a work unit. The schedule may be a single standard or a menu of options from which each employee may select. An employee working more than 8 hours but fewer than 12 pursuant to such an alternative workweek schedule would have to be paid overtime of 11/2 times the employee's regular rate for work in excess of the regularly scheduled hours established by the schedule and for any work in excess of 40 hours per week. Double time would have to be paid for more than 12 hours per day and for hours in excess of 8 on any day that is not one of the regularly scheduled workdays.
Two common alternative workweek schedules are the 4/10 (4-day workweeks of 10 hours each day) and 9/80 (2-week periods of 9 hours each day, except one day with an 8-hour shift, allowing every other Friday off) schedules.
An employer may not reduce an employee's regular hourly rate as a result of the adoption of an alternative workweek schedule. Employers must make a ...