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View Full Version : California: Most Widely Accepted Definition of "Flex Time"


MyJobBlows
11-27-2006, 10:53 AM
What is the most widely accepted definition of the term "flex time" in the context of a full-time, NON-exempt employee's work hours?

Beth3
11-27-2006, 11:04 AM
People use the term flex-time to mean so many different scheduling arrangements (including things that aren't remotely flex time) that it's really difficult to find a commonly understood definition. What it's SUPPOSED to mean is that the employer has a core schedule every day that all employees are required to work (say, 9am - 3pm) and that employees may flex their start and stop time around those hours with their manager's approval.

For example, one employee works 7am - 4pm, another works 8am - 5pm, and so on. What it doesn't mean is that an employee can come and go as he or she pleases - unless the boss specifically says the employee may do so.

MyJobBlows
11-27-2006, 01:00 PM
Perhaps it would help me to get a more specific answer if I'm more specific with my question. My company's Employee Handbook reads: "A normal workday is 8 hours. However, flex-time may be available, subject to a manager's approval."

My manager approved my request to work a schedule of 9-5, but the HR manager and the CEO are opposed to that schedule, citing that they don't consider a 9-5 schedule to constitute a full 8 hour workday. When presented with the somewhat vague verbiage in the Employee Handbook, the CEO stated that he doesn't interpret flex-time to include a 9-5 schedule.

This is where I'm a bit confused - if flexibility in "normal" workday hours (that is not to say coming and going as an employee pleases, but rather, establishing a viable alternative, regular schedule) isn't the intended meaning of flex-time, then what IS? Also, aren't vaguely written terms (such as the blurb regarding flex-time in my Employee Handbook) generally interpreted by the law in favor of the party who was NOT responsible for committing those terms to writing? At least in the case of straight contract disputes, that seems to be how it works.

Any insight into this murky topic is greatly appreciated.

Marketeer
11-27-2006, 01:17 PM
Well, first of all you'd have to prove that your employee handbook rises to the level of a bona fide, enforceable contract. The vast majority (99.99 percent) of handbooks are not construed by the courts to be contracts.
Second, almost every employee handbook contains language that says, in effect, management can change things in the handbook as it sees fit.

In addition, you're in California, and California is very, very strict about making sure that employers give employees lunch breaks, which may be what you're up against here. Letting you work 9 to 5 and paying you for 8 hours without a lunch break could cause your employer legal problems.

m0nk3d0
04-01-2008, 10:44 AM
I'm sorry to give so much information but I'm trying to concatenate almost 5 years of employment history.

I am a CA state employee and have a rare job in a 40 hour work week world. I am a permanent part time employee, meaning I work 20 hours a week. Now, no matter how you slice it 20 hours always leaves you with partial days, unless you do two ten hour days.

When I was hired it was told that my position had flex time and accepted the position with the mutual understanding that I would be developing a part-time computer consulting business with the balance of the week.

After some occasions where my boss needed a report at the last minute and I was not in the office to provide it for him he mandated that I change my schedule to fixed weekly hours. Since I had a new daugther on the way and had to make day care arrangements the fixed schedule seemed the only option. So, I agreed with the understanding that since I was working 2.5 days a week there could be times I would work 3 days one week and 2 days the next.

I am finally in a position that flex time would again be a great advantage in my Work-Life tightrope act. However, when I approached my boss about returning to it, he's says that he's not willing to make any changes to my schedule before he consults, our currently non-existent (hiring), in house counsel.

Finally, my questions:
First, what recourse if any do I have to get my original terms reinstated or in lieu of that protect my ability to flex the 4 hours from week to week as needed.

Second, are there any best practice guidelines when dealing with a part-time flexible schedule employee?

Thank you for any guidance you may provide.

m0nk3d0

ElleMD
04-01-2008, 10:57 AM
Sorry but the employer sets the hours not the employee. There is no recourse to force your employer to allow you to flex your schedule from week to week as you prefer.

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