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Denny
11-28-2005, 06:37 PM
I work at a 24/7 call center in CA. Management now wants to switch to 12 hour schedules and do away with weekends. Can nonexempt employees work 12 hour schedules?

Pattymd
11-29-2005, 02:34 AM
Yes. Although you have to be paid overtime at 1.5 time from hours 8-12, unless the employees have voted in an alternative workweek.

Denny
11-29-2005, 08:22 AM
Thank you for the reply! So as long as we handle the daily/weekly OT appropriately, or do not exceed a 40 hour week schedule, we can schedule 12's for nonexempt employees without going through the voting process for the alternative workweek?

Beth3
11-29-2005, 08:27 AM
No. CA reg's require that any time worked over 8 hours/day be paid at time and a-half unless a vote is held and the majority of employees agree to the alternatiave work week and OT pay schedule.

If I can find the specific language in CA reg's on this, I'll post back with it.

Beth3
11-29-2005, 08:29 AM
Still looking for the reg but I did stumble upon this:

Pursuant to the provisions of AB60, and effective as of January 1, 2000, every employer conducting an employee vote for the purpose of adopting an alternative work week schedule, must report the results of that vote to the Division of Labor Statistics and Research (“DLSR”). There has been a great deal of confusion as to what information must be provided to the DLSR in this report. The DLSR recently has published an explanation of the specific information which must be reported in an “election result report.”
First, the report must include the company name, phone number, address and contact person. In addition, the report must provide the date of election and information as to whether the election passed or failed, along with numeric election results. There must be a description of the actual alternative work week schedule which was the subject of the election. If more than one person voted, the report must state that the election was held by secret ballot which passed by at least two thirds votes; or , if only one person voted, that the vote was a written ballot in favor of the alternative work week schedule. These reports must be mailed to the Division of Labor Statistics and Research, Attention: Alternative work week election results, P.O. Box 420603, San Francisco, CA 94142.

Beth3
11-29-2005, 08:32 AM
Here you go:

http://www.arb.ca.gov/forms/altww.pdf

It appears this is the voting form that must be used. Page 2 explains the rules for holiday pay and such that is associated with an alternative work week in California.

mtracy
11-29-2005, 02:44 PM
Here you go:

http://www.arb.ca.gov/forms/altww.pdf

It appears this is the voting form that must be used. Page 2 explains the rules for holiday pay and such that is associated with an alternative work week in California.

This link is for certain state employees only. It would not apply to any private sector employees.

The regulations are in each IWC wage order. Here is a link to the one relevant to call centers. Please read section 3(B)-(C) for info on aternate work weeks and their election process. Please note, that you can only elect up to a 10 hour day unless you are in the health care industry.

http://www.dir.ca.gov/IWC/IWCArticle4.html

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