So, what happens if you have been running an alternate workweek schedule and you didn't submit that election to the State? What year did it become required to submit this information to the state? Do they come back and say shame on you, or do they come back and say you owe overtime for those days in excess of 8 hours because you didn't properly submit it to the State.

Unfortunately, the answer is that you may owe overtime if there is no election on file with the state. Only a secret ballot election on file with the state will qualify non-exempt employees to work an alternative work week.

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

Had a feeling that's what somebody would say. Thanks.