Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Work schedule change California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Work schedule change California

    I just got informed that from now on I will work 5 x 8 hour days a week and not 4 x 10 hours.

    I was told that was because there is much less flexibility in "utilizing" the work hours in 4x10 than 5x8 and that you can not move someone from 5x8 scedule to 4x10 without consent but you can move people from 4x10 to 5x8 without any consent.

    I work in the financial industry in an it department, non exempt.

    What makes 4x10 so much more cumbersome than 5x8?

  • #2
    CA has daily overtime laws. Absent a very formal procedure called an Alternative Work Week, CA employers must pay overtime to Non-Exempt employees who work more then 8 hours in the day.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Originally posted by NewToCA View Post
      I just got informed that from now on I will work 5 x 8 hour days a week and not 4 x 10 hours.

      I was told that was because there is much less flexibility in "utilizing" the work hours in 4x10 than 5x8 and that you can not move someone from 5x8 scedule to 4x10 without consent but you can move people from 4x10 to 5x8 without any consent.

      I work in the financial industry in an it department, non exempt.

      What makes 4x10 so much more cumbersome than 5x8?
      Do you work overtime? are you salaried and considered exempt?
      Walter

      www.Californialaborlaw.info
      "California Wage and Hour Class Action Attorneys"

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

      Comment


      • #4
        I am not trying to get paid for the last two hours a week. I think I am on what is the alternate work week. I WANT to keep my 4x10, not be forced to work 5 x 8.
        I am hourly paid non exempt.

        Comment


        • #5
          Originally posted by NewToCA View Post
          I am not trying to get paid for the last two hours a week. I think I am on what is the alternate work week. I WANT to keep my 4x10, not be forced to work 5 x 8.
          I am hourly paid non exempt.
          It is critical to know whether there is a valid AWW in place. According to this wage order, if there is one, it appears it can only be repealed by another vote of the affected groups.
          http://www.dir.ca.gov/IWC/IWCArticle4.pdf
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Not sure if it is/was a valid aww, some hints are that it was not since half of the group was doing 4x10 and the other 5x8.
            Is there a way to find out if it was valid or not? and if it was not i take it the 4x10 has to go?

            Comment


            • #7
              http://www.dir.ca.gov/databases/dlsr/DLSR-AWE.html
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                my compny does not show up in a search

                Comment


                • #9
                  Then there isn't one and the employer can make the change without the employees' approval.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    And more to the point, the employer could not have previously been legally running a 4x10 schedule without paying daily overtime.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      And what is the repercussions of not having paid the over time?

                      Comment


                      • #12
                        They have to pay it.

                        Affected employees can file claims for unpaid wages with the DLSE.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          how many employees are affected?
                          Walter

                          www.Californialaborlaw.info
                          "California Wage and Hour Class Action Attorneys"

                          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                          Comment

                          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                          Working...
                          X