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Temp/Perm Schedule changes California

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  • Temp/Perm Schedule changes California

    the leadership at my wife's office is inducing a moderate schedule change. They will in a nutshell go from a traditional M-F 8 hour shift schedule(8am-5pm) to a M-Th 10 hour shift schedule (8am-7pm).

    They gave her notice Wednesday and after discussing daycare issues with her boss they won't budge. Now she is afraid of losing her job because she can't stay until 7PM due to daycare for our 2 kids.

    Unfair!! But is this legal?

  • #2
    I know California has some wacky laws but it is legal for the employer to set the schedule, yes.

    Comment


    • #3
      thanks for responding so quickly. In this case, I guess it is what it is....thanks again.

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      • #4
        Because of daily overtime laws in CA, I believe a change from a five day eight hour shiftschedule to a four day ten hour shift schedule must be by vote of the employees.

        Did such a vote take place?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          no vote took place on this caper.

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          • #6
            Just to be clear, we have two very different issues here.
            - The employer can always unilaterally make the change unless there is a contract or CBA to the contrary.
            - However, the employer making the change unilaterally does not make the CA daily overtime go away. Only an AWS election can do that. If there is a valid AWS in place, then it can be verified at the following website. No verification means that daily overtime must be paid. HOWEVER, the employer can still go to 4 x 10 schedule as long as they are willing to pay daily overtime. The presence or absence of an AWS has nothing to do with the employer's ability to force the 4 x 10 schedule, just whether or not daily OT is due.
            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)

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            • #7
              well now I know for a fact that a meeting took place on the matter discussing the new changes in schedule and how soon it would take into effect. However no actual tallied vote or otherwise was taken of the employees.

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              • #8
                sorry, as well nothing on the DLSR website for alternative workweek has been filed for her company. Mgmt indicated this is a cost cutting measure. Perhaps it will be less of a cost cutting measure if indeed they are on the hook for the OT.

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                • #9
                  Agree with the above, they can change the schedule but must pay the OT.
                  Maybe your wife can inform management about the Alternative workweek procedures.

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                  • #10
                    I just spoke to her and outside of the displeasure of having a schedule they didn't have a say in, they do understand that an employer has that right. I will let her know so that she may notify management. This will hopefully stall things enough to nullify the change on their behalf or enough time for me to get her out of there.

                    Thanks to all for the help, this has been a great outlet for information and a pleasure.

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                    • #11
                      Interesting, because most people I know would love a 4/10 schedule.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        I would love it too but it gives us no time to find adequate alternative daycare for our kids. Bummed!!

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                        • #13
                          The one problem I have with a 4 x 10 schedule is that if overtime is needed, no one wants to work it, because they are already starting with a long day. Past that, you generally have to have employees cover all 5 weekdays, but no one wants to work either Monday or Friday. Sort of solution that looks great at a distance, but maybe less so up close.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

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