California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. No overtime required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek. If your employee resigns, labor laws in California state that you must pay them their final wages on their last day of work. Labor Laws for 8, 10, 12-Hour Shifts (Alternative Workweek Schedules) in California. Labor Code 512 LC — Meal periods; requirements; order permitting meal period after six hours of work; exceptions; remedies under collective bargaining agreement. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.”), Labor Code 510 LC — Day’s work; overtime; commuting time. A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. . of Industrial Relations: Meal Periods. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. What is a “Pyramid Scheme” in Palm Springs, California? An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three (3) day alternative workweek schedule. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees … Spend more than one-half of their work time performing intellectual, managerial or creative work; Customarily and regularly exercise discretion and independent judgment in performing those job duties; and, Earn a monthly salary equivalent to at least twice the. Under California labor laws, non-exempt employees shall not work more than eight (8) hours in any workday or more than 40 hours in any workweek unless they are compensated with overtime pay.1, Some employers may utilize an “alternative workweek schedule.” However, employees on a regularly scheduled alternative workweek shall not work longer than ten (10) hours in a day within a 40-hour workweek without payment of overtime.2, In addition, rest breaks are required for non-exempt employees who work three and a half (3 ½) or more hours in a day. More than eight (8) hours in a single workday; More than forty (40) hours in a single workweek; or. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. Hours and Days of Work (B) Alternative Workweek Schedules (1) No employer, who has control over the wages, hours, and working conditions of employees, shall be deemed to have violated the provisions of Section 3, Hours and Days of Work, by instituting, pursuant to the election procedures set forth in this order, a regularly scheduled alternative workweek pursuant to the following conditions: (a) The alternative workweek schedule shall provide for work by the affected employees of no longer than ten (10) hours per day within a 40 hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. Secure scheduling laws restrict employee work days to a maximum amount. Employees work nine hours on seven of the days in the period, one eight-hour day, and get one “free” day off every other week. There’s one exception to this rule: If your business is authorized to operate on an Alternative Workweek Schedule (AWS). 8 C.C.R 11040. Shouse Law Group is here to help you fight back. Under California labor laws, non-exempt employees shall not work more than eight (8) hours in any workday or more than 40 hours in any workweek unless they are compensated with overtime pay. California Elections Code section 14000 allows workers up to two hours off, without a loss of pay, to vote if they do not have enough time to do so in their non-work hours. We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. App. California Independent Contractor Law: Employers sometimes misclassify workers as “independent contractors” rather than “employees.” California overtime Rules for Working 7 Consecutive Days - Read the Wage and Hour Law legal blogs that have been posted by Norman B. Blumenthal on Lawyers.com Any work in excess of eight (8) hours on any seventh day of a workweek is compensated at twice the regular rate.18. Compared to other states, California has complex labor laws regarding work schedules. A 9/80 schedule compresses 80 hours of work into nine work days instead of the usual 10 under a regular bi-weekly schedule. 8 California Code of Regulations (“C.C.R”) 11040. What happens if my employer makes me work extra hours without overtime? Garcia received her Master of Science in accountancy from San Diego State University. An employer has the right to dictate the work schedule and the hours worked by their employees as long as the overtime wage laws are adhered … Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. Please complete the form below and we will contact you momentarily. There’s one exception to this rule: If your business is authorized to operate on an Alternative Workweek Schedule (AWS). 11040. I used to work for another department that used the traditional 24/48 schedule and I think the California swing shift is far superior. Compared to other states, California has complex labor laws regarding work schedules. Rather than basing overtime solely on hours worked in excess of 40 a week, California also requires overtime pay for any hours worked over eight in one day, and any work days over six in a workweek. For example, some jobs have work schedules that vary depending on the season. “Workweek” is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.”), 8 C.C.R. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. However, there are certain exceptions to this law. They work the same number of hours but they get an additional day off and less time commuting. This law protects employees from overwork. Alternative Workweek Scheduling Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. These rest periods are commonly set at 8 hours or 10 hours of rest between an employees end of shift and the beginning of the next shift. While not a law in California, other states and local cities have passed scheduling mandates that require employers to set schedules for employees well in advance, and if the employer changes the schedules within a certain time frame, the employer must pay a penalty for the change. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also … An employee may be classified as exempt if her job duties require creative thought and independent judgement. California employees, like those in all states, are covered by federal wage and hour laws. (3. Like federal law, California law does allow employers to penalize its employees if they refuse to do overtime work. . Employers must provide employees with prompt notice of any schedule changes. The meal break must be provided within the first 5 hours of the workday. Firefighters are on duty for 48 hours then off for 4 days. A workweek is considered a fixed and regularly recurring period of 168 hours, or seven (7) consecutive 24-hour periods.8, Some employers use an “alternative workweek schedule.” An alternative workweek schedule may allow employees to work more than eight (8) hours in a day but not more than ten (10) hours in a day without overtime.9, Employees working over their alternative workweek scheduled hours or over 40 hours per week are compensated at not less than one and one-half (1 ½) times the regular rate of pay. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. For example, if an employee is scheduled to work from 8 a.m. to 5 p.m., he must begin his break by 1 p.m. at the latest. The 9/80 work schedule is an alternative to the traditional 40-hour workweek that consists of eight-hour days, five days per week, every week. 8 C.C.R 11040, section 12 (Rest Periods), endnote 3 above. The California Industrial Welfare Commission adopted a wage order requiring employers to pay their employees for "reporting time" if they send them home for a lack of available work. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. In addition to Simon’s regular 40 hour work week salary, Simon will be paid overtime at time and a half for the first 12 hours he worked on Saturday and double time for the 13th and 14th hours of Saturday. However, Any work in excess of 12 hours in one day is compensated at no less than two (2) times the regular rate of pay for an employee. Another, less common but similar, schedule pattern is the 48/96. California requires that the employer pay 1 1/2 times the employee's regular rate after he works more than eight hours in one day or 40 hours in one week. SB 878, in its current form, requires covered employers to provide all non-exempt employees with their work schedule, setting forth all hours of work, at least seven … Nonexempt employees are required to take both paid and unpaid breaks during the work day. The law requires workers to notify their employers two working days before the election if they need to take time off to vote. This is required by California Labor Code, Section 202 . Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours … For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. Such a schedule can be implemented after a vote of all employees in a … Any work in excess of 12 hours per day is compensated at not less than double the employee’s regular rate of pay.10, Non-exempt employees are entitled to overtime, rest breaks, and meal breaks under California labor laws. Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. 11040. Provide employees with their work schedules at least 14 days in advance; If a change is made to an employee’s schedule after the work schedule is posted, the employer may be required to compensate the employee for the changes 24 hours to 7 days’ notice: Employers are required to pay one hour of pay at a regular rate The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. For example, California has daily overtime laws in addition to weekly overtime. For example, if the employees appear for work at 7 a.m., take a 30-minute off-duty meal period at 11 a.m., and leave at 5 p.m., the total hours worked are 9.5 hours. Although California legislatures are currently looking at a more comprehensive secure scheduling law, California already has a scheduling law on the books. . California labor laws regarding overtime pay and mandatory breaks only apply to nonexempt employees. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.”), 8 C.C.R. Workforce Software: California Labor Laws, Paul, Plevin, Sullivan and Connaughton LLP: California Modifies its Alternative Workweek Schedule Rules.