An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code.  Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. Section 1174. « Prev. An alternative workweek schedule (AWS) means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. An employer in the health care industry shall make a reasonable effort to accommodate any employee in the health care industry who is unable to work the alternative schedule established as the result of a valid election held in accordance with provisions of Wage Order Number 4 or 5 that were in effect prior to 1998.  Any alternative workweek schedule that was adopted pursuant to Wage Order Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null and void, except for an alternative workweek providing for a regular schedule of no more than 10 hours' work in a workday that was adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to wage orders of the Industrial Welfare Commission in effect prior to 1998.  This subdivision does not apply to exemptions authorized pursuant to Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state … subdivision (c) of Section 500 LawServer is for purposes of information only and is no substitute for legal advice. ... for employers who have 500 or more employees nationwide can receive COVID-19 related supplemental paid sick leave under California law. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 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. 88. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (Labor Code § 511) Industrial Welfare Commission wage orders provide further requirements applicable to specific industries, including the following: The proposal must be in the form of a written agreement from the employer. General Section 511 Share This Page. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final.  Notwithstanding  Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. subdivision (j) of Section 12940 of the Government Code, Read this complete California Code, Labor Code - LAB § 511 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. . (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final. (c) An employer shall not reduce an employee's regular rate of hourly pay as a result of the adoption, repeal, or nullification of an alternative workweek schedule. 2012, Ch. Next ». (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. Firefox, or Notwithstanding subdivision (c) of Section 500, the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with subdivision (a) of Section 510. (SB 1038) Effective June 27, 2012.). , the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. As under the HWHFA, employers may not require that employees exhaust other available leave before using the new leave or find a replacement worker for when they take leave. (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election.  An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election. (b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 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. Labor Code 512 requires California employers to give unpaid lunch breaks to non-exempt employees.Lunch breaks must be uninterrupted.Employers cannot require employees to do any work while on their lunch breaks. (a) Eight hours of labor constitutes a day’s work. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the … CA Labor Code § 514 (2017) Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 … Internet Explorer 11 is no longer supported. california labor code table of contents general provisions ..... 1-29.5 division 1. department of industrial relations chapter 1. general powers and duties ..... 50-64.5 chapter 1.5. mediation ..... 65-67 chapter 2. Copyright © 2020, Thomson Reuters. Submitted to OAL for printing only pursuant to Labor Code section 517 (Register 2002, No. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 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. 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. subdivision (a) of Section 510 Every person employing labor in this state shall: CA Labor Code § 511 (2017) (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 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. (h) Notwithstanding subdivision (f), if an employee is voluntarily working an alternative workweek schedule providing for a regular work schedule of not more than 10 hours’ work in a workday as of July 1, 1999, an employee may continue to work that alternative workweek schedule without the entitlement of the payment of daily overtime compensation for the hours provided in that schedule if the employer approves a written request of the employee to work that schedule. Alternative workweeks are popular in California. (f) Any type of alternative workweek schedule that is authorized by this code and that was in effect on January 1, 2000, may be repealed by the affected employees pursuant to this section. All rights reserved. (C) Notwithstanding subparagraph (A) or (B), a hiring entity shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a covered worker for COVID-19 supplemental paid sick leave taken by the worker. We recommend using (b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. They also cannot discourage employees from taking one. This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511 (e). (Amended by Stats.  The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. 512. “Who wouldn’t want a three-day weekend?” says Stacy E. James, an employment law attorney at Littler Mendelson in San Diego. © 2020 LawServer Online, Inc. All rights reserved.  A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit. This database contains the following information: company name, address, city, state, zip code, county, date of election, date on letter, date received, vote, work … Welcome to the newly enhanced site for the California Code of Regulations. 511. subdivision (j) of Section 12940 of the Government Code A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met.  A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. €“ Newsletters California Update - Second Quarter 2009 of Thomson Reuters Westlaw, the employees of an employer, industry-leading. History 1 – Newsletters California Update - Second Quarter 2009 new article 17 ( section 11170 and. 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