California Labor Code Section 511 and some Industrial Welfare Commission (IWC) Wage Orders provide for alternative workweek schedules. An alternative workweek schedule means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period without overtime pay.
An alternative workweek schedule can be created for any readily identifiable work unit, such as a division, department, job classification, shift or separate physical location, with the approval by secret ballot election of at least two-thirds of the affected employees in the work unit.
Step 1: Determine Which Alternative Workweek Schedules Apply to the Organization
Not all IWC orders provide for alternative workweek arrangements. Alternative workweeks are provided for in Orders 1 through 13, 16 and 17.
The California Division of Labor Standards Enforcement Policies and Interpretations Manual explains the wage order provisions for alternative workweek arrangements. There are differences within the orders and among the industries covered by the specific orders, both in the schedules that may be adopted and in the election procedures to be used. Special alternative workweek rules apply for certain health care workers. Consequently, a careful review of the provisions of both the IWC orders and the Labor Code sections must be made to understand the alternative workweek rules. If an alternative schedule is not implemented correctly, the organization may be subject to significant...
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