(May 12, 2011) Both employers and employees will benefit from legislation providing flexibility in implementing alternative workweek schedules, the California Chamber of Commerce told a Senate policy committee yesterday.
Speaking in support of SB 378 (Dutton; R-Rancho Cucamonga), CalChamber Policy Advocate Jennifer Barrera commented that the bill will help eliminate administrative costs and burdens for small employers in particular.
“Although this bill is not a comprehensive fix to the various problems employers face with alternative workweek schedules, it does provide incremental changes that will provide some relief to employers who are dealing with the alternative workweek process,” Barrera stated.
California Labor Code section 511 requires that in order to remain valid, an alternative workweek schedule must be “regularly scheduled.”
Unexpected Changes
CalChamber Policy Advocate Jennifer
Barrera and Senate Republican Leader
Bob Dutton (R-Rancho Cucamonga).
Photo by Megan WoodCalChamber-sponsored SB 378 defines “regularly scheduled” to clarify that the combination of days and hours adopted as the alternative workweek schedule through the secret ballot election, such as four, 10-hour days a week, must remain consistent, but the actual days the schedule falls upon does not.
For example, if the four, 10-hour days are scheduled Monday through Thursday, but an employee has a sick child at home on Wednesday and would like to switch that workday to Friday, SB 378 would allow the employer to do so without risking the validity of the alternative workweek schedule.
Similarly, if the employer’s business fluctuates depending upon the time of the year, SB 378 would allow the employer to adjust the schedule accordingly.
Basically, the definition of “regularly scheduled” provided by SB 378 allows employers the flexibility to accommodate unexpected changes in an employee’s schedule that require the employee to change his/her schedule with limited notice, as well as to adjust for changing business needs.
12-Hour Workday
Equally important is codifying the state Court of Appeals holding in Mitchell v. Yoplait, 122 Cal.App.4th Supp. 8 (2004), which confirms employees may adopt an alternative workweek schedule that requires employees to work up to 12 hours in a workday, as long as the employees are paid at the appropriate overtime rate as set forth in Labor Code Section 511.
Codifying this language confirms employees’ ability to adopt an alternative workweek schedule, with daily work hours that best fit their needs.
Help for Small Employers
Finally, SB 378 exempts small employers with five employees or fewer from incurring the administrative cost and burden of conducting an election for the adoption of an alternative workweek schedule.
The CalChamber believes employers with such few employees should be able to negotiate through a written agreement, revocable by either party, the daily/weekly schedule that satisfies the needs of both the employee(s) and the employer.
Action Needed
At the May 11 hearing, the Senate Labor and Industrial Relations Committee did not vote on SB 378, but agreed to schedule an informational hearing at some unspecified date in the future to hear more evidence about the need for the bill.
The CalChamber encourages employers to contact their Senate representatives to voice support for the flexibility provided by SB 378.
An easy-to-edit sample letter is available at www.calchambervotes.com.
Staff Contact: Jennifer Barrera