(June 17, 2008) News reports and calls to the California Chamber of Commerce indicate that the rising price of gas, food and energy is forcing workers and businesses to look for ways to economize.
Gasoline in California cost $4.43 per gallon this week, more than double the price of a year ago, according to the Energy Information Administration.
In addition, traffic congestion is getting worse and Californians are increasingly looking for ways to clean up the environment.
One strategy that would have a positive impact on household gas budgets, commuter congestion and the environment would be permitting employees to work alternative work schedules such as four 10-hour days rather than five eight-hour days in a week.
Alternative Workweek
California law allows an employer to implement alternative schedules for all employees in a specified work unit by following a series of steps, including holding a secret ballot election.
Under current Labor Code 511 and following Industrial Welfare Commission wage orders, employers may institute alternative work schedules if two-thirds of affected employees agree to the arrangement by secret ballot.
In moving to an alternative work schedule, however, an employer must carefully follow the rules so as to avoid being subjected to potential lawsuits.
More information about establishing an alternative workweek schedule is available in the CalChamber’s California Labor Law Digest and in Chapter 56, “Alternative Workweek Arrangements,” of the Division of Labor Standards Enforcement field enforcement manual at www.dir.ca.gov/dlse/Manual-Instructions.htm.
Although the multi-step process can be challenging and cumbersome, it does present an opportunity for employers to implement 4/10 schedules to benefit their employees and their business.
Flexible Workweek Legislation
As an alternative to the current process, the CalChamber has sponsored legislation for four years in a row to allow an employer to agree to an individual employee’s request to work an alternative schedule.
This year, the CalChamber and many local chambers of commerce sponsored AB 2127 (Benoit; R-Bermuda Dunes), which would have permitted an individual employee in a non-union workplace to request, and the employer to grant, an alternative workweek schedule without going through the election process.
Following opposition by organized labor for the fourth consecutive year, the bill failed to pass the Assembly policy committee on a party-line vote.
The CalChamber will continue to work toward removing or minimizing barriers for employers and employees to agree to flexible alternative work schedules.
More Information
A future top story will include a step-by-step guide to implementing an alternative work schedule in accordance with the current requirements. Information also is available on the CalChamber’s HR California website.
CalChamber preferred and executive members can call the Labor Law Helpline for assistance.
Take Survey
Readers whose companies have implemented or would like to implement an alternative schedule in the workplace can help the CalChamber by taking the survey at www.calchamber.com/altworkweek.
Staff Contact: Marti Fisher