Invalidating Alternative Workweeks

The Labor Commissioner invalidates alternative workweeks for many reasons. Some of the most common include:

  • The alternative workweek schedule was improperly implemented:
    • A secret ballot election was not conducted.
    • Too many hours are scheduled per day.
    • The schedule was not reported to DIR.
    • Too many employees in the work unit are not on alternative workweek schedules.
  • You did not pay overtime properly for the alternative workweek schedule.
  • The people on the alternative workweek schedule no longer belonged in the original work unit.
  • Employees consistently work outside the regular schedule.
  • The alternative workweek schedule was changed without the required procedures. For example, you ask employees on a 4/10 schedule to work a 4/9 schedule during off-peak months.
  • A collective bargaining agreement containing an alternative workweek schedule expired.

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