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.