(a) An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. subdivision (a) of Section 510 (h) Notwithstanding subdivision (f), if an employee is voluntarily working an alternative workweek schedule providing for a regular work schedule of not more than 10 hours’ work in a workday as of July 1, 1999, an employee may continue to work that alternative workweek schedule without the entitlement of the payment of daily overtime compensation for the hours provided in that schedule if the employer approves a written request of the employee to work that schedule.  A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit. Alternative workweeks are popular in California. « Prev. This site has been upgraded to assure you a positive Thomson Reuters Westlaw experience. An alternative workweek schedule (AWS) means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. Microsoft Edge. § 511 (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511 (e). The Legislature codified the Executive Order in Labor Code Section 248. CA Labor Code § 511 (2017) (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. (a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing … (i) For purposes of this section, “work unit” includes a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision thereof. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final. (Labor Code § 511) Industrial Welfare Commission wage orders provide further requirements applicable to specific industries, including the following: The proposal must be in the form of a written agreement from the employer. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election?  An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by Read this complete California Code, Labor Code - LAB § 511 … . © 2020 LawServer Online, Inc. All rights reserved. California Labor Code section 511 allows employers to institute a regularly scheduled alternative-workweek under which employees may work more than eight hours in a 24-hour period, up to 10 or 12 hours per day (in limited cases), without an entitlement to overtime wages. Section 515 Authority cited: Section 1173, Labor Code; and California Constitution Article XIV, Section 1. ... for employers who have 500 or more employees nationwide can receive COVID-19 related supplemental paid sick leave under California law. (g) Notwithstanding subdivision (f), an alternative workweek schedule in the health care industry adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to Wage Order Numbers 4 and 5 in effect prior to 1998 that provided for workdays exceeding 10 hours but not exceeding 12 hours in a day without the payment of overtime compensation shall be valid until July 1, 2000. California Code of Regulations. California Labor Commissioner, California Commission on the Status of Women and Girls and The Office of the First Partner Launch Workplace Rights Ambassador Project #EqualPayCA Trainings . (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. As under the HWHFA, employers may not require that employees exhaust other available leave before using the new leave or find a replacement worker for when they take leave. Share This Page. Firefox, or (h) Notwithstanding subdivision (f), if an employee is voluntarily working an alternative workweek schedule providing for a regular work schedule of not more than 10 hours' work in a workday as of July 1, 1999, an employee may continue to work that alternative workweek schedule without the entitlement of the payment of daily overtime compensation for the hours provided in that schedule if the employer approves a written request of the employee to work that schedule. subdivision (j) of Section 12940 of the Government Code, Read this complete California Code, Labor Code - LAB § 511 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact.  The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. subdivision (c) of Section 500 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Section 1174. An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of … 2011 California Code Labor Code DIVISION 2. (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. We recommend using (i) For purposes of this section, “work unit” includes a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision thereof. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. General Section 511 California Labor Code Section 510. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. , the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with  Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. Welcome to the newly enhanced site for the California Code of Regulations.  An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. CA Labor Code § 512 (2017) (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. (c) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal, or nullification of an alternative workweek schedule. Copyright © 2020, Thomson Reuters. (C) Notwithstanding subparagraph (A) or (B), a hiring entity shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a covered worker for COVID-19 supplemental paid sick leave taken by the worker. An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code. california labor code table of contents general provisions ..... 1-29.5 division 1. department of industrial relations chapter 1. general powers and duties ..... 50-64.5 chapter 1.5. mediation ..... 65-67 chapter 2.  Notwithstanding .  Any alternative workweek schedule that was adopted pursuant to Wage Order Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null and void, except for an alternative workweek providing for a regular schedule of no more than 10 hours' work in a workday that was adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to wage orders of the Industrial Welfare Commission in effect prior to 1998.  This subdivision does not apply to exemptions authorized pursuant to Spring 2009 – Newsletters California Update - Second Quarter 2009. subdivision (j) of Section 12940 of the Government Code A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. Reference: Sections 1182 and 1184, Labor Code HISTORY 1. Labor Code 512 requires California employers to give unpaid lunch breaks to non-exempt employees.Lunch breaks must be uninterrupted.Employers cannot require employees to do any work while on their lunch breaks. Since then, more than 14,000 employee “work units” have voted to adopt alternative schedules in the sealed ballot elections required by the bill, codified as Labor Code Section 511(a). 511. Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. California Labor Code, section 511 (as amended in 2009) and most of the current Industrial Welfare Commission (IWC) orders provide for alternative workweek schedules. Section 511. (c) An employer shall not reduce an employee's regular rate of hourly pay as a result of the adoption, repeal or nullification of an alternative workweek schedule. (f) Any type of alternative workweek schedule that is authorized by this code and that was in effect on January 1, 2000, may be repealed by the affected employees pursuant to this section. However, the employer and employee can agree to waive the meal break if the worker’s shift is less than 6 hours. Any alternative workweek schedule that was adopted pursuant to Wage Order Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null and void, except for an alternative workweek providing for a regular schedule of no more than 10 hours’ work in a workday that was adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to wage orders of the Industrial Welfare Commission in effect prior to 1998. Internet Explorer 11 is no longer supported. Every person employing labor in this state shall: (a) Eight hours of labor constitutes a day’s work. 88. 46, Sec.  A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. (f) Any type of alternative workweek schedule that is authorized by this code and that was in effect on January 1, 2000, may be repealed by the affected employees pursuant to this section. All rights reserved. FCC Again Rejects Net Neutrality Even as Controversy Reignites. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. California Labor Code 511 – (a) Upon the proposal of an employer, the employees of an ….  Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. (SB 1038) Effective June 27, 2012.). (Amended by Stats. The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California.The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Sec.  An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. Begin typing to search, use arrow keys to navigate, use enter to select. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the … Submitted to OAL for printing only pursuant to Labor Code section 517 (Register 2002, No. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 1. (b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. CFR > Title 29 > Subtitle B > Chapter V - Wage and Hour Division, Department of Labor, Arizona Laws > Title 23 > Chapter 2 > Article 5 - Hours of Labor, California Codes > Labor Code > Division 2 > Part 2 - WORKING HOURS, Connecticut General Statutes > Chapter 558 - Wages, Illinois Compiled Statutes > Chapter 820 > Wages And Hours, Indiana Code > Title 22 > Article 2 - Wages, Hours, and Benefits, Kentucky Statutes > Chapter 337 - Wages and Hours, Missouri Laws > Chapter 290 - Wages, Hours and Dismissal Rights, New York Laws > Labor > Article 12 - Fair Wages Task Force, New York Laws > Labor > Article 5 - Hours of Labor, New York Laws > Labor > Article 6 - Payment of Wages, New York Laws > Labor > Article 8-A - Grade Crossing Elimination Work; Hours, Wages, Employment and General Requirements, New York Laws > Labor > Article 9 - Prevailing Wage for Building Service Employees, Tennessee Code > Title 50 > Chapter 2 - Wage Regulations, Texas Labor Code > Title 2 > Subtitle C - Wages. 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