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We recommend using 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. Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state … 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. All rights reserved. Spring 2009 – Newsletters California Update - Second Quarter 2009. 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.  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. Section 515 If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted towards computing the total number of hours worked in a day for purposes of the overtime requirements specified in 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. LawServer is for purposes of information only and is no substitute for legal advice. 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. (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. New article 17 (section 11170) and section filed 1-4-2002; operative 1-1-2001. © 2020 LawServer Online, Inc. All rights reserved. . FCC Again Rejects Net Neutrality Even as Controversy Reignites. An employer in the health care industry shall make a reasonable effort to accommodate any employee in the health care industry who is unable to work the alternative schedule established as the result of a valid election held in accordance with provisions of Wage Order Number 4 or 5 that were in effect prior to 1998. Copyright © 2020, Thomson Reuters. subdivision (a) of Section 510 Submitted to OAL for printing only pursuant to Labor Code section 517 (Register 2002, No.  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.  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 (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 … (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. An alternative workweek schedule (AWS) means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. 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). Next ». 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.  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. General Section 511 (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. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. Notwithstanding subdivision (c) of Section 500, the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with subdivision (a) of Section 510. (a) Eight hours of labor constitutes a day’s work. One common version is the "4-10" in which employees work four 10-hour days and receive an extra day off each week. 88. 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. Section 1174. (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. (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. 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. “Who wouldn’t want a three-day weekend?” says Stacy E. James, an employment law attorney at Littler Mendelson in San Diego. Google Chrome, (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. ... 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.  An employer in the health care industry shall make a reasonable effort to accommodate any employee in the health care industry who is unable to work the alternative schedule established as the result of a valid election held in accordance with provisions of Wage Order Number 4 or 5 that were in effect prior to 1998. (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. (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 … CA Labor Code § 514 (2017) Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 … 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. Begin typing to search, use arrow keys to navigate, use enter to select. Firefox, or 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). 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. 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. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 1. subdivision (j) of Section 12940 of the Government Code Read this complete California Code, Labor Code - LAB § 511 … However, the employer and employee can agree to waive the meal break if the worker’s shift is less than 6 hours. 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.  Notwithstanding California Labor Code, section 511 (as amended in 2009) and most of the current Industrial Welfare Commission (IWC) orders provide for alternative workweek schedules. Nothing in this section requires an employer to combine more than one rate of overtime … California Labor Code Section 510.  A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. (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. Sec. 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. 2011 California Code Labor Code DIVISION 2. (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. (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. 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. (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. Welcome to the newly enhanced site for the California Code of Regulations. (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.  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. , the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with Reference: Sections 1182 and 1184, Labor Code HISTORY 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. Every person employing labor in this state shall: FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. California Code of Regulations. This website is maintained by Thomson Reuters. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Share This Page. (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. . This database contains the following information: company name, address, city, state, zip code, county, date of election, date on letter, date received, vote, work … (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. 512. « Prev. § 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. California Labor Code 511 – (a) Upon the proposal of an employer, the employees of an …. 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. 2012, Ch. 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. (SB 1038) Effective June 27, 2012.).  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. Authority cited: Section 1173, Labor Code; and California Constitution Article XIV, Section 1. (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. Printer Friendly. 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 . (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. 511. This subdivision does not apply to exemptions authorized pursuant to Section 515. For more detailed codes research information, including annotations and citations, please visit Westlaw.  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 (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. 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. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the … (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. (Amended by Stats. They also cannot discourage employees from taking one. (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. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Alternative workweeks are popular in California. Section 511. Internet Explorer 11 is no longer supported. Just as it enforces California’s paid sick leave law (the HWHFA, codified in the California Labor Code), so too will the California Labor Commissioner enforce AB 1867. This site has been upgraded to assure you a positive Thomson Reuters Westlaw experience. 1). In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. California Labor Code Section 511. 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. Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met.  Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. (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. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee … 46, Sec. (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. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. 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. . 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. The Legislature codified the Executive Order in Labor Code Section 248. Microsoft Edge. On February 20, 2009, the Governor signed a bill of amendments to Labor Code § 511, which authorize alternative workweek exemptions to overtime rules. subdivision (c) of Section 500 For purposes of information only and is No substitute for legal advice the employer employee! 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