The organization may propose a single work schedule that would become the standard schedule for employees in the work unit or a menu of work schedule options from which each employee in the unit could choose. Step 3: Determine Workweek Days and Hours A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section are met for example, only one employee exists in a particular department or job. The Labor Code defines a "work unit" as a division, a department, a job classification, a shift, a separate physical location or a recognized subdivision thereof. The next step is to carefully identify and select which group(s) of employees will be eligible for the alternative workweek schedule. If an alternative schedule is not implemented correctly, the organization may be subject to significant liability for overtime wages. Consequently, a careful review of the provisions of both the IWC orders and the Labor Code sections must be made to understand the alternative workweek rules. Special alternative workweek rules apply for certain health care workers. There are differences within the orders and among the industries covered by the specific orders, both in the schedules that may be adopted and in the election procedures to be used. The California Division of Labor Standards Enforcement Policies and Interpretations Manual explains the wage order provisions for alternative workweek arrangements. Alternative workweeks are provided for in Orders 1 through 13, 16 and 17. Not all IWC orders provide for alternative workweek arrangements. Step 1: Determine Which Alternative Workweek Schedules Apply to the Organization An alternative workweek schedule means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period without overtime pay.Īn alternative workweek schedule can be created for any readily identifiable work unit, such as a division, department, job classification, shift or separate physical location, with the approval by secret ballot election of at least two-thirds of the affected employees in the work unit. California Labor Code Section 511 and some Industrial Welfare Commission (IWC) Wage Orders provide for alternative workweek schedules.
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