A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours per day. ⁠16 But that position doesn’t appear to be well-supported (yet). (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.”), Labor Code 1194 LC — Action to recover minimum wage, overtime compensation, interest, attorney’s fees, and costs by employee. Compared to other states, California has complex labor laws regarding work schedules. Another, less common but similar, schedule pattern is the 48/96. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.”), 8 C.C.R. Any work in excess of eight (8) hours on any seventh day of a workweek is compensated at twice the regular rate.18. A work schedule can also vary based on the time of year. CA Dept. Please complete the form below and we will contact you momentarily. (b) An affected employee working longer than eight (8) hours but no more than ten (10) hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of not less than one and one-half (1 ½) 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. How long is a workday and workweek under California labor law? Rest breaks must be counted as time worked and paid by the employer.4, Employees who work more than five (5) hours in a day are also entitled to a thirty (30) minute meal break. During the workday, non-exempt employees are entitled to rest periods and meal breaks. (“2. Regular, non-health care employees, are permitted, in California, to work four 10 hour shifts as a regular schedule without incurring daily overtime for those first 10 hours. They prefer, for example, working four 10-hour days to working five eight-hour days. 6. However, an employee may agree to waive that meal break if the employee does not work more than six (6) hours in the day.5, Employees are limited in the number of maximum hours they can work in a workday and workweek. Compared to other states, California has complex labor laws regarding work schedules. Below, our California wage and hour lawyers discuss the following frequently asked questions about workday and workweek rules and laws for California employees: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. of Industrial Relations: Meal Periods. The FLSA also defines a “work period” as the “work week,” or seven consecutive days, and their normal overtime threshold is the standard 40 hours per week. (“3. For example, some jobs have work schedules that vary depending on the season. Work laws in California also include meal and rest breaks. (“2. I used to work for another department that used the traditional 24/48 schedule and I think the California swing shift is far superior. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees … Employees generally love Alternative Workweek Schedules. 8 C.C.R 11040, section 12 (Rest Periods), endnote 3 above. Nonexempt employees are required to take both paid and unpaid breaks during the work day. In California, these industries may include: Under the California Labor Code, employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. Employees who work more than six hours in a day must take an unpaid 30 minute meal break. Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. California employees may file a wage and hour lawsuit against employers for denying rest breaks or failure to pay overtime as required under California labor laws. According to California Labor Code, Section 551, all California employees, regardless of occupation, are entitled to a least one rest day out of every seven days. A workweek is considered a fixed and regularly recurring period of 168 hours, or seven (7) consecutive 24-hour periods.8, Some employers use an “alternative workweek schedule.” An alternative workweek schedule may allow employees to work more than eight (8) hours in a day but not more than ten (10) hours in a day without overtime.9, Employees working over their alternative workweek scheduled hours or over 40 hours per week are compensated at not less than one and one-half (1 ½) times the regular rate of pay. Otherwise, they are a trap, especially for out-of-state employers with California operations who may not be as intimately familiar with California wage and hour laws, including the requirement of daily overtime. There’s one exception to this rule: If your business is authorized to operate on an Alternative Workweek Schedule (AWS). When an employer makes the employee work more than the maximum number of hours without paying overtime, the employer may be breaking California labor laws. Garcia received her Master of Science in accountancy from San Diego State University. This is a special workweek scheduling system that lets … . Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. (“3. However, Any work in excess of 12 hours in one day is compensated at no less than two (2) times the regular rate of pay for an employee. The California Labor Code provides for meal breaks and rest breaks during the workday and limits on hours worked during the workday and workweek without overtime. Rather than basing overtime solely on hours worked in excess of 40 a week, California also requires overtime pay for any hours worked over eight in one day, and any work days over six in a workweek. (B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. California labor laws also require employers to provide meal and rest breaks over the course of the workday.. Rest breaks must be counted as time worked and must be paid time. Employees work nine hours on seven of the days in the period, one eight-hour day, and get one “free” day off every other week. More than eight (8) hours in a single workday; More than forty (40) hours in a single workweek; or. What happens if I work over the maximum workday or workweek in California? . Hours and Days of Work (A) Daily Overtime – General Provisions (1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Another, less common but similar, schedule pattern is the 48/96. Under California labor laws, non-exempt employees are entitled to overtime pay if they work: Overtime is paid at one and one-half (1 ½) times the regular rate of pay for an employee. The 9/80 work schedule is an alternative to the traditional 40-hour workweek that consists of eight-hour days, five days per week, every week. What is a “Pyramid Scheme” in Palm Springs, California? There has been proposed legislation in California … “), 8 C.C.R. All states have some type of labor laws, but California has some of the strongest laws in the nation. Although California legislatures are currently looking at a more comprehensive secure scheduling law, California already has a scheduling law on the books. The California Industrial Welfare Commission adopted a wage order requiring employers to pay their employees for "reporting time" if they send them home for a lack of available work. We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. While not a law in California, other states and local cities have passed scheduling mandates that require employers to set schedules for employees well in advance, and if the employer changes the schedules within a certain time frame, the employer must pay a penalty for the change. However, there are certain exceptions to this law. California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. Overtime pay for nonexempt employees only can be avoided through an alternative workweek schedule. Employment: work hours: Fair Scheduling Act of 2015. To be exempt, the employee must earn a salary that's equivalent to at least twice the state minimum wage for full-time employment. (“12. I personally work at a department that uses the California swing shift and I love it. Which California employees are entitled to overtime and rest breaks? Some employees who are exempt from the standard lunch break and overtime laws include persons employed in administrative, managerial, executive, or professional capacities.12. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. (“2. California employees, like those in all states, are covered by federal wage and hour laws. 4. This form of schedule promotes employee morale and satisfaction but can carry potential pitfalls for employers who are not used to this form of scheduling. California Elections Code section 14000 allows workers up to two hours off, without a loss of pay, to vote if they do not have enough time to do so in their non-work hours. The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day.3. They work the same number of hours but they get an additional day off and less time commuting. (3. California Independent Contractor Law: Employers sometimes misclassify workers as “independent contractors” rather than “employees.” This restricts employers from a practice commonly called Clopening. The Fair Labor Standards Act (FLSA) does not address flexible work schedules. I heard that the California Labor Law states something to this effect: An Employer must schedule an employee at least 8 hours between two shifts, unless the employee waives this right or agrees otherwise. . The California Supreme Court has upheld the de minimus rule in other contexts, where a legal violation has no substantial effect on the rights of the … However, an employee may agree to waive that meal break if she or he will not work more than six (6) hours in the day. If an employer makes changes to the written work schedule, they must provide 14 days notice in-person, by telephone call, by email or by text message. Laura, however, regularly works 10 hours in a 24-hour period, which means she can refuse to work if she is asked to work more than 12 hours in a 24-hour period. Alternative workweek schedules permit many employers to avoid paying daily overtime to employees who do not work more than 40 hours a week. Successful wage and hour class action lawsuits often involve failure to provide meal breaks, rest periods, or failure to pay overtime. For example, if an employee is scheduled to work from 8 a.m. to 5 p.m., he must begin his break by 1 p.m. at the latest. (“(a) Eight hours of labor constitutes a day’s work. Longer shifts require breaks of more length and frequency. Labor Code 512 — Meal periods; requirements; order permitting meal period after six hours of work, endnote 5 above. Under California labor laws, non-exempt employees shall not work more than eight (8) hours ... Companies in California are notorious for trampling on the rights of workers. . Labor Laws for 8, 10, 12-Hour Shifts (Alternative Workweek Schedules) in California. Employee Overtime: Hours, Pay and Who is Covered. Employees must take a ten minute unpaid break for every four hours that they work. The meal break must be provided within the first 5 hours of the workday. Nonexempt employees are required to take both paid and unpaid breaks during the work day. California 4-Hour Minimum Shift: California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also … The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. (B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided. Definitely recommend! The California Court of Appeals clarified this in the case of Aleman v. AirTouch Cellular, ruled on December 21, 2011. Workforce Software: California Labor Laws, Paul, Plevin, Sullivan and Connaughton LLP: California Modifies its Alternative Workweek Schedule Rules. Shouse Law Group › Labor Law Attorney › Wage and Hour › Work Day/Week. There are several different types of work schedules. Any work in excess of 12 hours per day is compensated at not less than double the employee’s regular rate of pay.10, Non-exempt employees are entitled to overtime, rest breaks, and meal breaks under California labor laws. Firefighters are on duty for 48 hours then off for 4 days. For questions about California workers’ overtime or rest break violations or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group. 11040. Example: Simon is working at a graphic design company and is paid an hourly rate of $20 per hour. CA Labor Code, Section 500(b) 1. California wage and hour law requires employers to pay overtime when nonexempt employees work over a certain amount of hours in the workday or workweek. The meal break must be provided within the first 5 hours of the workday. Definitions (A) “Alternative workweek schedule” means any regularly scheduled workweek proposed by an employer who has control over the wages, hours, and working conditions of the employees, and ratified by an employee work unit in a neutral secret ballot election, that requires an employee to work more than eight (8) hours in a 24-hour period.”). California minimum wage laws define a workweek as any seven consecutive 24-hour periods (168 consecutive hours) that begin with the same calendar day each week. Under California labor laws, non-exempt employees shall not work more than eight (8) hours in any workday or more than 40 hours in any workweek unless they are compensated with overtime pay.1, Some employers may utilize an “alternative workweek schedule.” However, employees on a regularly scheduled alternative workweek shall not work longer than ten (10) hours in a day within a 40-hour workweek without payment of overtime.2, In addition, rest breaks are required for non-exempt employees who work three and a half (3 ½) or more hours in a day. How much time off do firefighters get? (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. If an employer implements an alternate workweek schedule, he may avoid paying nonexempt employees overtime in some situations. The agreement must be put in writing. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours … . Employees are also entitled to 1 1/2 times regular pay if they work a seventh consecutive work day. 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. Hours and Days of Work (B) Alternative Workweek Schedules (1) No employer, who has control over the wages, hours, and working conditions of employees, shall be deemed to have violated the provisions of Section 3, Hours and Days of Work, by instituting, pursuant to the election procedures set forth in this order, a regularly scheduled alternative workweek pursuant to the following conditions: (a) The alternative workweek schedule shall provide for work by the affected employees of no longer than ten (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 flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. Shouse Law Group has wonderful customer service. workers who qualify as independent contractors, final and binding arbitration of disputes, Prosecutorial misconduct is a major problem in California, Pointing a Laser at Aircraft Over San Francisco Bay is a Federal Crime. After eight hours on the seventh consecutive day, the employee receives double pay. No overtime required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek. Because California labor law mentions a two hour minimum and a four hour maximum, many have confused that to mean the law requires employees be scheduled a minimum number of work hours … Based in San Diego, Calif., Madison Garcia is a writer specializing in business topics. So even if employees’ weekly hours don’t exceed 40, they will get overtime pay after 8 hours of work in a single day. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. 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. This means that employees and employers can come to an agreement to create an alternative workweek. Such a schedule can be implemented after a vote of all employees in a … Under California labor laws, non-exempt employees shall not work more than eight (8) hours in any workday or more than 40 hours in any workweek unless they are compensated with overtime pay. A nonexempt employee is entitled to overtime pay in certain situations. Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. These rest periods are commonly set at 8 hours or 10 hours of rest between an employees end of shift and the beginning of the next shift. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. What is an “alternative workweek schedule”? (2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees. Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. The Reporting Time Pay law requires that California employers pay employees at least half of all scheduled shifts, even when canceled. If the employee is not paid, they are entitled to compensation equal to a day’s wages for each day the payment is not received – for up to 30 days. California overtime laws favor employees more than federal overtime rules and exceptions. The typical workweek begins each Sunday and ends the following Saturday, however, this need not be the case. How many breaks am I supposed to get during work? Not true. (“11. In addition to Simon’s regular 40 hour work week salary, Simon will be paid overtime at time and a half for the first 12 hours he worked on Saturday and double time for the 13th and 14th hours of Saturday. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. 8. Simon ends up working for 14 hours on Saturday and 10 hours on Sunday. California employment law requires employers to pay overtime when employees work over a certain amount of hours in the workday or workweek. They often also create mandatory rest periods between shifts. Alternative Work-Week Schedule. 2. Must an employer pay an employee who cannot work during an emergency, such as during a government mandated shut-down? This includes “persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis.”11. An employee may be classified as exempt if her job duties require creative thought and independent judgement. Simon is a non-exempt employee and generally works 5 days a week, 8 hours a day. 8 C.C.R. Section 552 goes on to state that no employer may require employees to work more than six days out of a seven-day period, and any employer that tries to enforce a seven-day workweek may be guilty of a misdemeanor. There’s one exception to this rule: If your business is authorized to operate on an Alternative Workweek Schedule (AWS). SB 878, in its current form, requires covered employers to provide all non-exempt employees with their work schedule, setting forth all hours of work, at least seven … Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. California labor laws regarding overtime pay and mandatory breaks only apply to nonexempt employees. 7. Schedule changes can occur in a smaller than a 14-day window. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. Meal Break and Rest Break Meal Break and Rest Break You may not require an employee to work for a period of more than five hours per day without providing him/her with a 30-minute unpaid meal break. A clothing retailer's on-call scheduling practices triggered reporting time pay requirements under California law, ruled a state appeals court (Ward v. Tilly's, Inc. , B280151 (Cal. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. Would like some clarification on this. After five hours of work, employees should get a meal break of 30 minutes, unless their workday will be completed within six hours and as … Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek. Truth about Minimum Work Hours per Day. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of … 11040. . Under California law Jane would be entitled for overtime pay for the hours she works in excess of that limit. 11040. (“(a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.”). California labor laws are a little different from federal labor laws. Additionally, overtime and break requirements may not apply to unionized workers in certain industries with a collective bargaining agreement. If the employee works more than ten hours, he must take at least two 30 minute meal breaks. 11040. This is required by California Labor Code, Section 202 . The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. If Jane is on an alternate work week schedule and works beyond 40 hours she will receive overtime. For example, employers may reduce energy costs by having their businesses closed for additional days per week or may enjoy other benefits unique to their operations. Rest Periods (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Simon will also be paid overtime at time and a half for the first 8 hours he worked on Sunday and double time for the 9th and 10th hours of Sunday. Some jobs are subject to different FLSA overtime thresholds, but the pay is not to fall below the standards set by the FLSA in any way. Work schedules vary based on the organization and the job. (“(d) If an employee in the motion picture industry or the broadcasting industry, as those industries are defined in Industrial Welfare Commission Wage Order Numbers 11 and 12, is covered by a valid collective bargaining agreement that provides for meal periods and includes a monetary remedy if the employee does not receive a meal period required by the agreement, then the terms, conditions, and remedies of the agreement pertaining to meal periods apply in lieu of the applicable provisions pertaining to meal periods of subdivision (a) of this section, Section 226.7, and Industrial Welfare Commission Wage Order Numbers 11 and 12. (c) The overtime rate of compensation to be paid to a nonexempt full-time salaried employee shall be computed by using one-fortieth (1/40th) of the employee’s weekly salary as the employee’s regular hourly rate of pay.”), 8 C.C.R. Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. The California Division of Labor Standards Enforcement (DLSE) has suggested that California’s wage and hour laws follow the federal approach to small periods of work. Firefighters are on duty for 48 hours then off for 4 days. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. Like federal law, California law does allow employers to penalize its employees if they refuse to do overtime work. 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