By Loura Cortez, SDP Human Resources
Implementing an Alternative Work Week Schedule (AWS) in California requires careful consideration and compliance with state labor laws. While our HR Services Division at Southland Data Processing can help with implementation and management of AWS in all fifty states, this BLOG addresses California compliance specifically.
You can also access a quick AWS overview online anytime from Brett Straus, Esq. and Director of Compliance at Southland Data Processing.
Understanding Alternative Work Week Schedules – An AWS schedule is an arrangement where employees work longer shifts over fewer days in a work week. This typically involves a schedule other than the traditional 8 hour work day, 5 days a week. Many businesses find that adopting a “4/10” schedule is best, which is a 10 hour work day, four days a week. A “9/80” schedule is also popular. This is a schedule whereby workers get every other Friday off and work a total of 80 hours over a two-week period.
Eligibility & Approval – Business owners must determine if their employees are eligible for an AWS. This generally involves a formal request process and must be approved by at least two-thirds of affected employees in a secret ballot election. Our HR team can guide your business through this process.
Compliance With Wage & Hour Laws – Employers must ensure compliance with wage and hour laws, such as minimum wage and overtime requirements. California has strict labor laws, including daily and weekly overtime rules. We can provide greater insight on this matter during a complimentary consultation or as part of your HR membership.
Meal & Rest Periods – Employees on AWS are still entitled to meal and rest periods. Employers should schedule breaks appropriately to avoid violations.
Overtime Calculations – Employers must understand how to calculate overtime for employees on AWS. It is important to consult with an HR professional to fully understand and manage overtime calculations. Errors in overtime calculations and payments can lead to costly mistakes up to and including legal action.
Record Keeping – Accurate record keeping is crucial to track hours worked, breaks, and overtime. Employers should maintain detailed records to demonstrate compliance with labor laws. Errors in recordkeeping can also lead to costly mistakes up to and including legal action.
Flexible Scheduling – While AWS can provide flexibility, employers should still ensure that they can meet customer demands and maintain productivity.
Health & Safety – Consider the health and safety implications of longer workdays. Ensure that employees are not at risk of exhaustion or injury due to extended shifts.
Employee Communication – Keep open lines of communication with employees. Explain the benefits and potential drawbacks of AWS, and address any concerns or questions.
Regular Review – Periodically review the AWS policy to ensure it is still meeting the needs of the business and employees. Be prepared to make adjustments as necessary. AWS should be included as part of the Employee Handbook and distributed company-wide annually with any changes, additions or updates clearly noted.
Documentation & Agreements – Formalize the AWS with written agreements that outline the terms and conditions. This helps to prevent disputes and misunderstanding.
Unforeseen Circumstances – Plan for unexpected events that may disrupt the schedule such as emergencies, absences, or seasonal workflow fluctuations.
Employee Feedback – Encourage feedback from employees and be open to making changes that improve work-life balance, job satisfaction, retention, loyalty, and recruitment.
Consult Legal Counsel – Consult with legal and HR experts to ensure full compliance with California labor laws. Laws and regulations can change, so staying informed and current is essential. And, given the complexity of labor laws and the potential for legal challenges, it is wise to consult with trusted experts who specialize in AWS and the labor laws that affect the business.
Our Southland Data Processing HR division can accommodate your labor law, AWS and HR inquires in all 50 states. We’re available to help implement and evaluate your AWS policy to ensure full compliance and answer questions. Simply contact us to schedule a complimentary consultation and learn how to get started.
Remember, labor laws can vary by location and there are additional considerations for those businesses with employees working in various states. Stay current, informed, and seek professional guidance anytime there is a question or concern.
Partnering with Southland Data Processing for payroll and human resource management empowers organizations to thrive in today’s competitive market by providing the necessary expertise, cost savings, and technology to support growth and other strategic initiatives.
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*Southland Data Processing, Inc. (“SDP”) is not a law firm. This article is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other SDP materials does not create an attorney-client relationship. SDP is not responsible for any inadvertent errors that may occur in the publishing process.