California Labor Laws . . . Can you help me?

  1. I should probably be a bit more knowledgeable about labor laws, but I'm not.
    The question I have is . What site can I got to to learn more about mandating 12 hour shifts, doing away with OT pay, and people being allowed to vote on 12 hour shifts who won't even have to work them? . . . I know this was brief, but it is all I am putting up publically. If you want more details please PM me.

    Thanks for your time.

    Amanda
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  2. 2 Comments

  3. by   pickledpepperRN
    Here is a start from the California Labor Code. I think it is different for government workers such as county and state facilities.


    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. 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
    work unit. 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.
    (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
    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. 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.
    (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. 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. 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.
    (e) The results of any election conducted pursuant to this section
    shall be reported by an employer to the Division of Labor Statistics
    and Research within 30 days after the results are final.
    (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. Any
    alternative workweek schedule that was adopted pursuant to Wage Order
    Numbers 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 Section 515.
    (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
    Orders 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 Orders 4
    or 5 that were 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.



    512. (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. An employer may not employ an employee for a work period of
    more than 10 hours per day without providing the employee with a
    second meal period of not less than 30 minutes, except that if the
    total hours worked is no more than 12 hours, the second meal period
    may be waived by mutual consent of the employer and the employee only
    if the first meal period was not waived.

    WAIS Document Retrieval

    If the first link doesn’t work use this and then check “Labor Code” and type “hours of work” before clicking “search”. - Find California Code
  4. by   tattooednursie
    Thank you spacenurse!!!! Your info really helps.

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