California Labor Laws . . . Can you help me?

pickledpepperRN · Jan 10, 2007

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.

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

tattooednursie, LVN · Jan 11, 2007

Thank you spacenurse!!!! Your info really helps.