BILL NUMBER: SB 404 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Benoit
FEBRUARY 26, 2009
An act to amend Section 511 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 404, as introduced, Benoit. Alternative workweek.
Existing law requires that an alternative workweek schedule
proposed by an employer may be adopted through a 2/3 majority vote of
the employees in a secret ballot. It also requires, among other
things, that an employer report to the Division of Labor Statistics
and Research within the Department of Industrial Relations the
results of an election to establish an alternative workweek within 30
days of the election.
This bill would change the time limit for an employer to report
the results of an alternative workweek election to an indeterminate
number of days following the election.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 511 of the Labor Code is amended to read:
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
, under 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 two times
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
This section requires
does not require 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 A 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 An
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers Number 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 an 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
Order 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 no more than 10
hours of 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.