BILL NUMBER: SB 988	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 8, 2010

   An act to amend Section 511 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 988, as introduced, Hollingsworth. Employment: alternative
workweek schedules.
   Existing law authorizes an employer to propose an alternative
workweek schedule, as defined, that may be either a single, standard
work schedule or part of a menu of work schedule options offered to
the employees. Under existing law, approval by secret ballot election
of at least 2/3 of the affected employees in a work unit is required
for adoption of an alternative workweek schedule.
   This bill would make nonsubstantive changes to these provisions.
   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 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   an  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   an 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   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   Order Numbers  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 Number  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   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.