BILL ANALYSIS
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THIRD READING
Bill No: SB 5XX
Author: Cogdill (R)
Amended: 2/14/09
Vote: 21
WITHOUT REFERENCE TO COMMITTEE
SUBJECT : Employment: alternative workweek schedules
SOURCE : Author
DIGEST : Senate Floor Amendments of 2/14/09 delete the
prior version of the bill expressing the intent of the
Legislature to enact statutory changes relating to the
Budget Act of 2008.
This bill now provides flexibility for employers and
employees on work schedule requirements.
ANALYSIS : Existing law allows, with the proposal of an
employer, employees of a work unit to adopt a regularly
scheduled alternative workweek of a two-thirds of the
employees vote to approve the alternative workweek schedule
in a secret ballot election. The alternative workweek
schedule cannot authorize employees to work longer than 10
hours per day in a 40-hour workweek without overtime pay.
With the exception of Industrial Welfare commission's (IWC)
Wage Order 14 (agricultural occupations) and IWC Wage Order
15 (household occupations), the IWC's Wage Orders contain
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very similar or nearly identical language that defines an
applicable work unit for alternative workweek elections.
With the exception of IWC's Wage Order 14 and IWC Wage
Order 15, the IWC's Wage Orders also contain very similar
or nearly identical language for an employee, with the
approval of the employer, to move from one alternative
workweek menu scheduling option to another, but does not
specify how frequently this can be done by the employee.
This bill specifies that the menu of alternative workweek
schedule options may include a regular schedule for 8-hour
days, and that the employee can move from one alternative
workweek schedule to another on a weekly basis.
Specifically, this bill:
1.Codifies the language in certain existing IWC Wage Orders
that allow an employer to offer employees a menu of work
schedule options when proposing an alternative workweek
election.
2.Specifies that the proposed alternative workweek menu of
work schedule options may include a regular schedule of
8-hour days, and that the employees who adopt a menu of
alternative workweek schedules may, with employer
consent, move from one schedule option to another on a
weekly basis.
3.Codifies the definition in certain existing IWC Wage
Orders of a readily identifiable "work unit" t include,
for the purposes of an alternative workweek election, a
division, department, job classification, shift, separate
physical location, a recognized subdivision, or an
individual, if the individual meets the criteria for an
identifiable work unit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:cm 2/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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