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An “alternative workweek” is defined as “any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.”1 An alternative workweek may be a single schedule or a menu of schedules from which an employee can choose. For more information, see “Propose an Alternative Schedule” in Creating an Alternative Workweek Schedule.
Alternative workweek regulations apply to employees in Wage Orders 1-13 and 15-17.
Alternative workweeks apply only to nonexempt employees because employees properly classified as exempt do not earn overtime. For more information on exempt and nonexempt status, see Exempt/Nonexempt.
Flexible work schedules and alternative workweek schedules are often confused. A flexible schedule is a workweek schedule of eight hours per day where some employees begin the shift early in the day and others begin work later in the day. Some employees may come in at 7:00 a.m. and others at 9:00 a.m., but all regularly work no more than an eight-hour day.
Flexible scheduling does not eliminate the legal requirement of paying daily overtime for all work in excess of eight hours in each workday. Unlike the alternative workweek schedules discussed in this chapter, you can institute flexible scheduling at any time. Employees cannot change their own schedules for flexibility without your approval.
1.Lab. Code sec. 500(c)