Set the Alternative Workweek Schedule Days and Hours

Although the proposal upon which employees voted was not required to contain actual weekdays and hours of work, after the vote, you will need to set the actual schedule of workdays and the starting and ending times of the shifts.

Occasional changes to the schedule are acceptable if you provide employees with reasonable notice. The DLSE considers one week to be reasonable notice.1

You cannot create a system of on-call employment, in which the days and hours of work are subject to continual changes, depriving employees of a predictable work schedule.

Accommodate Employees Who Are Unable to Work the Alternative Workweek Schedule

The Wage Orders indicate that an employer must 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 and who is unable to work the adopted alternative workweek schedule.

However, the regulations do not define what it means to be unable to work an alternative workweek schedule. It seems fairly certain that an employee would be unable to work the long hours of an alternative workweek schedule if they has a medical restriction. However, a situation in which an employee’s child day care situation or college schedule makes it difficult for them to work longer hours may not qualify as being unable to work the schedule.

Your obligation to accommodate employees who are unable to work the alternative schedule depends on whether they were eligible to vote in the election, as well as the reasons they are unable to work the schedule.

Accommodating employees who were eligible to vote in the election. You must make a reasonable effort to find a work schedule of no more than eight hours in a workday to accommodate any affected employee who was eligible to vote in the election and who is unable to work the alternative workweek schedule. If the employee was eligible to vote, you must make a reasonable effort to accommodate the employee regardless of whether that employee actually voted in the election.

Accommodating employees hired after the election. You are permitted to provide a work schedule of no more than eight hours in a workday to accommodate any employee hired after the election who is unable to work the alternative schedule established by that election. This is the employer’s choice; choosing not to accommodate will not invalidate the schedule.

Accommodating an employee’s religion. You must explore any available reasonable alternative means to accommodate an affected employee’s religious belief or observance that conflicts with an alternative workweek schedule. For more information on your general obligation to reasonably accommodate an employee’s religious beliefs, see Religion.

Ensure Meal and Rest Breaks During an Alternative Workweek Schedule

Employees on alternative workweek schedules are generally entitled to the same meal and rest breaks as employees on traditional schedules. An employee who works more than 10 hours in a shift is normally entitled to two 30-minute meal breaks. An employee can waive the second meal break with your consent if they did not waive the first meal break and 12 hours will complete the day’s work. For more information, see Meal and Rest Breaks.

Ensure One Day’s Rest in Seven in an Alternative Workweek

Generally, every employee is entitled to at least one day off in a seven-day workweek.2 However, an employee can accumulate rest days when the nature of employment reasonably requires that they work seven or more consecutive days. An employee must receive days of rest equivalent to one day’s rest in seven during each calendar month.

The requirement for one day off in seven does not apply to emergencies, work performed in the protection of life or property from loss or destruction or when hours worked do not exceed 30 in any workweek or six in any workday.3

For more information about an important California Supreme Court decision interpreting the requirement for one day of rest in seven, see Mandatory Days Off - Day of Rest.

Paid Sick Leave and Alternative Workweek Schedules

California's Healthy Families, Healthy Workplaces Act mandates a certain amount of paid sick leave for California employees. The state Labor Commissioner has provided guidance for how an employer provides paid sick leave when alternative workweeks are involved. For more information, see Non-Traditional Work Schedules and Providing the Full Amount of Leave

1.DLSE Enforcement Policies and Procedures Manual sec. 56.23.2