An employer may terminate an alternative workweek schedule unilaterally without holding a repeal election, but only after providing reasonable advance notice to employees.1

Employees can repeal an alternative workweek schedule by holding another secret ballot vote, using the following procedure:

  • Employees must petition to repeal the schedule. One-third of the affected employees must sign the petition for a repeal vote.
  • You must hold a new secret ballot election to vote on a repeal of the schedule. A two-thirds vote of the affected employees is required to reverse the alternative workweek schedule. The election must take place during regular working hours at the employees’ worksite.

Hold the election to repeal the alternative workweek schedule not more than 30 days after the petition is submitted to you. An employer can’t be required to hold an election to repeal an alternative workweek more often than every 12 months after the date that the same group of employees voted in an election held to adopt or repeal the alternative workweek schedule (exception: six months under Wage Order 16).

Exception: For alternative workweek schedules adopted under Wage Order 4, Professional, Technical, Clerical, Mechanical and Similar Occupations and Wage Order 5, Public Housekeeping Industry, between October 1, 1999 and October 1, 2000, a new secret ballot election to repeal that alternative workweek schedule is not covered by the limitation of 12-month intervals between elections.

If the alternative workweek schedule is revoked, you must comply within 60 days. The Labor Commissioner can grant an extension if you can show that revoking the schedule within 60 days would cause undue hardship on normal business operations.


1.DLSE Memorandum of December 23, 1999, “Understanding AB 60: An In Depth Look at the Provisions of the ‘Eight Hour Day Restoration and Workplace Flexibility Act of 1999,’” written by chief counsel for the California Labor Commissioner