Alternative Workweek Schedule

Wouldn’t most people want to work only 4 days a week? If you’ve ever thought about it, it’s likely your employees have as well. In this hyper-sensitive employment market, small business owners are looking for more ways to engage, motivate and retain employees. Providing a flexible workweek is a good step in that direction. One way to provide more flexibility is to switch to an Alternative Work Schedule (AWS). It might not be for everyone, but It’s not as complicated as you might think. Let’s look at the idea of an AWS and how it might work for your business.

Alternative Workweek Defined

An alternative Workweek Schedule involves changing the workweek so that employees work more than 8 hours a day, and less than 5 days a week, but are not paid overtime for those hours over 8 in a day. Although you can’t just set this up for your company without jumping through some hoops, the process is somewhat simple, and basically involves notification, a vote, and filing with the state.

You can create an alternative workweek schedule in any combination of hours. However, you must pay overtime for all hours over 10 in one workday and over 40 in one workweek. You can create multiples schedules that employees can choose from, or you can apply the schedule to specific work units or departments.

You can create one set schedule, or multiple schedules that employees can choose from based the needs of your business. You can also create different schedules for different departments.

Written Disclosure

Whichever method and options you choose, you must inform employees of your intent to set up an AWS and provide a written disclosure of the proposed schedule to the employees affected. Failure to comply with this requirement invalidates the alternative workweek schedule election.

Information Meeting

You must then hold a meeting at least 14 days before voting for the specific purpose of discussing the alternative workweek schedule and how it might affect employee’s wages, benefits, etc.  

During the meeting you may express your opinion about the AWS to the affected employees. but you may not intimidate or coerce, to vote either in favor of or against a proposed alternative workweek.

Secret Ballot Election

All affected employees in the work unit are entitled to a vote (during working hours) to approve or reject the proposed schedule in a secret ballot election. A two-thirds vote amongst the affected employee is required for the schedule to become effective.

If the vote is positive, you must notify the State of California that you have held a vote and have adopted an AWS. You don’t need to provide them specifics on the process of the secret ballot, but you should retain all your records in case there is ever a challenge to your AWS. You certainly don’t want to get stuck owing back overtime.

Infinium HR can assist you in deciding whether this might be an option for your business, and with implementing the process to adopt an AWS. Please contact our small business HR experts at Infinium HR at info@infiniumhr.com.