There are several caveats to this law and it would be a good idea to review the literature before instituting the schedule. As per California overtime laws, employees still earn double time after 12 hours. Time and a half does accrue as normal after the first 10 hours up to 12, and after 40 hours in a week. This means that employees and employers can come to an agreement to create an alternative workweek. These employees will not earn daily overtime for those first 10 hours. Regular, non-health care employees, are permitted, in California, to work four 10-hour shifts as a regular schedule. The employer is not liable for daily overtime for the makeup time that was worked on the Monday as long as the employee did not end up working more than 11 hours that workday or 40 hours in the workweek.” – CalChamber Alternative Work-Week Schedule “Is the employer liable for the extra hours worked over eight hours on Monday? According to a Division of Labor Standards Enforcement opinion, the answer is: No. What happens if employees change their minds about the personal time later in the week and decide not to take it? If they have already worked the makeup day on Tuesday, say, does the employer have to pay overtime for that day? The answer is no. What Happens When Employees Change their Minds? There is no way around that, however, if the employee knows in advance that he/she will need time off on Friday, the employee can makeup the time earlier in the week. The one interesting thing about this exception is that since the time must be made up in the same week, then an emergency at the end of the work-week cannot be made up at all. While an employer may inform an employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make up the work hours within the same workweek pursuant to this section.” An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time pursuant to this section. If an employee knows in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make up work time for up to four (4) weeks in advance provided, however, that the makeup work must be performed in the same week that the work time was lost. “If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one workweek. Normal daily overtime applies for all days not related to the makeup day.įrom the Department of Industrial Relations website:.Overtime will incur after 11 hours on the makeup day or after 40 hours in the workweek.Employees must make up the time in the same week they took off time.The employer may inform the employee of the option but cannot encourage it.Employees must provide a written request each time the employee wishes to forgo overtime.To protect employees, there are some rules surrounding this daily overtime exception. An employer may not abuse this to avoid paying overtime. The makeup time rule was designed as a convenience for employees. The two exceptions I am referring to are, specifically: Luckily, the California labor board recognizes that sometimes daily overtime isn’t overworking and that it is beneficial for employees to sometimes work more than 8 hours in a day. Some employees prefer working four 10 hour shifts, for example, instead of five 8 hour shifts.Īnd, if employees must be paid overtime for each minute they work in excess of 8 hours in a day, what do they do when they have to attend to personal errands during working hours? If an employee needs to pick up his sick kid after only working 6 hours, he would probably like to make up for that missed time on the next day but, obviously, that would tip him into overtime. This is an important protection, but sometimes working longer daily shifts is just convenient. This law protects employees from overworking. Therefore, even if employees’ weekly hours don’t exceed 40, they receive overtime pay after 8 hours of work. For example, California has daily overtime laws in addition to weekly overtime. California labor laws are a little different from federal labor laws.
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