Legal Question in Employment Law in California
Can non exempt employees have a 4 day/10hour schedule?
I am wondering whether non exempt employees in CA can work a 4 day/10 hour work week rather than the traditional 5 day/8 hour week? As I understand it, non exempt employees are to be paid overtime if they work over 8 hours a day period. But it is possible, if all parties (employer and employee) agree, to allow a non exempt employee to have a 4/10 schedule? Are there any exceptions to the non exempt employee policy? Thank you.
2 Answers from Attorneys
Re: Can non exempt employees have a 4 day/10hour schedule?
They would have to pay you overtime for any time over 8 hours. However, I believe you can agree in writing to comp time in lieu of overtime at 1.5x salary if taken in the same week.
Re: Can non exempt employees have a 4 day/10hour schedule?
As a matter of fact, there is an alternative available. Under California law (Labor Code Section 511), employees may vote, by secret ballot, to work a 4 day, 10 hour schedule, without the payment of overtime, if voted by two-thirds of the affected employees. There are some very strict requirements that must be followed in order to make such an election valid and the results must be reported to the Labor Commissioner. Therefore, it would be a good idea to seek the advise of legal counsel or the Labor Commissioner's office, itself, before attempting to implement this process.
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