Divide the worker's annual salary by 52 to get his weekly salary, then divide the total by 40 hours per week to get the regular hourly salary. Since I first wrote a post about the 4/10 shift schedule back in 2011 there has been a steady stream of views on that particular post.. That caused me to review the post and write a follow-up to address a few issues left unsaid. The advantage to employers is that they can give employees the schedule they prefer without incurring additional overtime Read More: About California Overtime Law. California 4/10 Plan. In a 4-day/10-hour work week, double-overtime is paid for time worked beyond 8 hours of any additional day worked in the week. Alternative workweeks are popular in California. However, in California and a few other locations, an employee receives overtime pay after working more than eight hours in a single day. This plan is one of California's Alternative Work Schedules. Overtime is paid for time worked beyond 40 hours in a single workweek. A WWG E/SE employee scheduled to a 4/10/40 non-standard work schedule who is absent on sick leave for a whole workday must be charged 10 hours of applicable leave credits. Overtime is paid for time worked beyond 8 hours in a single day. All Time Today Last Week Last Month. Let’s take a look at the laws on changing employee work schedules and what business owners need to know. California overtime law also allows employers to institute an alternative workweek schedule. California overtime law states, ... working a 4-10 schedule. Management shall also monitor … Sometimes you’ll need to make changes to work schedules after you have made them – so it’s important to know how to do that while staying in compliance with the law. The overtime rate for any hours worked over 12 hours in a single day, or over 8 hours on the 7th consecutive day is double an employee’s regular pay rate. California Labor Code section 511 allows employers to institute a regularly scheduled alternative-workweek under which employees may work more than eight hours in a 24-hour period, up to 10 or 12 hours per day (in limited cases), without an entitlement to overtime wages. Filter. For example, if an employee's workweek regularly consists of four 10-hour days, the employee does not get overtime for the hours over eight worked in a given day. Under California law, you are entitled to overtime for all time worked above 40 hours in one week, regardless of having a 4/10 alternative work schedule. Close. A variation of the standard 5-day/40-hour work schedule in which a full time employee completes a 40-hour workweek in a compressed schedule. hide. Posts; Latest Activity . work schedules. a 9/80 or 4/10 work schedule), exclusive of meal breaks, in any one day or beyond 40 hours in a week for employees who are not exempt from the Fair Labor Standards Act (FLSA). Any insight is greatly appreciated. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Overtime is paid for time worked beyond 50 hours in a single week. California non-exempt employees cannot work beyond eight hours per day or a work week that extends 40 hours for the same pay. Overtime is paid for weekday work beyond 44 hours, Overtime is paid for any time worked on Saturday, Double-overtime is paid for any time worked on Sunday. California labor laws state that workers cannot work more than 40 hours in a week or eight hours in a day without getting overtime pay. In other words, California overtime states that overtime must be paid to workers who work more than eight hours in a workday OR more than 40 hours in a workweek. Most nonexempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked in the workweek. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. This plan is one of California's Alternative Work Schedules. No: In a 4-day/10-hour work week, overtime is paid for time worked beyond 10 hours in a single day. So, a California non-exempt employee on a four-day workweek would receive 32 hours of straight pay and eight hours of overtime every week. Overtime is paid for time worked beyond 45 hours in a single week. Employees scheduled to work a 4/10/40 schedule will have three RDOs per week. Show. We've been asked to calculate OT for this alternate work schedule: 1.5x OT for > than 10 hours a day; 2x OT for > 12 hours; working more than a 40 hour work week, working a non-scheduled work day. You must pay employees overtime when they work more than 40 hours per week. This plan is one of California's Alternative Work Schedules. Create an Avionté support ticket to request available OT plans. There’s one exception to this rule: If your business is authorized to operate on an Alternative Workweek Schedule (AWS). The California legislature adopted amendments to the California Labor Code governing overtime pay. Jack Ori has been a writer since 2009. (b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule. Alternative Work-Week Schedule. Overtime is paid for time worked beyond 12 hours in a single day. share. Overtime is paid for time worked on weekends. If an employee refuses to adhere to this schedule, the employer has the right to discipline the employee, including terminating an employee that habitually ignores the schedule. In a 4-day/10-hour work week, double-overtime is paid for time worked beyond 12 hours in a single day. The advantage to employers is that they can give employees the schedule they prefer without incurring additional overtime liability. Overtime is paid for time worked beyond 60 hours in a single week. a 9/80 or 4/10 work schedule), exclusive of meal breaks, in any one day or beyond 40 hours in a week for employees who are not exempt from the Fair Labor Standards Act (FLSA). 31, 2008 . Generally under California law, employers are required to pay non-exempt employees overtime for all time worked in excess of eight hours per day and 40 hours per week. Labor Laws for 8, 10, 12-Hour Shifts (Alternative Workweek Schedules) in California. 1. California. every other week the worker works four 10-hour shifts -- she would still be considered to work this type of shift regularly. US . On the other hand, a worker who works 10 hours in a day in an emergency would be entitled to overtime pay for the extra two hours of work, even if he did not work over 40 hours total. Overview of California Overtime Law. A 9/80 work schedule is essentially a two-workweek schedule of eight 9-hour days, one 8-hour day, and one day off. To provide its residents with the ability to work flexible schedules, the alternative workweek regulations allow employers to enact alternative workweek schedules without paying them overtime in limited circumstances. So ima start soon, ima be working 4-10’s will I get paid overtime for the 2 hours? An employer has the right to dictate an employee’s work schedule, and so may require them to work past their regular work hours. But California law makes an exception for people who work more than eight hours a day on a regular basis as long as they do not work more than 40 hours per week. 100% Upvoted. The lawmakers even named it the Eight-Hour-Day … Employees need to receive 1 1/2 times the regular pay rate for each hour worked more than eight hours or more than a 40-hour work week. While California law provides that an employee who works more than eight hours in a day must be paid overtime, this rule does not apply to some types of work situations. Employees generally love Alternative Workweek Schedules. In California, Flexible Schedules Are Tightly Regulated. In a 4-day/10-hour work week, overtime is paid for time worked beyond 10 hours in a single day. California law requires that overtime wages be paid no later than the regularly scheduled payday of the payroll period following that in which overtime was earned. • Overtime at 1½ times your regular rate of pay for any hours worked in excess of eight (8) 1. 2. Most non-exempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked … Overtime is paid for any time worked on Sunday. They prefer, for example, working four 10-hour days to working five eight-hour days. Posted by marie presgrove However, this overtime requirement doesn’t apply if by “mutual agreement” the employee agrees to work four ten-hour shifts in one work week. Overtime is paid for time worked beyond 46 hours in a single week. Although adopting an alternative workweek schedule can reduce overtime costs, it also greatly limits an employer’s scheduling flexibility and therefore is best suited for employers who typically have regular working hours that rarely need to change. This means that employees and employers can come to an agreement to create an alternative workweek. 8 California Code of Regulations (“C.C.R”) 11040. These workers are not entitled to overtime pay under most circumstances. California Labor Code section 511 allows employers to institute a regularly scheduled alternative-workweek under which employees may work more than eight hours in a 24-hour period, up to 10 or 12 hours per day (in limited cases), without an entitlement to overtime wages. • Overtime … California overtime. A particular plan may be available to your application, but may not be visible. All Discussions only Photos only Videos only Links only Polls only Events only. An employee on a 4/10 schedule who works a holiday will be paid at time-and-one-half for eight (8) hours of work on the holiday; the remaining two (2) hours worked shall be at straight time, unless such hours are overtime (work in excess of 40 hours during the week). The standard overtime rate under California law is 1.5 times an employee’s regular pay rate. Therefore, many employers in California wonder if they can schedule 12-hour shifts for their employees without paying overtime. Thus, an employer may require a worker to conform to a schedule of four 10-hour days rather than five eight-hour days if the employer wishes. Page of 1. For non-exempt employees, Alaska and California allow employers and employees to agree to an alternative work schedule (or flexible hour plan) to avoid overtime liability. Alternative workweeks are popular in California. (c) Existing law does not permit an employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid. Alternative workweek schedules permit many employers to avoid paying daily overtime to employees who do not work more than 40 hours a week. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Search. The non-standard work schedule will remain in effect until the employee or their supervisor document in writing to revert to a standard work schedule or apply an alternative non-standard work schedule. In general, working over eight hours per day is considered working overtime. They work the same number of hours but they get an additional day off and less time commuting. 9/80 Work Schedule and Overtime. Labor laws in California state that you MUST pay employees overtime IF they work past 8 hours per day or 40 hours per week. The Nevada Department of Business and Industry manages wage and hour issues for Nevada. Under this type of schedule, employees may work up to ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. 4/ 10 work schedule in California. Alaska, California, Colorado, and Nevada also have many exceptions to their overtime rules. Nonexempt employees are required to take both paid and unpaid breaks during the work day. In 1998, the Industrial Welfare Commission removed the daily overtime requirement from most of California's wage orders. new posts. However, in California and a few other locations, an employee receives overtime pay after working more than eight hours in a single day. Leeenda. Once an employee’s AWWS is approved, management shall regularly evaluate the employee based on the established maintenance criteria for her/his continued participation in the AWWS. Overtime is paid for time worked beyond 37.5 hours in a single week. Overtime is paid for time worked beyond 40 hours in a single week. California’s overtime rules apply to California residents as well as out-of-state nonexempt employees temporarily working in California. However, once the 9/80 work schedule is implemented, there are a number of mistakes unsuspecting employers often make which can inadvertently trigger overtime liability. The employer should not mix these schedule types, as a worker could legitimately claim that she does not meet the 4/10 work schedule for California overtime law if she sometimes works a standard schedule and sometimes she works an alternative schedule. California recognizes three types of regular work schedules. Collapse. WHAT IS ALTERNATIVE WORKWEEK SCHEDULE. Under Although overtime laws in California help to ensure that workers are compensated for working overtime, employees may not take kindly to having no say in the matter. save. Hours and Days of Work (A) Daily Overtime – General Provisions (1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. California 4/10 Plan. Alternative Workweek Schedules. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. In a 4-day/10-hour work week, double-overtime is paid for time worked beyond 12 hours in a single day. AWWS resulting in scheduled overtime is strictly prohibited. Make sure that the official workweek begins and ends four hours into the eight hour shift on a Friday. Example: Employee works 70 hours on normal schedule, is on paid sick leave for 10 hours and works an additional 10 hours outside normal work shift. http://www.calhr.ca.gov/employees/pages/alternate-work-week-policy.aspx, http://www.dir.ca.gov/dlse/faq_overtime.htm, https://www.colorado.gov/pacific/cdle/overtime, http://www.oregon.gov/boli/TA/pages/t_faq_tahrlbr.aspx, http://www.dol.gov/dol/topic/wages/overtimepay.htm, http://work.alberta.ca/employment-standards/overtime-hours-and-overtime-pay.html, https://www.labour.gov.bc.ca/esb/facshts/hours_of_work_and_overtime.htm, http://www.labour.gc.ca/eng/standards_equity/st/pubs_st/hours.shtml, http://www.gov.mb.ca/labour/standards/doc,overtime,factsheet.html, http://www.gov.nl.ca/lra/faq/ls_hoursofwork.html, https://www.ece.gov.nt.ca/advanced-education/employment-standards/frequently-asked-questions/payment-wages, http://www.gov.nu.ca/finance/information/human-resources-manual, http://www.labour.gov.on.ca/english/es/tools/srt/coverage_transportation_drivers_trucks.php, ON Local Cartage Driver or Helper OT Plan, http://www.labour.gov.on.ca/english/es/tools/srt/coverage_transportation_drivers_helpers.php, http://www.labour.gov.on.ca/english/es/pubs/guide/overtime.php, http://www.labour.gov.on.ca/english/es/pubs/hours/infosheet.php, http://www.gov.pe.ca/labour/index.php3?number=1022319&lang=E, http://www.canlii.org/en/qc/laws/stat/rsq-c-n-1.1/latest/rsq-c-n-1.1.html, https://www.saskatchewan.ca/business/employment-standards/wages-and-pay/overtime, http://www.ceridian.ca/en/resources-tools/legislation/employment-standards-yk.html. Nearly 10 years ago, California lawmakers enacted legislation that provided employers with the apparent flexibility to accommodate nonexempt workers who wanted to switch from the standard five-day, 40-hour week to the so-called 4-10 work schedule. If an employee works more than a certain amount of hours in a day or in a week, he's entitled to varying levels of overtime pay. Changing Employee Work Schedules: What You Should Know For employees on a 9/80 or 4/10 work schedule overtime is authorized in excess of 9 hours or 10 hours, respectively, in any one day. California Labor Laws for Salaried Employees, California Labor Laws on Split Shift & Overtime, California Labor Laws on Days Off Per Week, California Labor Laws Relating to Breaks & Meal Periods, California Department of Industrial Relations: Overtime, California Department of Industrial Regulations: Exceptions to the general overtime law. The plans below are categorized into U.S. and Canadian tables: if your is... 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