Bill Text: CA SBX25 | 2009-2010 | Regular Session | Amended

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Bill Title: Employment: alternative workweek schedules.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-02-19 - Died on file. [SBX25 Detail]

Download: California-2009-SBX25-Amended.html

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BILL NUMBER: SBX2 5	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 14, 2009

INTRODUCED BY   Senator  Ducheny   Cogdill 

                        FEBRUARY 11, 2009

    An act relating to the Budget Act of 2008.  
An act to amend Section 511 of the Labor Code, relating to
employment. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 5, as amended,  Ducheny   Cogdill  .
 Budget Act of 2008   Employment: alternative
workweek schedules.  
   Existing law authorizes an employer to propose an alternative
workweek schedule, as defined, that may be either a single, standard
work schedule or part of a menu of work schedule options offered to
the employees. Under existing law, approval by secret ballot election
of at least 2/3 of the affected employees in a work unit is required
for adoption of an alternative workweek schedule.  
   This bill would define "work unit" for purposes of these
provisions and would authorize inclusion of a regular schedule of
8-hour days in the menu of work schedule options, with specified
overtime compensation. The bill would authorize employees, with the
consent of their employer, to move on a weekly basis from one work
schedule to another on the adopted menu of work schedule options.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2008. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 511 of the   Labor
Code   is amended to read: 
   511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
 readily identifiable work unit. The regularly scheduled
alternative workweek proposed by an employer for adoption by
employees may be a single work schedule that would become the
standard schedule for workers in the work unit, or a menu of work
schedule options, from which each employee in the unit would be
entitled to choose.  Notwithstanding subdivision (c) of Section
500, the menu of work schedule options may include a regular schedule
of eight-hour days that are compensated in accordance with
subdivision (a) of Section 510. Employees who adopt a menu of work
schedule options may, with employer consent, move from one schedule
option to another on a weekly basis. 
   (b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
   (c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal  ,  or
nullification of an alternative workweek schedule.
   (d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j) of
Section 12940 of the Government Code.
   (e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
   (f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
 Numbers   Number  1, 4, 5, 7, or 9 of the
Industrial Welfare Commission is null and void, except for an
alternative workweek providing for a regular schedule of no more than
10 hours' work in a workday that was adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to wage
orders of the Industrial Welfare Commission in effect prior to 1998.
This subdivision does not apply to exemptions authorized pursuant to
Section 515.
   (g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage
 Orders   Order Numbers  4 and 5 in effect
prior to 1998 that provided for workdays exceeding 10 hours but not
exceeding 12 hours in a day without the payment of overtime
compensation shall be valid until July 1, 2000. An employer in the
health care industry shall make a reasonable effort to accommodate
any employee in the health care industry who is unable to work the
alternative schedule established as the result of a valid election
held in accordance with provisions of Wage  Orders 
 Order Number  4 or 5 that were in effect prior to 1998.
   (h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10  hours   hours'
 work in a workday as of July 1, 1999, an employee may continue
to work that alternative workweek schedule without the entitlement
of the payment of daily overtime compensation for the hours provided
in that schedule if the employer approves a written request of the
employee to work that schedule. 
   (i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2008.