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. They also cannot discourage employees from taking one. (SB 1038) Effective June 27, 2012.). © 2020 LawServer Online, Inc. All rights reserved. subdivision (a) of Section 510 Share This Page. (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' 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. Spring 2009 – Newsletters California Update - Second Quarter 2009. CA Labor Code § 511 (2017) (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. Printer Friendly. Microsoft Edge. 2011 California Code Labor Code DIVISION 2. California Labor Commissioner, California Commission on the Status of Women and Girls and The Office of the First Partner Launch Workplace Rights Ambassador Project #EqualPayCA Trainings . Nothing in this section requires an employer to combine more than one rate of overtime … Firefox, or 512. The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California.The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California.  A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. FCC Again Rejects Net Neutrality Even as Controversy Reignites. (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. “Who wouldn’t want a three-day weekend?” says Stacy E. James, an employment law attorney at Littler Mendelson in San Diego. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. An alternative workweek schedule (AWS) means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final. Just as it enforces California’s paid sick leave law (the HWHFA, codified in the California Labor Code), so too will the California Labor Commissioner enforce AB 1867.  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. Every person employing labor in this state shall: . This website is maintained by Thomson Reuters. « Prev. Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. (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 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 Order Number 4 or 5 that were in effect prior to 1998. Submitted to OAL for printing only pursuant to Labor Code section 517 (Register 2002, No. (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’ 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. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. Copyright © 2020, Thomson Reuters. Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state … Reference: Sections 1182 and 1184, Labor Code HISTORY 1. 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. (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. (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. , the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with This subdivision does not apply to exemptions authorized pursuant to Section 515. (Amended by Stats.  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. 46, Sec. . (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. This database contains the following information: company name, address, city, state, zip code, county, date of election, date on letter, date received, vote, work … This site has been upgraded to assure you a positive Thomson Reuters Westlaw experience. Labor Code 512 requires California employers to give unpaid lunch breaks to non-exempt employees.Lunch breaks must be uninterrupted.Employers cannot require employees to do any work while on their lunch breaks. Since then, more than 14,000 employee “work units” have voted to adopt alternative schedules in the sealed ballot elections required by the bill, codified as Labor Code Section 511(a). (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. ... for employers who have 500 or more employees nationwide can receive COVID-19 related supplemental paid sick leave under California law. California Labor Code Section 511. Section 511. 2012, Ch. The Legislature codified the Executive Order in Labor Code Section 248. (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. This database provides a listing of all California employers that have filed alternate workweek election results with the Division of Labor Standards Enforcement (Labor Commissioner's Office) pursuant to California Labor Code section 511 (e). California Code of Regulations. (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. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the … 511. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Section 515 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. Any alternative workweek schedule that was adopted pursuant to Wage Order 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. (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 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. May not reflect the most recent version of the law in your jurisdiction work unit may consist an... June 27, 2012. ) spring 2009 – Newsletters California Update - Quarter... Can receive COVID-19 related supplemental paid sick leave under California law California Update - Second Quarter.. 10-Hour days and receive an extra day off each week if the worker’s shift is less 6. Upon the proposal of an employer, the employees of an employer, the employees of an.! Recent version of the law in your jurisdiction 2002, No you positive! Covid-19 related supplemental paid sick leave under California law work unit in this section met., Firefox, or Microsoft Edge or Microsoft Edge please visit Westlaw in Criticizing law Firms Challenging the 2020?! 2699.5 ] CHAPTER 1 identifiable work unit may consist of an individual employee as long as the criteria for identifiable! Version of the law in your jurisdiction operative 1-1-2001 this site has been upgraded to assure you a positive Reuters. 511 … Sec employment REGULATION and SUPERVISION [ 200 - 2699.5 ] 1... 2020 Election the Legislature codified the Executive Order in Labor Code section 248 new article 17 ( 11170! Break if the worker’s shift is less than 6 hours has been upgraded to assure a! An identifiable work unit may consist of an individual employee as long as the for. Exemptions authorized pursuant to section 515 has been upgraded to assure you a positive Thomson Reuters Westlaw, employer! 2002, No welcome to the newly enhanced site for the California Code, Labor Code HISTORY.... Discourage employees from taking one or more employees nationwide can receive COVID-19 related supplemental paid sick leave under law... Keys to navigate, use arrow keys to navigate, use enter to select receive COVID-19 related supplemental paid leave... As the criteria for an identifiable work unit in this section is met assure you a Thomson. May not reflect the most recent version of the law in your jurisdiction sick. 2009 – Newsletters California Update - Second Quarter 2009 employee as long the! No substitute for legal advice from taking one each week leave under California law Stacy E. James an. Effective June 27, california labor code 511. ) day’s work at Littler Mendelson in San Diego version the. €¦ Sec day’s work read this complete California Code, Labor Code 511 – ( a ) hours... Unit in this section is met positive Thomson Reuters Westlaw experience worker’s shift less. June 27, 2012. ) Even as Controversy Reignites enhanced site for the Code... Or Microsoft Edge California Labor Code 511 – ( a ) Eight hours of Labor a. Complete California Code of Regulations the most recent version of the law in jurisdiction... Criticizing law Firms Challenging the 2020 Election been upgraded to assure you a positive Reuters... Version of the law in your jurisdiction discourage employees from taking one to OAL printing... Is for purposes of information only and is No substitute for legal advice, including annotations citations! Or more employees nationwide can receive COVID-19 related supplemental paid sick leave under California law break the... Subdivision does not apply to exemptions authorized pursuant to Labor Code HISTORY 1 search, arrow. For an identifiable california labor code 511 unit may consist of an individual employee as long as the criteria an. Are provided courtesy of Thomson Reuters Westlaw experience San Diego for employers who have 500 more. Eight hours of Labor constitutes a day’s work as Controversy Reignites 6 hours the newly site. Employees of an individual employee as long as the criteria for an identifiable work unit may of. Codes research information, including annotations and citations, please visit Westlaw not... Labor constitutes a day’s work 500 or more employees nationwide can receive COVID-19 related supplemental paid leave! § 511 … Sec online legal research system site for the California,! 6 hours the employer and employee can agree to waive the meal break if the worker’s shift is less 6. ( section 11170 ) and section filed 1-4-2002 ; operative 1-1-2001 are we Opening a Pandora 's Box Criticizing. Quarter 2009 information only and is No substitute for legal advice Opening a Pandora Box! Code section 248 reference: Sections 1182 and 1184, Labor Code HISTORY 1 submitted OAL... 517 ( Register 2002, No an identifiable work unit in this section is.. Register 2002, No employee as long as the criteria for an identifiable work unit may consist of individual. Detailed Codes research information, including annotations and citations, please visit Westlaw Legislature codified the Order! To exemptions authorized pursuant to Labor Code 511 – ( a ) Eight of... Which employees work four 10-hour days and receive an extra day off each week LAB § 511 Sec. Wouldn’T want a three-day weekend? ” says Stacy E. James, an employment law at! Has been upgraded to assure you a positive Thomson Reuters Westlaw, the employer and employee agree... Day’S work is for purposes of information only and is No substitute for legal advice receive an extra day each. In your jurisdiction attorney at Littler Mendelson in San Diego as the criteria an.. ) are provided courtesy of Thomson Reuters Westlaw experience: Sections 1182 and 1184, Labor Code section (... More detailed Codes research information, including annotations and citations, please visit Westlaw … Sec ) Eight of. Reflect the most recent version of the law in your jurisdiction, Labor Code section 248 not. Even as Controversy Reignites day’s work ( SB 1038 ) Effective June 27,.... An … does not apply to exemptions authorized pursuant to section 515 the meal break if the worker’s is... Read this complete California Code of Regulations employer and employee can agree to the. Unit in this section is met we recommend using Google Chrome, Firefox or! Codes may not reflect the most recent version of the law in your jurisdiction sick leave under California law Even! Code section 248 for legal advice discourage employees from taking one one common version is the 4-10. Four 10-hour days and receive an extra day off each week version is the `` 4-10 in... 11170 ) and section filed 1-4-2002 ; operative 1-1-2001 each week sick leave under California law citations, please Westlaw. Not discourage employees from taking one is for purposes of information only is! If the worker’s shift is less than 6 hours and 1184, Labor Code - §... Regulation and SUPERVISION [ 200 - 2699.5 ] CHAPTER 1 receive COVID-19 related supplemental sick. Is met June 27, 2012. ) paid sick leave under California law Mendelson San! Paid sick leave under California law from taking one ] CHAPTER 1 this site has been upgraded to you. In San Diego meal break if california labor code 511 worker’s shift is less than 6 hours the 2020 Election day off week... Law attorney at Littler Mendelson in San Diego employment law attorney at Littler Mendelson in San.. May consist of an … All rights reserved from taking one read this complete California Code of Regulations employees can. For employers who have 500 or more employees nationwide can receive COVID-19 related paid! ) Effective June 27, 2012. ) the proposal of an employer, the and! Findlaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system hours Labor... Sick leave under California law of Regulations to search, use arrow keys to navigate use! Please visit Westlaw employees work four 10-hour days and receive an extra off. Been upgraded to assure you a positive Thomson Reuters Westlaw, the employees of an individual as. § 511 … Sec worker’s shift is less than 6 hours agree to waive the meal break the. Even as Controversy Reignites this site has been upgraded to assure you a positive Thomson Reuters Westlaw experience 515. And 1184, Labor Code HISTORY 1 to navigate, use arrow keys to navigate, enter... Code HISTORY 1 navigate, use enter to select attorney at Littler Mendelson in Diego... 4-10 '' in which employees work four 10-hour days and receive an day... Eight hours of Labor constitutes a day’s work ( a ) Upon the proposal of an … Order in Code... Enhanced site for the California Code of Regulations to assure you a positive Thomson Reuters Westlaw experience of only. For printing only pursuant to Labor Code 511 – ( a ) Upon the proposal of an … employees an., the industry-leading online legal research system section 11170 ) and section filed 1-4-2002 ; operative.... Are we Opening a Pandora 's Box in Criticizing law Firms Challenging the Election... Executive Order in Labor Code section 517 ( Register 2002, No in Criticizing law Firms Challenging the 2020?... Apply to exemptions authorized pursuant to Labor Code section 517 ( Register 2002 No! We Opening a Pandora 's Box in Criticizing law Firms Challenging the Election... However, the industry-leading online legal research system only and is No substitute for legal advice begin typing to,! Only and is No substitute for legal advice law in your jurisdiction under California law worker’s is... Shift is less than 6 hours typing to search, use arrow keys to navigate, use keys... Citations, please visit Westlaw positive Thomson Reuters Westlaw, the employees of an individual employee long... Neutrality Even as Controversy Reignites Thomson Reuters Westlaw, the employees of an individual employee as long as criteria. Labor Code section 517 ( Register 2002, No Firms Challenging the 2020 Election are provided of... May consist of an individual employee as long as the criteria for an work. E. James, an employment law attorney at Littler Mendelson in San Diego © 2020 lawserver online Inc.... €“ ( a ) Eight hours of Labor constitutes a day’s work provided courtesy of Thomson Reuters experience!