What is the process for an employer to legally implement an Alternative Workweek Schedule in California?

To legally implement an Alternative Workweek Schedule (AWS), you must follow a strict proposal and secret ballot election process with your employees and then report the results to the state. Failure to adhere to these steps can invalidate the schedule and lead to significant overtime liability. Here is the process to implement an AWS: Step 1: Propose a Schedule for a Specific Work Unit First, identify the group of employees, or "work unit," that will be covered by the new schedule. Then, create a written proposal detailing the specific schedule, such as four 10-hour days (a "4/10" schedule). The proposal must explain how the AWS will affect employees' wages, hours, and benefits. Step 2: Provide Written Disclosure and Hold Meetings You must provide the written proposal to all affected employees. You must also hold informational meetings with the employees at least 14 days before the vote to discuss the proposed AWS and the effects it will have. Step 3: Conduct a Secret Ballot Election Hold a secret ballot election for the affected employees in the work unit. The election must take place at the worksite during regular working hours. The AWS is only approved if at least two-thirds (2/3) of the employees in the work unit vote in favor of it. Step 4: Report the Results to the State Within 30 days of the election, you must report the results to the California Division of Labor Statistics and Research. This report must be filed regardless of whether the measure passed or failed. Important details and nuances: Under a valid AWS, daily overtime rules change. For example, on a 4/10 schedule, you pay overtime only after 10 hours in a day, not 8. Weekly overtime (over 40 hours) rules still apply. You must make a reasonable effort to accommodate employees who cannot work the AWS due to religious beliefs or participation in school or a training program. Warnings and limitations: The procedural requirements are rigid. A minor error, like failing to hold the vote via a secret ballot or not reporting the results on time, can void the entire AWS. If an AWS is found to be invalid, you could be liable for back pay for all daily overtime hours that were not paid since the schedule began. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.