California Senate Bill SB404 Introduced / Bill

 BILL NUMBER: SB 404INTRODUCED BILL TEXT INTRODUCED BY Senator Benoit FEBRUARY 26, 2009 An act to amend Section 511 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 404, as introduced, Benoit. Alternative workweek. Existing law requires that an alternative workweek schedule proposed by an employer may be adopted through a 2/3 majority vote of the employees in a secret ballot. It also requires, among other things, that an employer report to the Division of Labor Statistics and Research within the Department of Industrial Relations the results of an election to establish an alternative workweek within 30 days of the election. This bill would change the time limit for an employer to report the results of an alternative workweek election to an indeterminate number of days following the election. 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 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. (b) An affected employee working longer than eight hours  ,  but not more than 12 hours in a day  pursuant to   , under  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   two times  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   This  section  requires   does not require  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   A  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   An  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 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   an  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  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   no  more than 10 hours  of  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.