Employment: flexible work schedules.
The bill proposes significant changes in California labor law, particularly affecting the classification of work hours for nonexempt employees. If enacted, employers will not be obligated to pay overtime for the 9th and 10th hours of work each day under an employee-selected flexible work schedule. Only hours worked beyond the 10-hour workday will trigger overtime rates. This change is expected to make it easier for small businesses to implement flexible work arrangements, which could ultimately lead to increased employee satisfaction and retention while potentially reducing operational challenges driven by rigid scheduling.
Assembly Bill 1761, also known as the Workplace Flexibility Act of 2022, aims to amend the Labor Code to allow individual nonexempt employees to request flexible work schedules of up to 10 hours per day within a 40-hour workweek. This legislation addresses current limitations that prevent employees from opting for longer workdays without incurring overtime pay. Proponents argue the bill offers necessary flexibility for both workers and employers, indicating that many workers could benefit from a better work-life balance by being able to select schedules that allow them to manage their personal affairs more effectively.
While supporters of AB 1761 highlight its potential benefits for employee flexibility and business productivity, critics raise concerns about worker protections. The bill does not apply to employees covered by existing collective bargaining agreements or certain public sector employees, which has sparked debate about fairness and equality in workplace standards. Critics argue that it may exacerbate discrepancies in work conditions between unionized and nonunionized workers. There is also apprehension that allowing longer workdays without overtime pay could lead to increased exploitation of workers, particularly in low-wage sectors.