Alternative Workweek Schedule
California's framework for implementing schedules like 4/10s or 9/80s that allow employees to work longer days without daily overtime, subject to employee vote and regulatory requirements.
What Is an Alternative Workweek Schedule?
An alternative workweek schedule (AWS) is a California-approved arrangement that allows employers to schedule employees for longer workdays (up to 10 hours for most industries) without paying daily overtime for hours beyond 8. This provides flexibility for both employers and employees while maintaining worker protections through a formal adoption process.
Alternative workweek schedules are commonly used in manufacturing, healthcare, retail, and other industries where extended shifts offer operational or employee lifestyle benefits.
Why Use an Alternative Workweek Schedule?
Benefits for Employers
| Benefit | Description |
|---|---|
| Reduced overtime costs | Avoid daily OT for shifts up to 10 hours |
| Operational efficiency | Longer shifts may reduce handoff/startup time |
| Extended coverage | Cover longer operating hours with fewer shifts |
| Recruitment advantage | Compressed schedules attract candidates |
| Reduced commuting | Fewer days mean less employee travel |
Benefits for Employees
| Benefit | Description |
|---|---|
| More days off | 4-day workweeks mean 3-day weekends |
| Work-life balance | Compressed schedule offers flexibility |
| Reduced commuting | Fewer trips to work |
| Longer blocks of time | Better for appointments, childcare |
| Consistent schedule | Predictable days off |
Common Alternative Workweek Configurations
4/10 Schedule
Four 10-hour days per week:
| Day | Hours |
|---|---|
| Monday | 10 hours |
| Tuesday | 10 hours |
| Wednesday | 10 hours |
| Thursday | 10 hours |
| Friday | Off |
| Saturday | Off |
| Sunday | Off |
Overtime triggers:
- After 10 hours in a day
- After 40 hours in a week
9/80 Schedule
Eight 9-hour days and one 8-hour day over two weeks:
Week 1:
| Day | Hours |
|---|---|
| Monday | 9 hours |
| Tuesday | 9 hours |
| Wednesday | 9 hours |
| Thursday | 9 hours |
| Friday | 8 hours (4+4 split between workweeks) |
Week 2:
| Day | Hours |
|---|---|
| Monday | 9 hours |
| Tuesday | 9 hours |
| Wednesday | 9 hours |
| Thursday | 9 hours |
| Friday | Off |
Key: The Friday workday is split into two 4-hour segments assigned to different workweeks, keeping each workweek at 40 hours.
3/12 Schedule (Healthcare)
Three 12-hour days per week (requires special healthcare provisions):
| Day | Hours |
|---|---|
| Mon/Wed/Fri | 12 hours each |
| Total | 36 hours |
This schedule is common in healthcare under the healthcare overtime rules.
Other Configurations
| Schedule | Description |
|---|---|
| 4/9 + 4 | Four 9-hour days plus one 4-hour day |
| Rotating 4/10 | Different employees off different days |
| Seasonal | AWS during certain seasons |
Legal Requirements for Adoption
California has strict requirements for adopting an alternative workweek schedule.
Step 1: Identify the Work Unit
The AWS must be adopted by a "work unit":
| Work Unit Type | Description |
|---|---|
| Division | A separate division of the business |
| Department | A specific functional department |
| Job classification | All employees in a particular role |
| Shift | All employees working a specific shift |
| Individual | Allowed in healthcare only |
Not a valid work unit: Cherry-picked employees from different departments or shifts.
Step 2: Develop the Proposal
The written proposal must include:
- Proposed schedule(s)
- Number of days/hours per day
- Work unit affected
- Designation of regularly scheduled days off
- Notice that employees who voted against may be required to work the schedule
Step 3: Provide Written Disclosure
At least 14 days before the vote, provide employees:
| Disclosure Item | Details |
|---|---|
| Effects on wages | How pay will be calculated |
| Effects on hours | Schedule details |
| Effects on benefits | Any impact on benefits |
| Meeting information | Date, time, location |
Step 4: Hold a Non-Working Time Meeting
Conduct a meeting:
- During non-working time
- To discuss the effects of the proposed arrangement
- Allow employees to ask questions
- Provide interpreter services if needed
Step 5: Conduct the Election
Requirements for the vote:
| Requirement | Details |
|---|---|
| Timing | At least 14 days after disclosure |
| Method | Secret ballot |
| Location | At the worksite |
| Approval threshold | Two-thirds (2/3) of affected work unit |
Step 6: Report to DLSE
Within 30 days of the election:
- Complete the DLSE Alternative Workweek Election form
- Include:
- Employer name and address
- Nature of business
- Work unit affected
- Number of employees in work unit
- Number of employees who voted
- Number of affirmative votes
- Proposed schedule
Filing address: California Department of Industrial Relations Division of Labor Standards Enforcement [Regional office serving your location]
Step 7: Implementation
Do not implement until:
- At least 30 days after filing with DLSE
- All employees have received written notice of approved schedule
Overtime Under an Alternative Workweek
Regular Alternative Workweek Day
If the AWS is 4/10:
| Hours | Rate |
|---|---|
| Hours 1-10 | Regular rate |
| Hours 10.01-12 | 1.5× |
| Over 12 hours | 2× |
Working Outside the Schedule
If an employer requires work beyond the regularly scheduled hours:
| Scenario | Rate |
|---|---|
| Hours beyond regular schedule (up to 10) | Regular rate |
| Hours over 10 in a day | 1.5× |
| Hours over 12 in a day | 2× |
| Hours over 40 in a week | 1.5× |
Voluntary Extra Work
Employees may voluntarily work up to 10 hours per day at regular rate, even if not the regularly scheduled day, provided:
- The request is truly voluntary
- No coercion exists
- Weekly hours don't exceed 40
Seventh Day Rules
On the seventh consecutive day of the workweek:
| Hours | Rate |
|---|---|
| First 8 hours | 1.5× |
| Over 8 hours | 2× |
Example: Overtime Calculation with 4/10 AWS
An employee on a 4/10 schedule earns $25/hour and works:
| Day | Hours | Classification |
|---|---|---|
| Monday | 10 | Regular schedule |
| Tuesday | 11 | Regular + 1 hr OT (over 10) |
| Wednesday | 10 | Regular schedule |
| Thursday | 10 | Regular schedule |
| Friday | 5 | Voluntary (asked to work) |
| Total | 46 |
Calculation:
| Component | Hours | Rate | Amount |
|---|---|---|---|
| Regular (up to 40) | 40 | $25.00 | $1,000.00 |
| Daily OT (Tuesday, hour 11) | 1 | $37.50 | $37.50 |
| Weekly OT (hours 41-46) | 5 | $37.50 | $187.50 |
| Total | $1,225.00 |
Note: The daily OT hour counts toward the weekly 40, so Friday's 5 hours are weekly OT.
Employee Rights Under an AWS
Right to Refuse (New Employees)
Employees hired after the AWS is adopted may refuse to work the alternative schedule if:
- They are unable to work the schedule due to religious beliefs or obligations
- A reasonable accommodation cannot be made
Meal and Rest Breaks
Break requirements remain the same regardless of AWS:
| Break Type | Requirement |
|---|---|
| Rest breaks | 10 minutes per 4 hours worked |
| Meal breaks | 30 minutes by 5th hour |
| Second meal | 30 minutes by 10th hour (on 10+ hour shifts) |
Repeal Process
Employees can vote to repeal an AWS:
- One-third of affected employees petition for repeal vote
- Employer conducts secret ballot election
- Majority votes to repeal
- Employer reports repeal to DLSE
Common Compliance Mistakes
Mistake 1: Skipping the Vote
Problem: Implementing AWS without employee election.
Consequence: All hours over 8/day are overtime. Back pay liability.
Solution: Follow full adoption process, even if employees support the schedule.
Mistake 2: Invalid Work Unit
Problem: Creating a work unit of hand-picked employees.
Consequence: Invalid election. AWS not effective.
Solution: Use legitimate work units (department, shift, classification).
Mistake 3: Coerced Voluntary Work
Problem: Pressuring employees to work "voluntary" extra days.
Consequence: Extra work is not truly voluntary, overtime applies.
Solution: Ensure voluntary requests are genuinely optional.
Mistake 4: Failing to Report to DLSE
Problem: Not filing election results with DLSE.
Consequence: AWS may not be valid.
Solution: File within 30 days of election.
Mistake 5: Improper Schedule Changes
Problem: Changing the AWS schedule without re-election.
Consequence: New schedule may not be covered. Overtime exposure.
Solution: Hold new election for any schedule modifications.
Recordkeeping Requirements
Employers must maintain:
| Record | Retention |
|---|---|
| AWS proposal and disclosure | Indefinitely while AWS is active |
| Election ballots | 3 years |
| DLSE filing confirmation | Indefinitely while AWS is active |
| Employee acknowledgments | Duration of employment + 3 years |
| Time records showing AWS schedule | 4 years |
Industry-Specific Considerations
Manufacturing
- AWS allows extended production runs
- Must coordinate with maintenance schedules
- Consider equipment operation cycles
Healthcare
See Healthcare Overtime for:
- Individual election option
- 12-hour shift provisions
- Specific requirements for medical facilities
Retail
See Retail Scheduling for:
- Interaction with predictive scheduling laws
- Customer service coverage needs
- Seasonal variations
Security
See Security Guard Overtime for:
- 24/7 coverage scheduling
- Post staffing requirements
- Overnight shift considerations
Sample Implementation Timeline
| Week | Action |
|---|---|
| Week 1 | Draft proposal, identify work unit |
| Week 2 | Finalize proposal and disclosures |
| Week 3 | Distribute written disclosure to employees |
| Week 4 | Conduct non-working time meeting |
| Week 5 | Conduct secret ballot election |
| Week 6 | Tabulate results, notify employees |
| Week 7 | File results with DLSE |
| Weeks 8-11 | 30-day waiting period |
| Week 12 | Implement alternative workweek schedule |
Technology Solutions
Workforce management systems support AWS by:
- Schedule templates: Pre-built 4/10, 9/80 configurations
- Overtime rules engine: Calculates OT based on AWS parameters
- Compliance tracking: Ensures proper break scheduling on long days
- Election management: Tracks adoption process and documentation
- Reporting: Documents AWS compliance for audits
Frequently Asked Questions
Can we adopt an AWS for just some employees?
Yes, if they constitute a valid work unit (e.g., a department or job classification).
What if an employee can't work the schedule due to childcare?
Employers should consider reasonable accommodations. New employees may have religious accommodation rights.
Can we change the AWS from 4/10 to 3/12?
You need a new election for a different schedule unless it's healthcare with proper individual agreements.
What if the DLSE doesn't acknowledge our filing?
The 30-day clock starts when you file, regardless of DLSE response. Keep proof of filing.
Do temporary employees participate in the election?
Yes, all employees in the work unit who will be affected should participate.
The alternative workweek schedule is a powerful tool for California employers seeking scheduling flexibility, but its benefits are only available through strict compliance with the adoption and reporting requirements.
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