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An affected employee working longer than eight hours, but not more than 12 hours in a day, pursuant to 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 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.Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee.In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.The request shall be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee.(e) For each employee participating in an approved voluntary flexible work schedule, the employer shall maintain a signed statement of voluntary participation in the employee’s personnel file or in a single file for all approved voluntary work schedules.(g) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.(2) Not later than January 1, 2021, the Division of Labor Standards Enforcement shall prepare and submit to the Legislature a report, in accordance with Section 9795 of the Government Code, evaluating the California Workplace Flexibility Act of 2016, including, but not limited to, all of the following:(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect.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.
The exemption would allow, at the written request of an individual nonexempt employee on a form provided by the Division of Labor Standards Enforcement, and upon employer approval, an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek.The bill would require the employer to maintain in its files a signed statement of voluntary participation for all approved voluntary work schedules and to submit a copy of the signed request form to the division.The bill would except from its provisions employees covered by collective bargaining and specific public employees.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.