California Labor &
Employment Law Blog
Mar 3, 2009

California Legislature Introduces Workplace Flexibility Act of 2009

Topics: New Laws & Legislation

In late January, Republican Assemblyman Van Tran introduced AB 141, the Workplace Flexibility Act of 2009. If passed in its current form, this bill would permit an individual non-exempt employee in California to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without any obligation to pay overtime compensation unless the employee works more than 40 hours in a workweek or more than 10 in a workday.

Currently, unionized employees can have their union and employer agree to an alternative workweek schedule without complying with all the alternative workweek election requirements of the California Wage Order. However, right now, the only way for a non-union, nonexempt California employee to work an alternative workweek that involves hours more than 8 in a day without daily overtime is through an alternative workweek agreement and election which would involve his/her entire work unit. This bill is designed to give employees and employers more flexibility to work together individually to design an alternative workweek that the employee desires.

The bill does not allow an employer to force an employee to work an alternative workweek that the employee does not want to work. The request for the alternative workweek must come from the employee under this bill.

Traditionally, the Democratic legislators have rejected legislation like this. However, with the current economic climate, there may be a more reasonable chance that this bill gains traction. Of course,we will continue to monitor the progress of this bill and provide updates.

For a copy of the bill click here.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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