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.