California Labor &
Employment Law Blog
Apr 23, 2009

DLSE Approves Summertime Alternative Workweek Schedule

Topics: Legal Information

California's Department of Labor Standards Enforcement recently issued an opinion letter ratifying an employer's implementation of an alternative workweek schedule solely for summer months. More specifically, the DLSE indicated that an employer could lawfully have employees work a regular 8 hour per day, 40 hour per week schedule from October through May, and an alternative "9/80" schedule from June through September. The DLSE opined that even though the alternative schedule was limited to 4 months out of the year, it was a still a "regularly recurring" schedule within the meaning of California Labor Code section 511(a), which specifies the parameters and process for adoption of an alternative workweek schedule in California.

Even though the DLSE approved the seasonal use of an alternative workweek schedule, it is important to note that employers wishing to implement any alternative workweek schedule must still go through the election process set forth in Labor Code section 511 and the Industrial Welfare Commission Wage Orders, and the specific alternative workweek schedule must also be in compliance with the hours limitations for alternative workweek schedules set forth in the governing statutes.

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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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