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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11256
Experience:  Significant experience in all areas of employment law.
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If you have voted Alternative work week schedule but you

Customer Question

If you have voted for an Alternative work week schedule but you were not allowed to work your 40 hours during the work week due to rain, or some other reason not personal, are you supposed to receive overtime during Saturday and Sunday if you were asked to work?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The Wage Orders specifically address this situation, wherein they state: "All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (1½) times the employee's regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee's regular rate of pay."

In other words, YES, the employee would be entitled to overtime for any work they perform outside of the alternative work schedule. This holds true even if the employer had a legitimate reason for closing their business on a day for which work would have ordinarily been performed.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Customer: replied 10 months ago.
I'm not sure if I can ask a follow up but I just want to clarify that the employees had not reached their 40 hours in the work week going into work on Friday, Saturday, and Sunday. So based on your response it doesn't matter, if the Alternative work week schedule is Monday through Thursday, and they missed work because the employer had legitimate reason not to work employees they are still entitled to overtime for those work days and better yet it appears they get double time for any work in excess of eight hours on those days.
Customer: replied 10 months ago.
One last question: On the Alternative work week vote, does there need to be specific days identified to establish the regularly scheduled work week?
Expert:  Patrick, Esq. replied 10 months ago.

Thank youf or you reply. This sort of clarifying followup question is no problem for me to address. The answer is yes, there need to be specific days identified for the alternative work schedule, and ANY time worked outside of the agreed upon schedule must be paid as overtime.

See above, wherein the order states "All work performed in any workday beyond the schedule established by the agreement..." Thus, it is the agreed upon work schedule that determined whether overtime must be paid.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

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