A construction crew wants to work four 10-hour days each week without daily overtime kicking in at hour 9. What must be in place for this to be lawful?

Explanation

Labor Code §511(a) allows a regularly scheduled alternative workweek of up to ten hours a day within a 40-hour week only where at least two-thirds of the affected employees in a readily identifiable work unit approve it by secret ballot, after the employer has disclosed the proposal in writing and held a meeting at least 14 days before the vote, with the results reported to the DIR. (c) captures the idea of employee consent but makes it individual; the schedule is adopted by a work unit, and one worker cannot opt in or out. (a) is the way these schedules actually get run in the field, and it is unlawful - an unratified 4/10 schedule owes daily overtime after eight hours for every day worked. (d) sends the question to the licensing board, which has no role in wage-hour scheduling.