EmploymentQuestion 548 of 1632

Before a contractor can implement a four-day, ten-hour alternative workweek schedule without paying daily overtime, what employee approval is required?

a.A written agreement signed individually by each affected employee
b.A simple majority of the affected employees, by secret ballot
c.Two-thirds approval of the work unit by secret ballot
d.A noticed disclosure meeting held 14 days before the vote

Explanation

Labor Code §511 and Wage Order 16 §3(C)(1), the construction wage order, require the schedule to be proposed in writing and adopted in a secret ballot election held before the work is performed, by at least a two-thirds vote of the affected employees in the work unit. A simple majority is the most common error - two-thirds is the bar. Individual signatures cannot substitute for the election: the unit votes, and one employee's agreement neither binds the unit nor waives daily overtime. The noticed disclosure meeting is real and mandatory - at least 14 days before the vote, and failing to hold it makes the election null and void - but it is a step toward the vote, not the approval.

Law Reference: Labor Code §511; 8 CCR §11160 (Wage Order 16) §3(C)(1), (C)(3)

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