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Workplace Flexibility
March 1, 2010
Garden Grove Chamber Continues To Make Flexibility in the
Workplace A Top Priority
The Garden Grove
Chamber of Commerce is once again supporting its local
businesses members by lending its support to a proposed law that
allows for workplace flexibility.
SB 1335 would promote employee productivity, efficiency, and
satisfaction in the workplace by making it easier for employers
to give employees flexible work schedules. Flexible work
schedules are a win-win-win for employees, employers, and the
environment. For employees, they can help to better balance work
and personal lives. For employers, they can greatly increase
workplace productivity, efficiency, and employee recruitment and
retention. And for the environment, flexible schedules mean
fewer cars on the road and reduced greenhouse gas emissions.
“This legislation is important for many of the businesses in
Garden Grove, especially the businesses who may run around the
clock and wish to offer this type of schedule,” stated Dr. Les
Malo, Chair of the Garden Grove Chamber’s Government Affairs
Committee. “Flexibility in the workplace could also be used as
an incentive for employees. This would also align California
with many other states that allow this type of scheduling,”
continued Malo.
California is one of only a handful of states that require
overtime pay for hours worked over 8 in a day (in addition to
over 40 in a week), meaning that 9 and 10-hour work days, common
to flexible schedules, require payment of overtime. Particularly
in today’s economic downturn, many employers find themselves
forced to choose between allowing flexible schedules and keeping
employees on the payroll.
SB 1335 establishes a voluntary, employee-driven process where
the employee can simply request in writing, and the employer may
mutually agree, to a flexible or compressed work schedule, such
as 4/10, 9/80, or other schedule. Hours worked within the
compressed schedule will be paid at straight time rates, but any
hours worked over 10 in a day or 40 in a week will still be paid
at overtime rates. This type of schedule applies exclusively to
businesses that are not covered by a collective bargaining
agreement. In the event that an employer enters into a
collective bargaining agreement subsequent to entering into an
alternative workweek agreement, the Labor Code mandates the
collective bargaining agreement would apply instead.
May 18, 2009
Chamber
Supports Workplace Flexibility
Proposal
The Garden Grove Chamber of Commerce is pleased to support SB
187 (Benoit) and AB 141 (Tran), which will help employees and
employers achieve greater flexibility in work schedules by
allowing workers to request and employers to mutually agree to a
four-day compressed workweek.
SB 187 and AB 141 simplify the establishment of an alternative
work week schedule so that individual workers achieve much
needed flexibility. Employers believe that California law should
permit flexible work week schedules such as four-day workweeks
for individual workers desiring to find a balance between work
and personal lives. SB 187 establishing just this; a voluntary,
employee-driven process where the employee can request and their
employer may mutually agree, to a 4-day compressed workweek
schedule.
Current law is inflexible. Although recent statutory changes
adopted in the 2009 budget process are helpful once the
scheduling has been approved in the election, these changes do
not address the complexity of the process, or the liability that
employers face in the secret ballot election process.
Furthermore, current law is unnecessarily complex and could lead
to employers being sued. The process is complex, and any misstep
by the employer could lead to costly lawsuits. Under current
(and very detailed) Industrial Welfare Commission wage orders,
employers may institute alternative work schedules only if a
supermajority of affected employees agree to the arrangement in
writing and by secret ballot along with Employers holding
discussion meetings before secret ballot voting.
Today’s economic reality requires creative solutions for
employers and employees. In the current economic environment,
many employers cannot afford to provide raises, bonuses and
enhanced benefits. It makes sense to allow employers to provide
flexible work schedules as an employee benefit to increase
morale and allow employees reap the benefit of an extra day off
per week. Working a compressed four-day workweek provides for up
to 50 extra days each year for the average full-time employee.
SB 187 and AB 141 contain important employee protections.
• The bill does not affect workers covered by collective
bargaining agreements. Employees covered by collective
bargaining agreements in both the private and public sector are
exempt from daily overtime. These include all state, county, and
city employees such as those employed by school districts, water
districts and other governmental agencies.
• The employee must request the alternative schedule in writing.
• The employee or the employer may terminate the schedule
agreement in writing at any time.
• The Division of Labor Standards Enforcement will enforce the
new rule and adopt or revise regulations to implement it.
• The bill prohibits any employer from offering an employment
benefit to an employee as an incentive to seek flexible
schedules.
• The bill prohibits retaliation against an employee who does
not seek a flexible schedule.
• The bill also prohibits an employer from forcing an employee
to work more than eight hours in a workday without overtime pay.
March 1, 2010
Garden Grove Chamber Continues To Make Flexibility in the
Workplace A Top Priority
The Garden Grove
Chamber of Commerce is once again supporting its local
businesses members by lending its support to a proposed law that
allows for workplace flexibility.
SB 1335 would promote employee productivity, efficiency, and
satisfaction in the workplace by making it easier for employers
to give employees flexible work schedules. Flexible work
schedules are a win-win-win for employees, employers, and the
environment. For employees, they can help to better balance work
and personal lives. For employers, they can greatly increase
workplace productivity, efficiency, and employee recruitment and
retention. And for the environment, flexible schedules mean
fewer cars on the road and reduced greenhouse gas emissions.
“This legislation is important for many of the businesses in
Garden Grove, especially the businesses who may run around the
clock and wish to offer this type of schedule,” stated Dr. Les
Malo, Chair of the Garden Grove Chamber’s Government Affairs
Committee. “Flexibility in the workplace could also be used as
an incentive for employees. This would also align California
with many other states that allow this type of scheduling,”
continued Malo.
California is one of only a handful of states that require
overtime pay for hours worked over 8 in a day (in addition to
over 40 in a week), meaning that 9 and 10-hour work days, common
to flexible schedules, require payment of overtime. Particularly
in today’s economic downturn, many employers find themselves
forced to choose between allowing flexible schedules and keeping
employees on the payroll.
SB 1335 establishes a voluntary, employee-driven process where
the employee can simply request in writing, and the employer may
mutually agree, to a flexible or compressed work schedule, such
as 4/10, 9/80, or other schedule. Hours worked within the
compressed schedule will be paid at straight time rates, but any
hours worked over 10 in a day or 40 in a week will still be paid
at overtime rates. This type of schedule applies exclusively to
businesses that are not covered by a collective bargaining
agreement. In the event that an employer enters into a
collective bargaining agreement subsequent to entering into an
alternative workweek agreement, the Labor Code mandates the
collective bargaining agreement would apply instead.
May 18, 2009
Chamber
Supports Workplace Flexibility
Proposal
The Garden Grove Chamber of Commerce is pleased to support SB
187 (Benoit) and AB 141 (Tran), which will help employees and
employers achieve greater flexibility in work schedules by
allowing workers to request and employers to mutually agree to a
four-day compressed workweek.
SB 187 and AB 141 simplify the establishment of an alternative
work week schedule so that individual workers achieve much
needed flexibility. Employers believe that California law should
permit flexible work week schedules such as four-day workweeks
for individual workers desiring to find a balance between work
and personal lives. SB 187 establishing just this; a voluntary,
employee-driven process where the employee can request and their
employer may mutually agree, to a 4-day compressed workweek
schedule.
Current law is inflexible. Although recent statutory changes
adopted in the 2009 budget process are helpful once the
scheduling has been approved in the election, these changes do
not address the complexity of the process, or the liability that
employers face in the secret ballot election process.
Furthermore, current law is unnecessarily complex and could lead
to employers being sued. The process is complex, and any misstep
by the employer could lead to costly lawsuits. Under current
(and very detailed) Industrial Welfare Commission wage orders,
employers may institute alternative work schedules only if a
supermajority of affected employees agree to the arrangement in
writing and by secret ballot along with Employers holding
discussion meetings before secret ballot voting.
Today’s economic reality requires creative solutions for
employers and employees. In the current economic environment,
many employers cannot afford to provide raises, bonuses and
enhanced benefits. It makes sense to allow employers to provide
flexible work schedules as an employee benefit to increase
morale and allow employees reap the benefit of an extra day off
per week. Working a compressed four-day workweek provides for up
to 50 extra days each year for the average full-time employee.
SB 187 and AB 141 contain important employee protections.
• The bill does not affect workers covered by collective
bargaining agreements. Employees covered by collective
bargaining agreements in both the private and public sector are
exempt from daily overtime. These include all state, county, and
city employees such as those employed by school districts, water
districts and other governmental agencies.
• The employee must request the alternative schedule in writing.
• The employee or the employer may terminate the schedule
agreement in writing at any time.
• The Division of Labor Standards Enforcement will enforce the
new rule and adopt or revise regulations to implement it.
• The bill prohibits any employer from offering an employment
benefit to an employee as an incentive to seek flexible
schedules.
• The bill prohibits retaliation against an employee who does
not seek a flexible schedule.
• The bill also prohibits an employer from forcing an employee
to work more than eight hours in a workday without overtime pay.
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