Alternative Workweek Schedule – How does it work?

Posted on September 23, 2021

An alternative workweek schedule, or AWS, is a set workweek that requires you to work over 8 hours in a 24-hour period, but has fewer days in the workweek.

You can decide to use an AWS by voting. If an AWS is adopted, it can impact your overtime pay.

What is an alternative work schedule?

In California, an alternative work schedule (AWS) is a different way to structure your workweek than the normal eight-hour day. Work units that choose to use one will have longer workdays. However, they will have shorter workweeks.

Because the normal workday is longer, an AWS will alter your rights to daily overtime pay. However, because the workweek is the same, it will not alter your wages.

California labor law and the wage orders by the Industrial Welfare Commission allow for alternative workweeks that require you to work up to 10 hours in a day.¹

However, no AWS can require you to work more than 40 hours in a workweek. This provides flexibility to both:

• employers, and
• you.

Different employees in a workplace can be on different work schedules. Any AWS adopted only applies to the work unit that approved it.

Alternative work schedules are allowed under California’s state employment law. Outside of the state of California, these laws have no effect, though some states may have their own laws allowing for an AWS.

How can an alternative workweek schedule be implemented?

Work units can implement an alternative workweek after their employer:

• proposes it in writing, or
• through a collective bargaining agreement.

An employer’s proposed AWS is only adopted if two-thirds of the affected workers in the work unit approve of it. Voting must be done in a secret ballot.

When your employer proposes an alternative workweek schedule, it can offer a:

• single AWS, or
• a menu of options.

One of these options can be a standard schedule of 8-hour days.² Your employer has to:

• issue a written disclosure that details the proposed schedules, and
• hold a meeting at least 14 days prior to voting.

If more than 5 percent of the affected employees speak a language other than English, the written disclosure has to be provided in that language, as well. Employers can advocate for or against an AWS, but cannot:

• intimidate,
• discriminate against,
• retaliate against, or
• discharge

you over the election or the AWS.³

The election to establish an alternative workweek schedule has to be held on the worksite of the affected employees, during regular working hours. It has to:

• be a secret ballot election, and
• happen before the new schedule is implemented.

To pass, at least two-thirds of the vote of the affected employees in the work unit has to support the alternative schedule.⁴

If approved by a two-thirds vote, California employers have to report the results of the election to the Division of Labor Standards Enforcement at the Department of Industrial Relations within 30 days.⁵

If you and your fellow employees adopt a menu of work schedule options, you can switch from one schedule to another on a weekly basis, with your employer’s consent.⁶

Your employer cannot reduce your regular rate of pay regardless of whether you and your fellow workers vote to:

• approve,
• deny, or
• repeal

an alternative workweek schedule in the secret ballot vote.⁷

What is a work unit?

A work unit is any readily identifiable group of employees.⁸ This can include a:

• division,
• department,
• job classification,
• shift,
• separate physical location, or
• recognized subdivision of any other work unit.⁹

There is no need for there to be multiple workers in a work unit. It can still be an identifiable work unit if it only consists of a single employee.¹⁰

How can an AWS impact overtime pay?

If there is an alternative workweek schedule in place, it will alter how or whether non-exempt employees receive overtime pay in California.

If you have an AWS, you are paid overtime wages for any hour worked in excess of:

• the regularly scheduled number of hours of work, as established by the AWS, or
• 40 hours per week.¹¹

This is different from a regular worker’s right to overtime pay. When there is no alternative workweek schedule in place – and you are a non-exempt employee – you are entitled to overtime for hours worked in excess of:

• 8 hours in a single workday,
• 40 hours in a workweek, or
• 6 consecutive days in a workweek.¹²

In either case, overtime wages are 1.5 times your regular rate of pay.

Additionally, if you have an alternative workweek schedule, you are entitled to double-time pay for any hour worked in excess of:

• 12 hours in a workday, or
• the 8th hour of a day that is not in the AWS’s regularly scheduled workdays.¹³

This is different from double-time pay rights for workers who are not in an AWS. Here, your employer must pay you double-time pay for hours worked in excess of:

• 12 hours in a single workday, or
• the 8th hour of your 7th day of work.¹⁴

In either case, these overtime premium wages are twice your regular rate of pay.

The payment of overtime has to be made no later than the payday for the next regular pay period.¹⁵

What are some common alternative schedules?

Some common alternative workweek schedules used in California workplaces include:

• a 4-day workweek, at 10 hours per day (known as a 4/10 work week),
• 8 days of 9 hours, 1 day of 8 hours, and an extra day off in a 2-week period (known as a 9/80 schedule, because it spaces the 80 hours over only 9 days), and
• 3 days of 10 hours and 2 days of 5 hours.

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