Katy Raytis, Esq.
05/21/2009 
 
The Labor Commissioner recently issued new guidance related to alternative workweek schedules.  Specifically, an employer was allowed to adopt a 9/80 schedule from June to September (i.e., a “summer schedule”) while maintaining a normal 8-hour schedule for the remainder of the year.  Importantly, the Labor Commissioner noted that the employer does not need to conduct additional secret ballot elections if the schedule is to recur in subsequent years. 

Essentially, this opinion letter confirms that alternative workweek schedules can be offered for a specific, regularly recurring period of time each year and that a single secret-ballot election can provide the requisite approval.  In light of this recent opinion, you may want to consider whether a temporary alternative workweek schedule would be beneficial to your business.  If you have any questions related to summer schedules or other alternative workweek issues, do not hesitate to contact us.

The opinion letter can be viewed in full at the following:  http://www.dir.ca.gov/dlse/opinions/2009-03-23.pdf