California Alternative Workweek Collective Bargaining Agreement

Posted by: In: Ikke kategoriseret 13 sep 2021 Comments: 0

All work performed more than 12 hours per day and all work of more than eight (8) hours on these days, exceeding the normal number of working days set by the alternative weekly work agreement, shall be paid at twice the worker`s normal wage. Any alternative weekly work agreement accepted in accordance with this section must provide for at least four (4) hours of work per shift. Nothing in this section prohibits an employer from replacing, at the worker`s request, one (1) working day with another day of the same duration in the authorized workstation provided for in the alternative weekly work agreement, in order to satisfy the worker`s personal needs without the payment of overtime. In determining when 40 hours were worked to calculate overtime compensation, no account shall be taken of hours paid at one and a half (1) or twice the normal wage. E) The employer shall make reasonable efforts to find a work plan that does not exceed eight (8) hours per working day in order to accommodate any relevant worker who has the right to vote in an election approved by this section and who is unable to work on the alternative work plan established as a result of that election. The U.S. Supreme Court has emphasized that the pre-emptive right of the LMRA cannot, however, be read very far and that different conditions of work and employment should not necessarily be anticipated, even if the subject matter in question is governed by a collective agreement (CBA). As a result, courts apply a two-question test to ensure that the pre-emption decision is only enforced if necessary to keep intact the role of labor arbitration in resolving CBA disputes. . . .

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