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#ALTERNATIVE WORK SCHEDULE CALIFORNIA CODE#
Maldonado thus highlights two issues that California employers should heed – the need to follow the proper procedures to adopt an alternative workweek schedule that contravenes the generally-applicable Labor Code provisions, and the need to ensure wage statements provide all required information.Įpsilon Plastics’ business relied on machinery that could not be turned off each night without incurring significant costs. The Court of Appeal upheld the decision as to Epsilon’s failure to pay overtime, but reversed as to the wage statement violations, confirming that employee paystubs should reflect amounts actually paid – not the amounts that should have been paid. 5th 1308 (2018), a class action, the trial court had awarded damages for unpaid overtime due to Epsilon’s improper alternative work schedule, and then awarded penalties for failure to state the amount of overtime Epsilon should have paid in the employees’ wage statements. While there are exceptions that allow employers some flexibility – such as with alternative work schedules – these, too, come with rules that must be followed. Failing to comply with these laws can mean lawsuits, including class actions and representative actions that could cost millions. Boxes), each applicable rate of pay (regular and overtime) and hours worked. They are also doubtlessly aware that the Labor Code requires certain information to be disclosed on employees’ pay stubs, such as the employer’s correct name and address (no P.O. W ritten by Cynthia Flynn.Īny employer with hourly, non-exempt employees in California, probably knows to pay overtime if they work more than 8 hours a day or 40 hours a week. Reprint from Orange County Lawyer Magazine October 2018.