A four-day workweek can sound pretty simple.
Maybe your employees want to work four 10-hour days instead of five eight-hour days. Maybe the schedule works better for your business. Everyone agrees, so you make the change.
In California, it is not that simple.
If your business is considering an alternative workweek schedule, there is a formal process that needs to happen before employees begin working the new schedule.
And that process takes planning.
You Cannot Just Change the Schedule
One of the biggest misunderstandings we see is the idea that an alternative schedule is okay as long as the employee wants it.
An employee might say, “I would rather work 10 hours a day and have an extra day off.”
That preference may make the schedule appealing, but it does not replace California’s requirements for properly adopting an alternative workweek.
For many California employers, the process includes presenting the proposed schedule to the employees who will be affected, providing information about the change, holding an election, and reporting the results to the state.
This is why employers should start the conversation well before they want the new schedule to begin.
The Two-Thirds Vote Matters
One of the most important parts of the process is the employee vote.
Under California Labor Code Section 511, an alternative workweek schedule generally must be approved by at least two-thirds of the affected employees in the work unit.
That is an important distinction.
It is not simply a matter of asking a few employees whether they like the idea or getting informal agreement from the team.
If the required number of employees does not approve the proposed schedule, the employer cannot move forward with that alternative workweek arrangement.
For HR professionals and business owners, that means it is worth thinking carefully about the proposed schedule before beginning the election process.
Give Yourself Enough Time
This is also not something most employers should expect to put in place next week.
We encourage employers to think in terms of months of preparation rather than days.
There can be several steps involved, including:
- Determining which employees will be affected
- Reviewing the proposed schedule
- Communicating the change to employees
- Completing the required election process
- Confirming that the necessary employee approval was received
- Reporting the election results to the State of California
- Preparing payroll, timekeeping, and management practices for the new schedule
The California Department of Industrial Relations also maintains information about alternative workweek elections and applicable Wage Orders that employers can review as part of the process.
Is an Alternative Workweek Right for Your Business?
A 4/10 schedule or another alternative arrangement may make sense for some workplaces. For others, the administrative requirements or operational needs may make a traditional schedule a better fit.
The important thing is to evaluate the change before announcing it.
Consider how the schedule will affect staffing, customer needs, payroll, overtime, employee coverage, and day-to-day operations. Then make sure you understand the legal process that applies to your workforce.
Alternative workweeks can offer flexibility, but they work best when employers plan ahead.
If your business is considering an alternative workweek schedule, Koegle Law Group can help you review the requirements, understand the process, and talk through how the proposed change may affect your workplace.
Frequently Asked Questions
Can an employee simply choose to work four 10-hour days?
Generally, employee preference alone does not create a compliant alternative workweek schedule in California.
How many employees must approve an alternative workweek?
California Labor Code Section 511 requires approval from at least two-thirds of the affected employees in the applicable work unit.
Should employers plan ahead when considering an alternative workweek schedule?
Yes. Because the process can involve employee communication, an election, state reporting, and implementation planning, employers should give themselves plenty of time before making the change.
👉 Contact Koegle Law Group to schedule a consultation and learn how we can help guide your business the right way.
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