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Shortchanged by Alternative Work Week Schedule
Benefits & Compensation
Shortchanged by Alternative Work Week Schedule
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I am the OD Manager for my husband's small dental practice in California, with only 4 employees. Because our office is only open 4 days/week, we have adopted the alternative work week schedule for our
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Forums » Topic Forums » Benefits & Compensation » Shortchanged by Alternative Work Week Schedule
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Shortchanged by Alternative Work Week Schedule
posted at 6/4/2010 2:59 PM EDT
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Posts: 3
First: 11/12/2008 Last: 6/7/2010 |
I am the OD Manager for my husband's small dental practice in California, with only 4 employees. Because our office is only open 4 days/week, we have adopted the alternative work week schedule for our 2 full-time, exempt salaried employees, which they have signed agreement to. The alternative schedule is four, 10 hour days per week. The employees love it.
However, some weeks when business is slow, we are finished with the day's work by the employees' 8th or 9th hour. They are currently averaging about 36-38 hours/week. They are not receiving over-time each day they work more than 8 hours, but will receive OT if they work more than 40 hours/week. Are there any legal repercussions with them working less than 10 hours/day, or less than 40 hours/week with the alternative work week schedule? Not sure if we're doing this right. Help! |
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Shortchanged by Alternative Work Week Schedule
posted at 6/5/2010 10:23 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
wait..first you state they are exempt and then you state that they are due overtime. You need to make sure that you have them classified correctly under one or the other...it is not possible for one employee to be both at the same time. And generally for 4 employees, only 1-2 of them would truly fall under an exemption. I know CA has specific exemptions that are different from Federal, but whichever is MORE favorable to the employee applies.
If they are truly exempt, you don't owe them any OT, but you can't dock for going home early. You can charge that time to a paid time off bank, but can't deduct wages for any day that they work any part of the day. The only real exception to that is FMLA usage. If they are nonexempt, then I can't answer as I am not really all that familiar with CA's overtime laws...especially with AWWs. |
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Shortchanged by Alternative Work Week Schedule
posted at 6/7/2010 2:40 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Also, if they truly are non-exempt, you don't have to pay them for any hours not worked. For example if they run out of work at the end of the 8th hour, you can just send them home and not pay them for the remaining two hours of that workday. |
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Shortchanged by Alternative Work Week Schedule
posted at 6/7/2010 3:21 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
In California, the general overtime provisions are that a nonexempt employee shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Double the employee's regular rate of pay must be paid for all hours worked in excess of 12 hours in any workday. Dave Arnold, Ph.D., J.D. |
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Shortchanged by Alternative Work Week Schedule
posted at 6/7/2010 3:47 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
ummm, mellymerch, I don't think these employees are as happy as you say they are. One of them's over at laborlawtalk.com right now, complaining bitterly about the whole situation. |
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