276 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 511 Alternative Workweek. Employers may adopt a four-day ten-hour regular workweek without paying daily overtime after eight hours, if two-thirds of employees so choose in a secret ballot election subject to strict specific procedures. Any work over 40 hours in a week, or over regularly scheduled hours in an alternative workday up to 12 hours, must be paid at 1.5 times the employee’s regular rate. Hours over 12 in a workday and after eight hours on a day that the employee is not normally scheduled to work must be paid at double time. Employers must make reasonable effort to accommodate those who cannot work more than 8 hours per day. Exception: Where CBA covers wages, hours of work, and working conditions, and provides premium wage rates for overtime and a regular hourly rate of not less than 30 percent more than the state minimum wage. LC 558 513 Makeup Work Time. Employers may approve written employee requests to make up lost time at straight time rates, provided the request is not solicited by the employer and the employee does not work more than 11 hours in any workday or 40 hours in any workweek, and that the make-up hours be performed in the same workweek in which the time was lost. Each incident of makeup work must be requested by the employee and reduced to a written agreement. Managers must not encourage employees to request to make up work time. LC 558 1194.2 Liquidated Damages for Failure to Pay Minimum Wage. Employees can recover liquidated damages in an amount equal to the wages unlawfully unpaid with interest. A suit for liquidated damages may be filed at any time before the expiration of the statute of limitations for bringing the underlying action alleging failure to pay minimum wage. LC 1194.2 11971197.1 No Payment of Less Than Minimum Wage Fixed by IWC or by State or Local Law. Employers must not pay less than the minimum wage fixed by the IWC or any applicable state or local law. Penalties for an intentional first violation are $100 per employee per pay period, and penalties for a further violation, whether or not the first was intentional, are $250 per employee per pay period. LC 1197.1; LC 203 1197.5 No Gender, Race, or Ethnicity-Based Wage Discrimination or Retaliation. Employers must not pay less for “substantially similar work” because of sex, race, or ethnicity. Employers must maintain (for at least three years) records regarding wages, job classifications, and other terms and conditions of employment. Employers have the burden to establish a reason other than gender accounts for any pay discrepancy. Prior salary will not, by itself, justify any disparity in compensation. LC 210
RkJQdWJsaXNoZXIy OTkwMTQ4