The “4 Day Work Week,” also known as the “Alternative Work Schedule”
Are you or your employees working 4 days per week and 10 hours per day? It's no problem, so long as the Employer has complied with very specific compliance guidelines and the work location is registered with the State of California Labor Commission. Simple right? Wrong. For this work schedule to pass muster, meaning, a valid 4-10 work schedule requires very strict compliance.
As a class action attorney, my office has sued many companies and when the dust has settled, the company has paid millions of dollars because the work schedule was not registered with the State of California, or the employer did not comply with the very strict compliance guidelines.
So, why will this cost the employer anything? No big deal. I will simply correct the compliance problem. So what! That isn't how it works. If you don't believe me, check the California dockets at the Stanislaus County Superior Court and look-up defendant, Super Store Industries. Super Store Industries was glad to settle this class action for nearly $10,000,000. You should now be asking, “what the hell did Super Store Industries do and be happy at paying “Ten Million Dollars?” Their three locations in Stanislaus County were not registered with the State of California because they did not take it seriously by retaining an experienced employment law office, like ours, to make sure nothing slipped through the cracks in their Alternative Work Week Schedule.”
560 employees recovered overtime pay for all the hours beyond eight for each work day. The employees received for the prior four years. The ninth and tenth hours were paid at the regular rate of pay, instead of the overtime rate at time plus one-half.
For example, if the employees regular rate of pay is $20 per hour, the overtime rate would be $30.00 per hour for eight hours per week. So, each employee was underpaid $80 per week and the statute of limitations went back four years. For this example, if you multiply 208 week (4 years 52 weeks per year) x $80.00 x 560 employees, that would be over $9,000,000 “NINE MILLION DOLLARS.”
Then we start with obtaining penalties for the inaccurate pay stubs, meal break penalties, and additional penalties under the Private Attorney General Act (PAGA). The PAGA penalties would be several million dollars not even counting the $9,000,000 of underpayments. This is no joking matter.
The three most important words for instituting an “Alternative Work Week Schedule” are COMPLIANCE, COMPLIANCE, COMPLIANCE.
The Law Offices Of Scott A Miller, APC is highly experienced at Labor and Employment Issues because my office has sued between 75 and 100 companies in class actions. I have made millions of dollars in fees. My wife and I live in a 6200 square foot house with 6 bedrooms, 8 bathrooms and a beautiful swimming pool. No one gave me this house, it was earned from the fees made on these cases as described. If you have an existing business or starting a new business, a little slip-up like I discussed above, can put you out of business or take nearly all the money you have accumulated. California Labor Statutes constantly change each and every year. You need an experienced law office to make you are in compliance on many issues after we understand your business. Our goal is to keep you in business and out of the courtroom. Our office knows the little niches that make your business a target by employees and the attorneys that are experienced in class actions and individual cases. There is no such thing as a little labor case. For a short complimentary consultation, call 800-417-2008 and ask for me, Scott Miller.
I promise you will know more than you do in a 15 minute conversation with me.