Seyfarth Synopsis: Employers adopting an
Alternative Workweek Schedule (AWS) must follow the specific rules
in the applicable wage order or face liability for unpaid overtime.
But employees cannot recover penalties for accurate wage
statements, even if the statements do not record unpaid wages that
are due. Maldonado v. Epsilon Plastics, Inc.
Legal Background
California Labor Code section 511 provides that an employer may
adopt an AWS only if two-thirds of the affected employees approve
the AWS in a secret vote. Specific AWS requirements appear in the
applicable wage orders.
Wage Order 1, for the manufacturing industry, permits adoption
of an AWS only upon satisfying these requirements: (1) the employer
proposes an AWS in writing, (2) two-thirds of the affected
employees vote to adopt the proposed AWS, in a secret ballot
conducted during regular working hours at the work site, (3) the
employer has made a written disclosure regarding the effects of the
proposed
