New Bill to Allow Flexible Work Schedules

Assemblyman Randy Voepel (R-Santee) introduced Assembly Bill 230 to allow flexible work schedules in California. The bill would amend Section 510 of and add Section 511.5 to the Labor Code. Section One of the bill would title the measure the “Workplace Flexibility Act of 2021.”

Section Two of the bill would make eight legislative findings and declarations including that California’s overtime laws make it difficult for most employers to reach an agreement with an individual worker to allow a flexible work schedule. In addition, existing state law does not permit an employer to allow an individual worker to choose a flexible work schedule.

Section Three of the bill would amend Labor Code Section 510 to create an additional exemption from the eight-hour overtime rule to include an employee-selected flexible work scheduled adopted pursuant to this bill.

Section Four of the bill would add Labor Code Section 511.5 to permit an individual, non-exempt employee to work up to 10 hours per workday without being paid overtime, so long as the employee requests this schedule in writing and the employer approves the request. In addition, the flexible work schedule would have to include the following provisions:

• A statement that the employer and employee participating in the flexible work hour plan understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week is required to be compensated at the rate of one and one-half times the regular rate of pay.
• A description of the flexible work hour plan.
• A statement that the flexible work hour plan has not been made a condition of employment and that participation in the plan is voluntary.
• The original signature of the employee and the employer or authorized representative.

If an employee-selected flexible work schedule is adopted, the employer would be required to pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours.

In addition, an employer may inform its employees that it is willing to consider employee requests to work an employee-selected flexible work schedule, but employers would be prohibited from inducing a request by promising an employment benefit or threatening an employment detriment.

An employee or employer may discontinue an employee-selected flexible work schedule at any time by giving written notice to the other party.  However, this section of the law, if enacted, would not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.

This bill is likely to be heard in March for its first policy committee.