Workers can repeal an alternative work programme that has been duly adopted, with the majority of two-thirds of the workers involved. In addition, the employer must conduct a new secret ballot in order to remove the alternative timetable at the request of a third of the workers concerned. In addition, an election must be held within 30 days of the petition, unless the alternative work week has been in effect for less than a year. A minimum of 12 months between the adoption and the lifting of elections is required, except in special circumstances. An employer may unilaterally terminate another weekly work schedule without choice after an appropriate notification has been communicated to the relevant work units. California Labor Code Section 510 (a) (1) states that “any work of more than 8 hours per day is compensated with an overtime rate of one and a half hours. However, this does not apply to a staff member who works in accordance with a duly accepted AWS. The 4/10 alternative work plan mentioned above would be an example. The 4/10 work plan is when an employer states that the worker must work 10 hours a day for four days a-the-week. Epsilon staff had a relatively normal work schedule of 48/32 hours.
In other words, they worked 12 hours a day, alternately between 4 weeks and 3 weeks. They received their usual wage rates for 10 hours per day and for the remaining two hours. The plaintiffs filed a class action under California`s Wages and Hours for Unpaid Overtime Act. Although the court found that Epsilon`s agreement would have been an eligible AWS, it nevertheless found Epsilon liable for unpaid overtime, interest, waiting penalties, imprecise wage penalties and legal fees for failing to demonstrate that it had complied with California`s procedural requirements for accepting an AWS. On appeal, Epsilon argued that a previous unit had properly taken over the AWS and that the evidence did not support the Tribunal`s decision. On the other hand, an appeal division of the Los Angeles Superior Court in Mitchell v.