Flexible Schedules vs. Alternative Workweek Schedules (AWS): A California HR Guide
As California employers look for ways to support flexibility, especially during the summer months, it’s important to understand the legal and practical differences between Flexible Schedules and Alternative Workweek Schedules (AWS). While both offer more adaptability in the workplace, they are treated very differently under California labor law.
What Is a Flexible Schedule?
A flexible schedule is an informal agreement between an employer and employee to adjust start/end times or shift working days. These are often used to accommodate personal commitments or to align with business needs for specific hours of coverage.
However, in California:
Overtime rules still apply. Non-exempt employees must receive:
Daily overtime for hours worked over 8 in a day
Weekly overtime for hours worked over 40 in a week
Agreements to waive overtime are not valid, even if the employee requested the change.
What About Makeup Time?
California allows a narrow exception through makeup time, where an employee may make up missed time later in the same workweek without triggering daily overtime. This option comes with strict requirements and must be documented carefully. We recommend consulting your People Rock HR Business Partner before implementing makeup time.
What Is an Alternative Workweek Schedule (AWS)?
An AWS is a formal, legally compliant schedule that allows certain non-exempt employees to work up to 10 or 12 hours in a day without incurring daily overtime, provided they stay within 40 hours per week. This option is particularly useful for roles that benefit from longer but fewer shifts (e.g., 4/10 schedules).
Legal Requirements to Implement AWS:
Implementing AWS requires following a specific regulatory process:
Plan and document the proposed schedule
Provide written notice to affected employees
Hold a secret ballot election among the defined work unit
Gain two-thirds approval from employees
File election results with the Department of Industrial Relations
Implement only after completing the required steps and observing notice timelines
Once adopted, the AWS becomes the standard schedule and must be applied consistently to remain compliant.
When to Use Flexible Schedules vs. AWS
| Use Case | Best Option | Why |
|---|---|---|
| Occasional shift changes or personal schedule adjustments | Flexible Schedule | Quick to implement, informal, supports short-term needs |
| Long, recurring shifts (e.g., 10-hour days) | AWS | Legally allows longer days without daily overtime, if compliant |
Real-World Examples
Flexible Schedule: An employee working in a customer support role requests to shift their hours from 7:00 AM–3:30 PM instead of 9:00 AM–5:30 PM to accommodate school drop-off or a Company needs staff available for core hours between 10:00 – 2:00, but staff can start any time prior to begin their 8 hour shift The change is informal and doesn’t alter overtime rules.
AWS: A manufacturing team regularly works four 10-hour shifts. The employer implements AWS through the required process so the team can work 10-hour days without daily overtime.
Key Takeaways for Employers:
Flexible schedules offer informal adaptability but do not change overtime laws.
AWS provides a structured, legally compliant way to manage longer shifts without daily overtime, but requires a formal process.
Misclassification or incorrect implementation can lead to costly compliance issues! Choose the right path for your business model and workforce.
💼 Need guidance? Contact your HR Business Partner to ensure your policies align with California labor laws.
📞 916.576.1976
📧 hrninja@peoplerockhr.com
