Fill and Sign the Alternative Workweek Quick Referencemachining Survival News Form

AW S Agreement (Rev 0 2-07-05) Page 1 of 4 Basic form © James R. McDade 209 -667 -2300 AGREEMENT FOR ALTERNATIVE WORKWEEK SCHEDULE [Company Name] Note: Employers use this form to enter into an AWS agreement after the employees elect to work and AWS. Seek legal counsel if you do not know the wage and hour rules. (Delete this note prior to use.) Whereas an election by secret ballot was taken on ___________, 20___, whereby at least 2/3 of the employees in the _________________ work unit at _________________________ (hereinafter, “Company”) elected to institute [an alternative workweek sched ule] [a menu of alternative workweek schedules] , the undersigned employee(s) hereby agree as follows. 1. Adopted Alternative Workweek Schedule . [Option 1, describe single schedule> The alternative workweek schedule shall be as follows: Mon Tue Wed Thu Fri Sat Sun Work Start Time 8:00 a.m. 8:00 a.m. 8:00 a.m. 8:00 a.m. OFF OFF OFF Work End Time 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. Lunch 1 hour 1 hour 1 hour 1 hour TOTAL WORK HOURS 10 10 10 10 [Option 2 for Multiple Schedules> [Two] wor k schedules are offered in order to cover the operating hours of the business. ____ [% or number] of the employees must work the [Monday – Thursday] schedule while the remaining ___ [% or number] must work the [Tuesday – Friday] schedule. Each employee m ay chose which schedule he or she would like to work. However, those employees with the most [insert criteria like “seniority”] will get to choose their schedule first. If [insert criteria like “seniority”] is the same between two or more employees, then [___________] shall be used to determine who gets to choose their schedule first. After all the positions in one of the schedules are full, the remaining employees will be assigned to the remaining unfilled schedule. Mon Tue Wed Thu Fri Sat Sun Work Start Time 8:00 a.m. 8:00 a.m. 8:00 a.m. 8:00 a.m. OFF OFF OFF Work End Time 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. Lunch 1 hour 1 hour 1 hour 1 hour AW S Agreement (Rev 0 2-07-05) Page 2 of 4 Basic form © James R. McDade 209 -667 -2300 TOTAL WORK HOURS 10 10 10 10 Mon Tue Wed Thu Fri Sat Sun Work Start Time OFF 8:00 a.m. 8:00 a.m. 8:00 a.m. 8:00 a.m. OFF OFF Work End Time 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. Lunch 1 hour 1 hour 1 hour 1 hour TOTAL WORK HOURS 10 10 10 10 2. Holiday Schedules . If a holiday falls on the employee’s normal workday, then the holi day will be observed and the employee will be given ___ [10] hours of holiday pay. If a holiday falls on the employee’s normal day off, then [Option 1> no extra day off will be given and no holiday pay will be given. [Option 2> a personal day off (with p ay if the holiday was a paid holiday) will be given that the employee can use in the future. [Option 3> the holiday (both paid and unpaid) will be observed on the employee’s normal workday that is closest to holiday and which is in the same workweek as th e holiday so that the employee will get an extra day off (and paid ___ [10] hours if the holiday is a paid holiday) in honor of the holiday. The following is an example: [Use with Option 3 only > Scenario For A Monday Holiday, When Monday Is Normally A Wo rkday Sun Mon - Holiday Tue Wed Thu Fri Sat Normal Schedule Normal Day Off 10 10 10 10 Normal Day Off Normal Day Off Holiday Schedule Normal Day Off Day off for Holiday 10 10 10 Normal Day Off Normal Day Off [Use with Option 3 only> Scenario For A Mon day Holiday, When Monday Is Normally A Day Off Sun Mon - Holiday Tue Wed Thu Fri Sat Normal Schedule Normal Day Off Normal Day Off 10 10 10 10 Normal Day Off Holiday Schedule Normal Day Off Normal Day Off Day off for Holiday 10 10 10 Normal Day Off 3. Vacation Accrual . If an employee on an AWS earns a week’s worth of vacation, he or she would have earned the same number of hours of vacation as any other employee with the same number of years of service. Employees who work and AWS and who do not work a full year earn a prorated amount of vacation based on the follow example: If an employee who works an AWS could earn 40 hours of vacation in a year, then that AW S Agreement (Rev 0 2-07-05) Page 3 of 4 Basic form © James R. McDade 209 -667 -2300 employee earns .20833 hours of vacation for each day worked (i.e., 40 hours vacation divided b y 12 months, divided by 4 weeks, divided by 40 hours, multiplied by 10 hours), up to .8333 hours of vacation per week (i.e., the per day accrual rate multiplied by 4 days). So if the employee works 5 or more days in a week on occasion, the employee will o nly earn one week’s worth of vacation (i.e., .8333 hours). 4. Other Fringe Benefits . Except as discussed above, the AWS shall not affect any other benefit offered by the Company. 5. Overtime . The alternative workweek schedule would affect overtime compe nsation as follows: A. An overtime rate of compensation of no less than one and one -half times the regular rate of pay shall be paid for: a) any work exceeding the regularly scheduled hours on a regularly scheduled workday established by the alternative workw eek agreement (but not more than 12 hours); b) any work in excess of 40 hours in a week c) the first 8 hours of work on any day which is not a regularly scheduled workday established by the alternative workweek agreement. B. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for: a) any work in excess of 12 hours per day; b) for any work in excess of eight hours on any day which is not a regularly scheduled workday established by the alternative workweek agr eement. 6. [Optional> Makeup Time . An employee may substitute a day off for a whole workday on occasion to meet the personal needs of the employee without the payment of overtime. Employees cannot substitute part of a workday and make up the time on anot her workday or on a day off. The employee must substitute a whole workday for a day off. [Note: Wage Order 16, does not contain language allowing for any type of substitution of workdays for days off.] 7. Reasonable Accommodation . The Company shall mak e a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. This reasonable accommodation only applies to current employees and does not apply to anyone hired after the date of the election. The Company shall explore any available reasonable alternative means of accommod ating the religious belief or observance of an affected employee (whether hire before or after the election) that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code. 8. Petition for Revocation . After a lapse of 12 months and upon petition of at least one - third (1/3) of the affected employees, a new vote by secret ballot will be held. A 2/3 vote from at least two -thirds (2/3) of the affected employees will be required to reverse the alternative workweek schedule agreement. AW S Agreement (Rev 0 2-07-05) Page 4 of 4 Basic form © James R. McDade 209 -667 -2300 9. At -Will Employment . NOTHING ABOUT THE ALTERNATIVE WORKWEEK SCHEDULE WILL CHANGE THE AT -WILL RELATIONSHIP BETWEEN THE COMPANY AND ITS EMPLOYEES. THE EMPLOYMENT RELATIONSHIP MAY END AT ANY TIME, W ITH OR WITHOUT CAUSE, AT THE REQUEST OF THE EMPLOYEE OR THE COMPANY. 10. All Rights Reserved . All the rights of the Company under the rules of AB60, Labor Code §511, and the appropriate regulations adopted by the Industrial Welfare Commission are reserve d and shall be followed. This Agreement is entered into on this _____ day of ______________, 20___. ______________________________ ______________________________ Employee signature Company signature