Fill and Sign the Aws Customer Agreement Amazon Web Services Form

Proposed AW S and Notice of Meeting (Rev: 03 -03-03) Page 1 of 4 Basic form © James R. McDade 209 -667 -2300 PROPOSED AWS AND NOTICE OF MEETING Note: Employers use this form to inform employees of the proposed AWS. Seek legal counsel if you do not know the wage and hour rules. (Delete this note prior to use.) 1. Proposed AWS . An alternative workweek schedul e (hereinafter, “AWS”) allows for shorter workweeks by allowing employees to work up to 10 hours per day, 40 hours per week, without incurring overtime. ________________________ (hereinafter, “Company”) is proposing to institute the following AWS for the ___________ [insert work unit designation] work unit. [Option 1, describe single schedule> The AWS will consist of the following 10 -hour days, Monday through Thursday: 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] work schedules will be 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 may chose which schedule he or she would like to work. However, t hose 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 thei r 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 Wo rk 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 10 10 10 10 Proposed AW S and Notice of Meeting (Rev: 03 -03-03) Page 2 of 4 Basic form © James R. McDade 209 -667 -2300 HOURS 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. Mandatory Meeting . A mandatory meeting with ________________, for which you will be paid to attend, shall be held on the following date to discuss the effects of the AWS on job conditions and benefits. Meeting Date: _____________________ Meeting Time: ______________ Location: __________________________________ 3. Secret Ballot . 14 days after the meeting, a vote by secret ballot shall take place on _____ ________, 2000. 4. Written Agreement Required . If the AWS is elected, a written agreement consenting to an AWS must be voluntarily entered into between you and the employer. 5. Holiday Schedules . If a holiday falls on the employee’s normal workday, then the holiday 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 of f (with pay 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 workw eek as the 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 Norm ally A Workday 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 Monday Holiday, When Monday Is Normally A Day Off Sun Mon - Holiday Tue Wed Thu Fri Sat Proposed AW S and Notice of Meeting (Rev: 03 -03-03) Page 3 of 4 Basic form © James R. McDade 209 -667 -2300 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 6. 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 employee earns .20833 hours of vacation for each day worked (i.e., 40 hours vacation divided by 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 employ ee will only earn one week’s worth of vacation (i.e., .8333 hours). 7. Other Fringe Benefits . Except as discussed above, the AWS shall not affect any other benefit offered by the Company. 8. [Do not use for Wage Orders 4 & 5> Incomplete Shifts. When on o ccasion there is not enough regular work to keep the employee busy, the employee will be allowed to voluntarily go home early without completing his or her AWS shift. If an employee goes home early, he or she will not be paid for the un -worked hours. If an employee chooses to stay and complete his or her AWS shift, then the Company will provide the employee with odd jobs for the remainder of the shift. The wage rate for working odd jobs will be minimum wage. [Note: Wage Orders 4 and 5 provide that if an employer requires an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime compensation all hours worked in excess of eight (8) hours for the day the employee is required to wor k the reduced hours.] 9. Overtime . The AWS would affect overtime compensation as follows: 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 workweek 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 a lternative workweek agreement. 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 regu larly scheduled workday established by the alternative workweek agreement. 9. [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. Employe es cannot substitute part of a workday and make up the time on another workday or on a day off. The employee must substitute a whole workday for a day off. Proposed AW S and Notice of Meeting (Rev: 03 -03-03) Page 4 of 4 Basic form © James R. McDade 209 -667 -2300 [Note: Wage Order 16, does not contain language allowing for any type of substitution of workdays for days off.] 10. Reasonable Accommodation . The Company shall make 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 the election but who is unabl e 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 also explore any avai lable reasonable alternative means of accommodating the religious belief or observance of an affected employee (whether hired before or after the election) that conflicts with an adopted AWS, in the manner provided by subdivision (j) of Section 12940 of th e Government Code. 11. 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 empl oyees will be required to reverse the AWS agreement. 12. At -Will Employment . NOTHING ABOUT THE AWS WILL CHANGE THE AT -WILL RELATIONSHIP BETWEEN THE COMPANY AND ITS EMPLOYEES. THE EMPLOYMENT RELATIONSHIP MAY END AT ANY TIME, WITH OR WITHOUT CAUSE, AT THE REQUEST OF THE EMPLOYEE OR THE COMPANY. 13. 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 reserved and shall be followed. If y ou have any questions, please contact __________________. Date:______________ ___________________________________ Company Representative