Employers may be permitted to implement an alternative workweek schedule under certain limited conditions. An alternative workweek permits employers to regularly schedule participating employees to work more than eight, but generally less than ten, hours in one workday without the requirement of overtime pay. A common example of an alternative workweek is where an employee works 10-hour shifts, four days per week.
There are various conditions that apply to an alternative workweek arrangement in order for it to be lawful, including the requirement that employees vote to initiate such an arrangement. There are also limitations on the maximum amount of hours an employee may be regularly scheduled to work per day or per week under a lawful alternative workweek arrangement.
An alternative workweek arrangement that has not been properly implemented or that does not comply with applicable law may be void and unlawful. Moreover, an employer's regular deviations from the work schedule adopted by the alternative workweek arrangement may also, in some cases, work to nullify the arrangement altogether.
In such cases, employees may be entitled to seek overtime pay for all daily hours worked over eight in one workday and over forty in one workweek during the statute of limitations period (three or four years). Employees may also be entitled to penalties, interest and reimbursement of reasonable attorney fees and costs.