Legislation column: Easing rules for workers, employers in best interest
| Wednesday, Apr 29 2009 03:01 PM
Last Updated Wednesday, Apr 29 2009 03:01 PM
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Nick Ortiz
Suppose I asked if you wanted to stimulate the economy and have more free time and work-life balance, all while reducing traffic and helping to clean the air — what would you say?
“Where can I sign up?” I’m sure.
Well, I’m not talking about a pharmaceutical trial or a reality show. This potential cure-all is actually two pieces of state legislation which loosen unnecessary restrictions on workers.
Once again legislation to provide workers and employers with needed scheduling and meal break flexibility will be heard in front of the California State Legislature. These two pieces of legislation are introduced perennially in Sacramento, but the news this time around is the bills might actually pass.
What’s changed is the struggling economy, as well as a realization that both business owners and employees need scheduling flexibility to meet a rising set of challenges. For employers this includes rising costs, greater demand and less resources. In the case of employees, challenges can be meeting child care needs, taking care of medical issues, or just a desire for greater work-life balance.
Senate Bill 187, authored by Sen. John Benoit, R-Inland Empire, proposes to offer workers and employers “flexible workweeks.”
The bill simplifies establishing an alternative workweek schedule for individual workers.
Under current law, employers must hold a secret ballot election and the alternative schedule must be approved by two-thirds of the workers within a unit or department. Once approved, the alternative schedule must be worked by all including those who voted against it.
Now we at the chamber support the secret ballot for a lot of things — voting for president, union organizing and voting on the best booth at our trade shows — but using the secret ballot to determine shift schedules seems a bit drastic.
Therefore, numerous California employers believe the law should permit flexible workweek schedules such as four-day workweeks for individual workers. SB 187 establishes a voluntary process by which the employee can request, and their employer may agree, to a four-day compressed workweek schedule.
Any work performed beyond the compressed work schedule would remain subject to current California overtime requirements.
Senate Bill 287, authored by Sen. Ron Calderon, D-Montebello, proposes to modify and more clearly define state policy regarding meal breaks.
Under the current enforcement guidelines, employers must act more like a baby sitter than boss when it comes to meal period breaks.
Employers are required to compel workers to take the break, watch the clock and ensure they took the appropriate amount of time and bar employees from coming back early or engaging in work during the break. The responsibility falls all on the employer and even if an employee voluntarily declines, employers are still liable. Recently this had become a civil justice issue as employers are hit with class action suits, which in recent years have become big business as the awards have ballooned.
The legislation will provide clarity and guidance for the compliance and enforcement of meal period laws. It also provides clarification so employees have the opportunity to enter into on-duty meal period agreements when appropriate. This bill is a comprehensive solution that serves employers and employees across all industries regardless of their size or union status.
These pieces of legislation, if approved, could provide unique opportunities for California employers and employees. The scheduling flexibility included in these measures will allow employers to reduce costs related to overtime and shift changes, legally, without short-changing workers.
It will also allow employees who choose to work alternative schedules to have more free time during the typical 9 a.m. to 5 p.m. workday to attend to personal and family matters.
Finally, if alternative work weeks were allowed, traffic could be lessened at peak morning and evening times, easing the flow for other commuters and decreasing air pollution and CO2 associated with idling cars in traffic.
These reforms are necessary and are more than a win-win. They’re a triple play.
That’s why the Greater Bakersfield Chamber of Commerce was proud to sign on as a supporter of both bills and lend our name as a co-sponsor for SB 187.
We encourage businesses to write their legislators on this issue.
More information on the bills is available at www.leginfo.ca.gov and more advocacy resources are available at www.bakersfieldchamber.org.
Nick Ortiz is governmental affairs manager at the Greater Bakersfield Chamber of Commerce.
