In California, the standard workday is eight hours and the standard workweek is 40 hours. But not every business or employee thrives under that rigid framework. Healthcare workers may prefer longer shifts with extra days off. Tech teams may want every other Friday off to focus on innovation or family. Manufacturing plants may run better with compressed schedules.

That’s where Alternative Work Schedules (AWS) come in. These arrangements allow California employers and employees to agree on schedules that go beyond the traditional eight-hour day—while still complying with state labor law. However, AWS programs are tightly regulated, and missteps can leave employers on the hook for costly overtime claims.

What Are Alternative Workweek Schedules (AWS)?

An AWS is a schedule that differs from the standard 8-hour day/40-hour week. The most common types include:

• 4/10 Schedules: Employees work four 10-hour days per week instead of five 8-hour days.
• 9/80 Schedules: Employees work 80 hours over nine days in a two-week period, typically with every other Friday off.
• 12-Hour Shifts: Particularly common in healthcare, where nurses or technicians may work three 12-hour shifts in a week.

These arrangements allow employers to cover more hours of operation without overtime costs, and employees often benefit from longer weekends or more predictable time off.

Example: A software company adopts a 9/80 schedule so engineers can enjoy every other Friday off. Employees still work 80 hours over two weeks, but daily hours are redistributed.

How AWS Are Governed in California

Unlike in many states, California does not let employers simply implement flexible schedules at will. AWS programs are governed by the California Labor Code and enforced through the Industrial Welfare Commission (IWC) Wage Orders.

The rules require:

• Overtime adjustments: Normally, daily overtime applies after 8 hours. But in a properly adopted AWS, employees can work up to 10 hours per day (or 12 in healthcare) without daily overtime. Weekly overtime still applies after 40 hours.
• Formal adoption process: Employers must propose the AWS in writing, conduct a secret ballot vote among affected employees, and secure approval from at least two-thirds. Results must be filed with the Division of Labor Standards Enforcement (DLSE).
• Employee choice: The vote applies only to the defined “work unit,” which may be a department, shift, or entire workforce. Employees outside that unit are not affected.
• Repeal rights: If at least one-third of employees in the unit petition for repeal, another vote can be held, and a simple majority can end the AWS.

This process ensures that employees have a real voice in whether an AWS is adopted.

What Rules Still Apply Under an AWS

Even with an AWS in place, most California wage and hour protections remain intact:

• Minimum wage: Employees must still be paid at or above California’s minimum wage (currently $16/hour statewide in 2025, with higher local minimums in cities like San Francisco or Los Angeles).
• Meal and rest breaks: Employees working 10-hour AWS shifts are still entitled to two paid rest breaks and at least one 30-minute meal break. If shifts exceed 12 hours, a second meal break is required.
• Weekly overtime: Any hours beyond 40 in a week must be paid at 1.5x, even under an AWS.
• Seventh day rules: Employees working seven consecutive days are entitled to overtime on the seventh day, regardless of AWS.
• Wage statements and recordkeeping: Employers must keep accurate records and provide detailed pay stubs showing hours worked.

What Rules Are Adjusted Under an AWS

The main difference is how daily overtime is treated. In a standard schedule, hours nine and ten in a workday would earn overtime. Under a properly adopted AWS, those hours can be treated as regular hours.

Example: On a 4/10 schedule, an employee works four 10-hour days (40 hours total). No daily overtime is required. But if they work an 11th hour on any of those days, that extra hour is paid at time-and-a-half.

The definition of the workweek can also shift in a 9/80 schedule, where the week is split so that employees do not automatically trigger weekly overtime. But if the AWS is not properly documented or approved, standard overtime rules apply, and employers can face liability for unpaid overtime.

Practical Scenarios

Let’s review some examples to see the impact of an employer’s implementation of an AWS.

Scenario 1: Healthcare Shift Flexibility
A hospital adopts a 12-hour AWS for nurses. The vote passes, and nurses work three 12-hour shifts per week. Hours 9 through 12 are treated as regular hours, but if a nurse stays a 13th hour to finish a procedure, that time must be paid at double time.

Scenario 2: Tech Company 9/80 Schedule
A tech firm introduces a 9/80 schedule. Employees work nine hours Monday–Thursday, then eight hours on one Friday and get the next Friday off. Overtime applies only if employees work more than the AWS framework—such as nine hours on the scheduled 8-hour Friday.

Scenario 3: Invalid AWS
A manufacturer implements a 4/10 schedule without an employee vote. Two years later, employees sue for unpaid overtime on hours nine and ten each day. The company is liable for back pay, penalties, and possibly PAGA claims.

What Employers Should Know

Employers must take the election process seriously. A two-thirds majority is required, and results must be filed with the DLSE. Documentation should be kept for years, since AWS disputes often arise long after adoption. Communication is also critical—employers need to clearly explain the benefits to employees, such as longer weekends, to secure buy-in.

Industry-specific Wage Orders may allow more flexibility (e.g., healthcare allowing 12-hour shifts). Employers should always check which Wage Order applies and consult with counsel before implementation.

What Employees Should Know

Employees should understand that AWS adoption is not optional once passed. If two-thirds of a work unit approves, all employees in that unit are bound, even those who voted no. Employees should pay attention to their rights—meal breaks, rest breaks, and weekly overtime do not disappear under AWS—and raise concerns if they suspect noncompliance.

Final Thoughts

Alternative Work Schedules can be a win-win: Employers reduce overtime costs, and employees enjoy greater flexibility. But California’s strict rules mean employers must follow the process carefully and employees should remain informed of their rights. A valid AWS is a tool for flexibility; an invalid one is a lawsuit waiting to happen.

Train Your Managers on AWS Compliance

At Cal Comply, our wage and hour training includes guidance for employees and managers on Alternative Workweek Schedules (AWS), ensuring everyone understands there are special rules under an AWS they must follow if they fall under those rules.

👉 Learn more about Cal Comply’s Wage & Hour Training

This post is for informational purposes only and does not constitute legal advice. California’s meal and rest break laws are complex and vary by industry and workforce. Consult an experienced employment attorney for guidance tailored to your business. Cal Comply is a paid training provider mentioned for illustrative purposes; other compliance resources are available.