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Assemblymember Randy Voepel (R-Santee), introduced a bill that would allow an employee to request a flexible work schedule of 10 hours a day in four days of a 40-hour work week, instead of the current eight-hour-a-day work week.

Assembly Bill 1761 would enact the Workplace Flexibility Act of 2022, which would move the overtime trigger from eight to 10 hours in a single workday for those with a four-day workweek. Employers would pay double normal pay after 12 work hours in a day. Any hours worked over 40 hours in a single week would continue to be eligible for overtime.

The bill would also require the Department of Industrial Relations to enforce this provision and adopt regulations as needed.

“Small businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit,” the bill says.

Having a flexible work schedule would allow employees to spend more time with families, lessen traffic congestion and allow more time for personal matters, according to the bill text.

Cindy Roth, president of the Greater Riverside Chambers of Commerce, said that businesses have had to adapt in the past two years and this bill would make it easier for businesses to manage their workforce.

“By allowing employees to request an alternative workweek to meet their personal needs while helping employers retain their employees and lower costs, this bill is a win-win,” Roth said.

Randy Korgan, secretary-treasurer of Teamsters Local 1932, a labor union, said that Teamsters oppose the bill. He said there is already the ability for a flexible work week with a process the workers need to go through to make sure there is no manipulation.

“In the workforce today, many workers are being intimidated into agreeing to certain provisions that they later on regret agreeing to,” Korgan said. “So what this bill does, it opens the door for employers to abuse that system.” 

He says the formal process in place ensures the integrity of the workforce.

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