Section 1182.6 Of Chapter 1. Wages, Hours And Working Conditions From California Labor Code >> Division 2. >> Part 4. >> Chapter 1.
1182.6
. (a) No employer who continuously operates a manufacturing
facility 24 hours a day for seven days a week, and who has had in
operation an established preexisting workweek arrangement, as defined
in subdivision (b), shall be in violation of this code or any
applicable wage order of the commission by instituting, pursuant to
an agreement voluntarily executed by the employer and at least
two-thirds of the affected employees before the performance of the
work, a regularly scheduled workweek that includes three working days
of not more than 12 hours a day, or regularly scheduled workweeks
that include three working days of not more than 12 hours a day one
week and four working days of not more than 12 hours a day in the
following week for an average workweek of 42 hours over a two-week
period.
(b) For purposes of this section only, a "preexisting workweek
arrangement" is defined as, and limited to, a workweek arrangement
that existed before November 1980, and had to be modified or
abandoned by an employer because the workweek arrangement did not
qualify for any exemption provided by the Industrial Welfare
Commission from its daily overtime requirements for collectively
bargained arrangements, and did not otherwise comply with the daily
overtime requirements of an applicable commission order.
(c) The agreement described in subdivision (a) shall be confirmed
by an affirmative vote by secret ballot by at least two-thirds of the
affected employees, and may be rescinded at any time by a two-thirds
vote of the affected employees. A new vote on whether the agreement
described in subdivision (a) shall be continued shall be held every
three years, and an affirmative vote by at least two-thirds of the
affected employees shall be necessary to continue the agreement.
(d) The employer shall not be required to pay premium wage rates
to employees working a schedule described in subdivision (a) unless
the employee is required or permitted to work more than 12 hours in
any workday, more than the scheduled three or four days in any
workweek, or more than 40 hours in any workweek.
(e) This section shall not apply to any employer who is now, or in
the future becomes, a party to a collective-bargaining agreement
covering employees who would otherwise be covered by this section.
(f) No employee working a schedule described in subdivision (a)
shall be required to work more than four consecutive days within
seven consecutive days.