Implementing a Four-Day Workweek: Legal Challenges and Complexities

• Overview
• Credits

Before you implement a four-day workweek, make sure you understand the legal and practical implications.Thinking about a four-day workweek for your workers? Already have one and need a reality check? This topic focuses on the legal challenges and complexities of a four-day workweek including, can the employer unilaterally implement a four-day schedule in both union and nonunion settings; does a four-day schedule create wage and hour issues, like affecting salary basis for exempt employees, requiring increased overtime commitments, limiting the use of child labor, and requiring additional paid breaks; what is the effect of predicting scheduling laws; does a four-day schedule create employment discrimination issues; and what are the OSHA and safety concerns. The information will enable you to spot issues and avoid unintended legal consequences specific to the four-day workweek. You can implement a four-day workweek, but better to know the issues and solve them before they come up.

Authors

Agenda

What Is a Four-Day Workweek?

• Pros

• Cons

• Experiences

• Voluntary or Mandatory

Legal Issues

• Employer's Ability to Change From Five-Day to Four-Day Schedule

- Nonunion Employers

- Union Employers

• Salary Basis Issues Under the Fair Labor Standards Act

- Does Changing Schedules Risk Minimum Wage and Overtime Exemptions?

- Temporary Changes to Schedules

• Pay Issues

- Maximum Hours Laws

- Increased Overtime Liability

- Issues Arising Under State Law

- Issues Arising Under Collective Bargaining Agreement or Other Contracts

- Lunch and Break Pay

• Child Labor Limitations

• Bargaining With Unions

- Is Changing the Schedule a Mandatory Subject of Bargaining, or Can Employer Make Changes Unilaterally?

• Scheduling Ordinances

- Fair Workweek/Predictive Scheduling Laws

• Employment Discrimination

- Disparate Impact Analysis

- Disparate Treatment

• OSHA and Other Safety Concerns

- General Duties Clause

- DOL Fatigue Laws

• Legal Creep

Practical Issues

• Paydays on Fridays

• Handbook Changes

• Benefit Accruals

• Workers' Compensation Costs