Implementing a Four-Day Workweek: Legal Challenges and Complexities
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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
Michael A. Pavlick, K&L Gates LLPAgenda
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