Assemblyman Jones proposes more flexibility in workplace

Assemblyman Brian Jones (R-Santee) introduced legislation to allow employees more flexibility in the workplace.

Assembly Bill 1038, if approved, would permit an individual employee to request an alternative workweek schedule providing for workdays up to 10 hours within a 40-hour workweek.

“California law currently does not permit an employee the ability to choose a flexible work schedule because of outdated and inefficient workplace and overtime rules,” said Jones, who represents Ramona and other communities in the 71st Assembly District. “AB 1038 will allow Californians a better work-life balance for themselves and their families. The benefits to a flexible work schedule are endless, families will save money on childcare and overall will have the opportunity to spend more time together. What’s more, people will be spending less money on gas, which will reduce greenhouse gases to protect the environment.”

California law prohibits the option for most employers and employees to select alternative work schedules, which includes flextime, part-time, job sharing, telecommuting and compressed work weeks. California is one of only three states that do not conform to the Federal Fair Labor Standards Act and although this policy purports to protect employees from overly-zealous employers, it rather serves as a roadblock to a more positive labor environment, said Jones.

“Employees are consistently seeking greater flexibility over how, where and when they work, whether it is to spend more time with their family or furthering their education, or to spend less time commuting on California’s congested highways,” said San Diego employment attorney Michael Kalt. “This modest change to one of California’s most rigid employment laws would allow hourly employees an increased choice in their schedules to best fit their needs, such that the employee could continue with the same five-day-a-week schedule and daily overtime, or opt to work four days a week with less overtime but more time to spend how they prefer.”

According to San Diego based Global Workplace Analytics, flexibility is a term for options in the workplace that give organizations and their staff the freedom to better decide when, where and how work will get done. It is something that many people want and/or need, but few people have and although viewed as just a soft perk for employees, the benefits to the employer include financial savings, increased productivity, lower turnover and reduced absences.

“For years, public and union employees have had this flexibility. It’s time to extend this benefit choice to employees in the private sector,” said human resources executive Deb Horne, representing the Society for Human Resource Management (SHRM) and CalSHRM.

AB 1038 is co-authored by Senate Republican Leader Bob Huff, Assembly Republican Leader Kristin Olsen and others.