At each review a specific finding shall be made that the good cause for continuing the denial exists, including that it is still the least restrictive means, or the denial shall terminate.
If the person is unable to comprehend such information, the notification of the right to appeal shall be made to such person's parent or guardian, if a minor, conservator, personal or legal representative. In no case shall any person who is lawfully entitled to leave the facility at will have any right denied him without first being advised of this right of choice. No waiver is valid unless it satisfies these elements, is in writing, and is approved by signature of the clients' rights advocate having responsibility for the facility.
Chapter 5. Industrial Welfare Commission Group 2. Industry and Occupation Orders Article 4. Wage Order , Effective Applicability of Order This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis, except that:.
A Provisions of sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee's duties meet the test to qualify for an exemption from those sections:. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.
Sections Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer's realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.
Full-time employment is defined in Labor Code Section c as 40 hours per week. II The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.
Full-time employment is defined in California Labor Code Section c as 40 hours per week. A job title shall not be determinative of the applicability of this exemption. The Division of Labor Statistics and Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
B Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district. C The provisions of this order shall not apply to outside salespersons. D The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer.
E The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section of Title 42 of the United States Code. See Stats.
Hours and Days of Work. A Daily Overtime-General Provisions. Eight 8 hours of labor constitutes a day's work. Employment beyond eight 8 hours in any workday or more than six 6 days in any workweek is permissible provided the employee is compensated for such overtime at not less than:.
B Alternative Workweek Schedules. All work performed in excess of 12 hours per day and any work in excess of eight 8 hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee's regular rate of pay. Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four 4 hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime.
If an employee was voluntarily working an alternative workweek schedule of not more than ten 10 hours a day as of July 1, , that alternative workweek schedule was based on an individual agreement made after January 1, between the employee and employer, and the employee submitted, and the employer approved, a written request on or before May 30, to continue the agreement, the employee may continue to work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the agreement.
New arrangements can only be entered into pursuant to the provisions of this section. Notwithstanding the foregoing, if a health care industry employer implemented a reduced rate for hour shift employees in the last quarter of and desires to re-implement a flexible work arrangement that includes hour shifts at straight time for the same work unit, the employer must pay a base rate to each affected employee in the work unit that is no less than that employee's base rate in immediately prior to the date of the rate reduction.
An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three 3 day alternative workweek schedule. C Election Procedures. Election procedures for the adoption and repeal of alternative workweek schedules require the following:. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days and work hours are regularly recurring.
The actual days worked within that alternative workweek schedule need not be specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose.
If the employer proposes a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another. The election shall be held during regular working hours at the employees' work site. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection are met. Such a disclosure shall include meeting s , duly noticed, held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule.
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