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Ezel / Labor Guidance / CA
CA Opinion Letter 1991.06.19 June 19, 1991 Active
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DLSE forwards prior correspondence on the 9/80 alternative workweek schedule and flags possible federal DOL concern about workweek-splitting

Summary: An attorney asked DLSE about the 9/80 alternative workweek schedule. DLSE Chief Counsel replied by enclosing copies of correspondence the Division had already sent addressing the 9/80 schedule, stating it should answer the questions raised, and cautioned that the employer should separately check with the U.S. Department of Labor, since federal enforcement units had raised concern that splitting the workweek under a 9/80 schedule could be viewed as a subterfuge, though DLSE had no written documentation on that federal position. This letter itself contains no independent legal analysis; the enclosed prior correspondence it refers to was not included in the source PDF and so is not reproduced here.

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STATE OF CALIFORNIA Pete Wilson, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
Legal Section
30 Van Ness Avenue, Suite 4400
San Francisco, CA 94102

June 19, 1991

James K. Smith, Esq.
Gray, Cary, Ames & Frye
401 B Street, Suite 1700
San Diego, CA 92101-4219

Re: Your Inquiry Regarding The 9/80 Work Schedule

Dear Mr. Smith:

In response to the question raised in our recent telephone conversation, I am attaching copies of some correspondence the Division has sent out in regard to the issue of the 9/80 work schedule. [To view attached copy of some correspondence, click here.]

I think that the correspondence addresses all of the questions which have been raised up until this date, but if you have any further questions please feel free to contact the undersigned.

I think, too, that I should emphasize that you should contact the U.S. Department of Labor concerning their views on the work schedule before implementing it. There has been some concern raised that the federal enforcement units may view the splitting of the workweek as a subterfuge. However, I have no written documentation on this point.

Yours truly,

H. THOMAS CADELL, JR.
Chief Counsel

DLSE 905
1991.06.19

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