511.5.
(a) Notwithstanding Section 510 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule. The flexible work schedule shall include all of the following: (1) A statement that the employer and employee participating in the flexible work hour plan understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week is required to be
compensated at the rate of one and one-half times the regular rate of pay.
(2) A description of the flexible work hour plan.
(3) A statement that the flexible work hour plan has not been made a condition of employment and that participation in the plan is voluntary.
(4) The original signature of the employee and the employer or authorized representative.
(b) If an employee-selected flexible work schedule is adopted, the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the
workweek shall be paid at double the employee’s regular rate of pay.
(c) An employer may inform its employees that it is willing to consider employee requests to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment.
(d) An employee or employer may discontinue an employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee.
(e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the
state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.
(f) This section shall be liberally construed to accomplish its purposes.
(g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section.
(2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.