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Implementing a Four-Day Workweek: Legal Challenges and Complexities

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.

Learning Objectives

  • You will be able to identify the Employment At Will doctrine
  • You will be able to differentiate between scheduling issues
  • You will be able to differentiate between wage and hour laws
  • You will be able to recognize work week regulations

Runtime: 91 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on July 28, 2020.

Call 1-866-352-9540 for further credit information.

  • CPE/NASBA - QAS Self Study 2.5 including Personnel/HR 2.5
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a QAS Self Study sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 2.5 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 2.5 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: QAS Self Study. Please refer to the information in this advertisement for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
     
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Michael A. Pavlick

Michael A. Pavlick

K&L Gates LLP

  • Partner in the Pittsburgh office of K&L Gates LLP
  • Practice emphasizes all aspects of labor and employment law, with a focus on wage and hour law and traditional labor law
  • Has represented a variety of clients in cutting-edge cases and cases of first impression
  • Conducts regular seminars and workshops on numerous aspects of labor and employment compliance
  • Written several publications related to the areas of labor and employment
  • Best Lawyers’ Lawyer of the Year in 2012 for labor and employment litigation in Pittsburgh, and a Best Lawyer pick every year since
  • Former judicial clerk for U.S. Court of Appeals Judge
  • J.D. degree, magna cum laude and Order of the Coif, Case Western Reserve University; B.A. degree, magna cum laude, Phi Beta Kappa, Drew University
  • Can be contacted at [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407954
Published 2020
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