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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.

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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 23, 2020.

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

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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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: 407306
Published 2020
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