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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.

91 minutes
Certificate of Completion
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Why Lorman?

Over 37 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 37 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 April 23, 2020.

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

  • CA MCLE 1.5
     
  • Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

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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Why Lorman?

Over 37 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 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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  • State Specific Credit Tracker
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Product ID: 407306
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