A 4/10 workweek allows California employees to work four 10-hour days instead of the traditional five 8-hour days, completing a full 40-hour workweek with an extra day off. This compressed schedule has gained popularity as workers increasingly prioritize work-life balance and employers seek flexible arrangements. However, California's overtime laws are among the strictest in the nation, requiring employers to pay time-and-a-half for any work exceeding 8 hours in a day unless they follow specific legal procedures.

Unlike most states that only require overtime after 40 hours per week under the Fair Labor Standards Act (FLSA), California mandates overtime for both daily and weekly thresholds. California Labor Code Section 511 provides the only legal pathway to implement a 4/10 schedule without triggering daily overtime: the Alternative Workweek Schedule (AWS). Without this formal arrangement, employers must pay overtime for every hour worked beyond 8 in a single day, even if the weekly total remains under 40 hours. Understanding these requirements is essential for both employers seeking schedule flexibility and employees protecting their right to fair compensation.

Key Takeaways

• A 4/10 workweek is only legal without overtime if a valid Alternative Workweek Schedule is adopted through a secret ballot election with two-thirds employee approval, as required by California Labor Code Section 511.
• Overtime must be paid when employees under a 4/10 AWS work more than 10 hours per scheduled workday, more than 40 hours per week, on non-scheduled workdays, or beyond 12 hours in any day (double-time).
• A valid AWS requires a written proposal, 14-day advance notice, an informational meeting, secret ballot voting during work hours at the worksite, two-thirds approval, and filing results with the DLSE within 30 days.
• Employees cannot waive overtime rights under any circumstances. Any agreement attempting to waive overtime compensation is void and unenforceable under California law, with the only exception being a properly adopted AWS that adjusts when overtime accrues.
• California overtime law is stricter than federal law, requiring overtime after 8 hours per day (10 under valid AWS) in addition to the 40-hour weekly threshold, plus double-time pay after 12 hours per day.
• Without a valid AWS, any informal 4/10 arrangement violates California law, and employers must pay overtime at 1.5 times the regular rate for the 9th and 10th hours of each shift.
• Key compliance steps for employers include following the election process precisely, filing with DLSE, adhering strictly to the approved schedule, providing proper meal and rest breaks for 10-hour shifts, and training managers on AWS overtime rules.

What Is a 4/10 Work Schedule?

A 4/10 work schedule is a compressed workweek arrangement where employees work 10 hours per day for four days, totaling 40 hours per week, instead of the traditional five 8-hour days. In California, this schedule falls under the framework of an Alternative Workweek Schedule (AWS), which is a formal arrangement authorized by California Labor Code Section 511. An AWS permits employees to work up to 10 hours per day within a 40-hour workweek without triggering California's daily overtime requirements, which normally apply after 8 hours in a workday.

California employers commonly implement 4/10 schedules in industries where extended shifts provide operational advantages, such as manufacturing, healthcare, public safety, and professional services. Beyond the popular 4/10 arrangement, employers may also adopt other AWS formats like the 9/80 schedule (80 hours over 9 days in two weeks). The key distinction is that without a properly adopted AWS, California law mandates overtime pay at 1.5 times the regular rate for any hours worked beyond 8 in a day, making the formal AWS election process critical for legal compliance.

For a 4/10 schedule to be legally valid under California law, the employer must conduct a secret-ballot election among a clearly defined work unit, and have two-thirds of the affected employees vote in favor. Results must be reported to the DLSE within 30 days. Employees may not be required to begin the new schedule until at least 30 days after vote results are announced.

How Do 4-10 Hour Shifts Work?

Implementing a 4/10 schedule in California requires following a specific legal process. Labor Code Section 511 requires the employer to propose a written alternative workweek schedule and obtain approval through a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit. The statute itself provides the basic framework, while the applicable Industrial Welfare Commission (IWC) Wage Order for your industry sets forth detailed election procedures.

According to the IWC Wage Orders, before the election, the employer must provide written disclosure to affected employees explaining how the proposed schedule will affect their wages, hours, and benefits. The Wage Orders require that this disclosure include at least one meeting, held at least 14 days prior to voting, specifically for discussing the effects of the alternative workweek schedule. If more than 5 percent of affected employees speak a language other than English, the disclosure must be provided in both English and that language. The election must be conducted by secret ballot during regular working hours at the employees' work site.

To pass, at least two-thirds of the affected employees in the work unit must approve the schedule. A "work unit" can be a division, department, job classification, shift, separate physical location, or recognized subdivision, and may even consist of a single employee. The employer must report the election results to the Division of Labor Standards Enforcement (DLSE) within 30 days after the results are finalized, as required by Labor Code Section 511(e).

Once approved, employers can propose either a single fixed schedule that becomes standard for all workers in the unit, or a menu of options allowing each employee to choose their preferred arrangement. If a menu is adopted, each employee selects one schedule from the menu, and that choice becomes their fixed schedule. Employees cannot switch between menu options week-to-week without employer approval, as the AWS must be a regularly scheduled arrangement, not a flexible schedule. Here's an example of how a typical 4/10 schedule might look:

Day	Hours Worked	Regular or OT?
Monday	10	Regular
Tuesday	10	Regular
Wednesday	10	Regular
Thursday	10	Regular
Friday	0	Day Off

According to the IWC Wage Orders, employees cannot be required to work the new schedule for at least 30 days after the announcement of the final results of the election, although employees may voluntarily choose to start immediately. Under a valid AWS, these regularly scheduled 10-hour days are paid at the employee's regular rate without overtime, as long as the employee works within the established schedule and does not exceed 40 hours per week or 10 hours per day.

Can You Work 4-10 Hour Days in California Without Overtime?

Yes, but only if a legally adopted Alternative Workweek Schedule is in place. California Labor Code Section 511 specifically authorizes employees to work up to 10 hours per day within a 40-hour workweek without receiving overtime pay, provided the AWS has been properly adopted through the required election process. Without this formal arrangement, California's standard overtime law applies, requiring employers to pay time-and-a-half for any work exceeding 8 hours in a single day.

The DLSE strictly enforces these requirements, and informal 4/10 arrangements violate California law. Even if an employer and employee verbally agree to a 4/10 schedule, or if employees voluntarily work longer shifts, the employer must still pay daily overtime for hours beyond 8 per day unless a valid AWS exists. Courts have consistently held that employers cannot simply implement compressed schedules without following the statutory election procedures. For example, in cases where employers failed to establish a valid AWS through proper elections, they were found liable for unpaid overtime, interest, penalties, and attorney's fees.

California Overtime Rules for a 4/10 Schedule

Even with a valid Alternative Workweek Schedule, overtime rules still apply under specific circumstances. Even under a valid AWS, overtime is owed when an employee works more than their scheduled hours, more than 10 hours in a day, more than 40 hours in a week, or on non-scheduled days, as well as double time when applicable. According to Labor Code Section 511(b), employees working under a 4/10 AWS are entitled to overtime pay at 1.5 times their regular rate when they:

• Work more than 10 hours in a day (or more than the regularly scheduled daily hours established by the AWS)
• Work more than 40 hours in a workweek
• Work any hours on a day that is not a scheduled workday (paid at 1.5x for the first 8 hours, and double-time thereafter)

Additionally, employees must receive double-time pay (twice their regular rate) for:

• Any work exceeding 12 hours in a single day
• Any work beyond 8 hours on the seventh consecutive day of work in a workweek

These overtime provisions under an AWS differ significantly from California's standard overtime rules. Under normal circumstances (without an AWS), California requires overtime after 8 hours in a day, not 10. The AWS essentially shifts the daily overtime threshold from 8 hours to 10 hours for scheduled workdays, but maintains the 40-hour weekly limit and introduces stricter penalties for work outside the agreed schedule.

Example scenario:

• If an employee scheduled for four 10-hour days works 11 hours on Monday, they receive 10 hours of regular pay plus 1 hour of overtime (1.5x pay)
• If that same employee works 13 hours on Tuesday, they receive 10 hours of regular pay, 2 hours of overtime (1.5x pay for hours 11 and 12), and 1 hour of double-time pay (2x pay for hour 13)
• If the employee comes in on their scheduled day off (Friday) and works 5 hours, all 5 hours are paid at the overtime rate (1.5x) because any work on a non-scheduled day is overtime from the first hour

If I Work 4 Ten-Hour Shifts in a Week, Am I Entitled to Overtime Pay?

The answer depends entirely on whether your employer has implemented a valid Alternative Workweek Schedule. Under a properly adopted AWS, working four 10-hour shifts (40 hours total) entitles you to regular pay only, with no overtime owed. However, without a valid AWS, you are entitled to significant overtime pay. California law requires employers to pay 1.5 times your regular rate for any hours worked beyond 8 in a single day, regardless of your weekly total.

If your employer has informally assigned you a 4/10 schedule without following the legal election process, you are owed daily overtime for the 9th and 10th hours of each shift. For example, on a 10-hour workday without a valid AWS, you should receive 8 hours of regular pay plus 2 hours of overtime pay at 1.5 times your regular rate. Over a four-day week, this amounts to 8 hours of overtime owed.

Many employees are unaware they're entitled to this overtime because the arrangement feels voluntary or mutually beneficial. However, California overtime rights are non-waivable, meaning you cannot agree to forfeit overtime pay even if you prefer the schedule. The only lawful exception is a properly adopted AWS.

Possible "hidden" overtime situations can include:

• Working through unpaid meal breaks (if the employer knew or should have known)
• Arriving early or staying late beyond scheduled hours
• Attending mandatory meetings or training outside regular shift times
• Responding to work emails or calls during off-hours
• On-call time when the employee cannot engage in personal activities

All of these situations count as "hours worked" and must be compensated accordingly. Under California law, overtime is owed for all work that the employer "suffered or permitted," meaning if the employer knew or should have known you were working, compensation is required even if the overtime wasn't explicitly authorized.

When Must I Be Paid for the Overtime Hours I Work?

California requires overtime wages to be paid no later than the payday for the next regular pay period following the pay period in which the overtime was earned. This timing requirement applies to all forms of overtime compensation, including daily overtime, weekly overtime, and double-time pay. Employers cannot delay overtime payments beyond this timeframe, even if calculating the amounts requires additional time.

When you receive your paycheck, your employer must provide an itemized wage statement showing:

• Total hours worked during the pay period
• The number of regular hours worked
• The number of overtime hours worked at each applicable rate (1.5x or 2x)
• All applicable hourly rates
• Gross wages earned
• All deductions
• Net wages earned
• The pay period dates covered

This requirement extends to all overtime situations, including unauthorized overtime. Under California law, if you work overtime that your employer did not approve in advance, the employer must still pay you for those hours. While the employer may discipline you for violating company policy about unauthorized overtime, they cannot withhold the overtime pay you earned. This protection ensures that employers cannot circumvent overtime obligations by simply refusing to authorize extra hours that they knew were being worked or that they allowed to occur.

Can an Employee Waive His or Her Right to Overtime Compensation?

No. California employees cannot waive their right to overtime compensation under any circumstances. Labor Code Section 1194 explicitly makes overtime rights non-waivable, and any agreement purporting to waive overtime pay is void and unenforceable. This protection is rooted in public policy that aims to prevent employers from pressuring employees to give up their legal rights as a condition of employment.

Even if you sign a contract stating you agree to work for a flat salary with no overtime, or if you verbally agree to accept straight-time pay for extra hours, these agreements have no legal effect. The California Supreme Court has affirmed that overtime rights are unwaivable, solidifying public policy to ensure employees receive proper compensation for extended work hours. If your employer has you sign such an agreement and fails to pay overtime, you retain the full right to claim unpaid wages despite signing the waiver.

Similarly, if you "volunteer" to work longer hours without expecting overtime, the law still requires your employer to pay you the overtime rate. California courts have held that employees cannot volunteer to work for free or at reduced rates when performing work that benefits the employer. The only situations where extended hours do not trigger overtime are when the work genuinely does not benefit the employer (extremely rare in employment contexts) or when a valid Alternative Workweek Schedule has been properly adopted.

It's important to understand that an AWS is not a waiver of overtime rights. Rather, it's a legally recognized adjustment to when overtime begins accruing. Under a valid 4/10 AWS, overtime still applies after 10 hours per day or 40 hours per week, and employees retain all their overtime protections. The AWS merely shifts the daily threshold from 8 to 10 hours, and only when implemented through the proper democratic election process with two-thirds employee approval.

Federal Law vs California Law: Is a 4/10 Workweek Compliant With FLSA?

Yes, a properly implemented 4/10 Alternative Workweek Schedule complies with both California law and the federal Fair Labor Standards Act (FLSA). However, the two laws have fundamentally different approaches to overtime. The FLSA requires employers to pay overtime at 1.5 times the regular rate only for hours worked beyond 40 in a workweek. The FLSA contains no daily overtime requirement, meaning an employee could work 10, 12, or even 15 hours in a single day and receive only regular pay, as long as the weekly total doesn't exceed 40 hours.

California law is significantly more protective of workers. In addition to the 40-hour weekly threshold, California requires overtime after 8 hours in any workday and on the seventh consecutive day of work in a workweek. California is also the only state that mandates double-time pay for hours exceeding 12 in a day or 8 hours on the seventh consecutive workday. When federal and state laws differ, employers must follow whichever law provides greater benefits to employees.

Under a valid 4/10 AWS, California employers meet both federal and state requirements because employees work exactly 40 hours per week (satisfying the FLSA) and don't exceed 10 hours per scheduled workday (satisfying California's adjusted daily threshold under the AWS). Without an AWS, however, the same 4/10 schedule would violate California law by exceeding the 8-hour daily limit, even though it complies with the FLSA's 40-hour weekly standard.

Overtime Trigger	FLSA (Federal)	California (Standard)	California (Valid AWS)
Daily overtime threshold	None	After 8 hours/day	After 10 hours/day (scheduled days)
Weekly overtime threshold	After 40 hours/week	After 40 hours/week	After 40 hours/week
7th consecutive day	None	First 8 hours at 1.5x, after 8 hours at 2x	First 8 hours at 1.5x, after 8 hours at 2x
Double-time pay	None	After 12 hours/day	After 12 hours/day
Overtime rate	1.5x regular rate	1.5x or 2x regular rate	1.5x or 2x regular rate

Common Pitfalls & Compliance Risks With 4/10 Workweeks

Employers implementing 4/10 schedules face numerous compliance challenges that can result in significant legal liability. Common pitfalls include:

Employers implementing 4/10 schedules face numerous compliance challenges that can result in significant legal liability. Common pitfalls include:

• Improper elections: Failing to follow the secret ballot process, not achieving the required two-thirds approval, or conducting the vote off-site or outside working hours invalidates the entire AWS. Without a valid election, all hours beyond 8 per day must be paid as overtime retroactively.
• Not reporting to DLSE: Employers must report election results to the Division of Labor Standards Enforcement within 30 days. Failure to file this report can invalidate the AWS and expose the employer to overtime liability.
• Scheduling outside the AWS: Once an AWS is adopted, employers must adhere to the agreed schedule. Requiring employees to work on their scheduled days off, or regularly varying the schedule, can trigger overtime obligations and potentially invalidate the AWS.
• Letting employees work past 10 hours: Even under a valid 4/10 AWS, hours beyond 10 per day (or 12 hours for double-time) must be compensated at overtime rates. Employers who allow employees to work through breaks or stay late without proper compensation violate wage laws.
• Overlooking meal and rest break implications: In a 10-hour day, non-exempt employees generally must receive a 30-minute first meal break, and under many wage orders, a second 30-minute break unless properly waived. They also receive paid rest breaks: typically 10 minutes for every four hours worked (or major fraction thereof), but the exact number depends on daily hours and applicable wage order rules. Employers must consult the applicable IWC Wage Order for their industry to determine exact break obligations.
• Risks in healthcare or industry-specific wage orders: Different California Industrial Welfare Commission (IWC) Wage Orders apply to different industries. Healthcare facilities, for example, have special provisions for 12-hour shifts. Employers must ensure their AWS complies with the specific Wage Order covering their industry.
• Failing to accommodate employees who cannot work the AWS: Employers must make reasonable efforts to provide an 8-hour day schedule for employees who cannot work the alternative schedule due to religious beliefs or other qualifying reasons.
• Reducing pay rates when implementing AWS: The law prohibits employers from reducing an employee's regular hourly rate when adopting, repealing, or nullifying an AWS. Any reduction in the regular rate in connection with an AWS change violates California law.

Make-Up Time: Another Exception to Daily Overtime

In addition to Alternative Workweek Schedules, California law provides another limited exception to daily overtime requirements through "make-up time" provisions. Make-up time (under Labor Code Section 513) may allow some flexibility, but it has limits and must be properly authorized. It is not a blanket waiver of overtime.

Under the make-up time provision, if an employer approves a written request from an employee to make up work time that is or would be lost due to a personal obligation, those make-up hours do not count toward daily overtime calculations. However, this exception has strict limitations:

• The make-up work must be performed in the same workweek in which the time was lost
• The employee must provide a signed written request for each occasion
• Make-up time only exempts daily overtime up to 11 hours in a workday
• Make-up time does not exempt weekly overtime after 40 hours in a workweek
• Employers are prohibited from encouraging or soliciting employees to request make-up time

For example, if an employee working a standard 8-hour schedule needs to leave 2 hours early on Wednesday for a personal appointment, they could request to make up those 2 hours by working 10 hours on Thursday (instead of the usual 8). Under Section 513, those 10 hours on Thursday would be paid at the regular rate rather than 2 hours of overtime, as long as the employee does not exceed 11 hours in any day or 40 hours for the week. Important: Make-up time must be requested in writing by the employee strictly for their personal benefit and cannot be solicited or encouraged by the employer. If an employer suggests or pressures employees to use make-up time to avoid paying overtime, the overtime exemption is void and standard overtime rules apply.

Make-up time provisions also apply to employees working under an Alternative Workweek Schedule. An employee on a valid 4/10 schedule could work up to 11 hours on a scheduled workday (10 regular hours plus 1 make-up hour) without triggering overtime, or could make up time on a non-scheduled day. This flexibility allows employees to address personal needs without losing pay or using sick/vacation time, while employers avoid unnecessary overtime costs for work that simply shifts within the same week.

AB 2932 & the Four-Day Workweek Movement in California

In February 2022, California Assembly Members Evan Low and Cristina Garcia proposed Assembly Bill 2932, which would have fundamentally transformed California's definition of a standard workweek. The bill proposed reducing the threshold for weekly overtime from 40 hours to 32 hours for private-sector employers with more than 500 employees. As of now, AB 2932 remains a proposed bill; it has not become law, so current standard overtime thresholds (40 hours per week or 8 hours per day, unless under AWS) remain in effect.

The bill's proposed provisions included:

• Mandatory overtime pay after 32 hours per week (instead of 40) for large employers
• Prohibition against reducing employees' regular pay rates when implementing the shorter workweek
• Exemption for employers with 500 or fewer employees, who would continue under current overtime rules
• Exemption for unionized businesses with collective bargaining agreements

AB 2932 generated intense debate among legislators, business groups, and labor advocates. Proponents argued that the pandemic had demonstrated the viability of alternative work arrangements and that productivity gains over the past century justified shorter working hours. Supporters cited successful pilot programs in Iceland and the United Kingdom where companies maintained productivity while working fewer hours.

Opponents, including the California Chamber of Commerce, placed AB 2932 on their "Job Killer" list, arguing it would significantly increase labor costs, create staffing shortages, and burden businesses still recovering from the pandemic. Critics warned that the bill would force employers to hire additional staff, reduce employee hours to avoid overtime costs, or face substantially higher payroll expenses.

In May 2022, AB 2932 failed to advance past committee deadlines in the California State Assembly's Labor and Employment Committee, effectively halting the bill. The proposed legislation has not become law and has not been successfully reintroduced in subsequent legislative sessions. As of now, AB 2932 remains a proposed bill that has not been enacted. Current standard overtime thresholds (40 hours per week or 8 hours per day, unless under a valid AWS) remain in effect, and the 4/10 Alternative Workweek Schedule framework under Labor Code Section 511 continues to be the only legal pathway for compressed schedules without daily overtime.

Pros & Cons of a 4/10 Alternative Workweek Schedule

The 4/10 Alternative Workweek Schedule offers distinct advantages and drawbacks for both employers and employees. Understanding these trade-offs is essential for making informed decisions about whether to pursue this arrangement.

Pros	Cons
For Employers: Potential productivity gains from fewer transitions and startup times Reduced facility costs (utilities, maintenance) on the fifth day Enhanced recruitment and retention of employees seeking flexibility Improved employee morale and satisfaction Better coverage for businesses requiring extended operational hours	For Employers: Significant compliance risks if AWS not properly implemented Complex administrative burden for election and reporting requirements Potential scheduling conflicts and coverage gaps Increased meal and rest break obligations Higher overtime costs if employees work beyond 10 hours Possible reduced customer service availability
For Employees: Three-day weekends every week for improved work-life balance Reduced commuting costs and time (one less day per week) More time for personal appointments, family, and leisure Potential for pursuing education or side projects on days off Same total weekly hours and pay as traditional schedule	For Employees: Long 10-hour days can cause physical and mental fatigue Less daily time for family, especially those with young children Difficulty maintaining focus and productivity in later hours Potential health impacts from extended sitting or standing Reduced flexibility for daily appointments or commitments May not suit all job types or personal circumstances

Research on compressed workweeks has shown mixed results. Some studies indicate that productivity remains stable or even improves due to reduced daily transitions and higher employee satisfaction. However, fatigue can become a significant factor in the later hours of 10-hour shifts, particularly for jobs requiring high concentration, physical labor, or customer interaction. The success of a 4/10 schedule often depends on the specific industry, job requirements, and individual employee preferences and circumstances.

Contact Kingsley Szament Employment Lawyers

If you have questions about California overtime law, Alternative Workweek Schedules, or believe your employer has violated your rights regarding wages and hours, Kingsley Szament Employment Lawyers can help. Our experienced Los Angeles overtime attorneys understand the complexities of California labor law and are committed to protecting workers' rights.

Whether you're an employee who hasn't been paid proper overtime for a 4/10 schedule, or an employer seeking guidance on implementing a compliant Alternative Workweek Schedule, our legal team has the knowledge and experience to assist with your case. We handle all aspects of employment law, including unpaid overtime claims, wage and hour violations, misclassification issues, and employer compliance matters.

Contact Kingsley Szament Employment Lawyers today for a consultation regarding your Los Angeles employment case. Our firm is dedicated to ensuring that California's wage and hour laws are properly enforced and that employees receive the compensation they have earned.

Frequently Asked Questions

Is a 4/10 schedule considered full-time?

Yes, a 4/10 schedule is considered full-time employment in California because employees work 40 hours per week, which meets the standard definition of full-time work. Employees on 4/10 schedules are entitled to the same benefits, protections, and treatment as those working traditional five-day schedules.

Is overtime based on the 10-hour day or the week?

Under a valid AWS, overtime is based on both daily and weekly limits. Employees receive overtime for work exceeding 10 hours in a scheduled workday or 40 hours in a workweek, whichever threshold is reached. Additionally, work on non-scheduled days triggers overtime, and hours beyond 12 in any day require double-time pay.

Can employers force employees to vote for an AWS?

No. California law expressly prohibits employers from intimidating, coercing, or forcing employees to vote in favor of an Alternative Workweek Schedule. The election must be conducted by secret ballot to protect employees from retaliation, and employees are free to vote according to their preferences without employer interference.

Can employees opt out of an AWS after it's adopted?

Individual employees cannot opt out of a validly adopted AWS. However, employers must make reasonable efforts to accommodate employees who cannot work the alternative schedule, potentially by offering an 8-hour schedule option. Additionally, if at least one-third of employees petition to repeal the AWS, the employer must conduct a new secret ballot election within 30 days. If two-thirds vote to repeal the AWS, the employer must revert to the standard schedule within 60 days.

What happens if the AWS is not followed perfectly?

Deviations from an adopted AWS can trigger overtime obligations and potentially invalidate the entire schedule. If an employer regularly schedules employees outside the approved AWS (such as requiring work on scheduled days off or varying daily hours), they must pay overtime for any hours exceeding 8 per day under standard California rules. Consistent or significant deviations may void the AWS entirely, resulting in substantial overtime liability for past periods. If employees vote to repeal the AWS, the employer has 60 days to revert to the standard schedule.

Do meal and rest break rules change under a 4/10 schedule?

In a 10-hour day, non-exempt employees generally must receive a 30-minute first meal break, and under many wage orders, a second 30-minute break unless properly waived. They also receive paid rest breaks: typically 10 minutes for every four hours worked (or major fraction thereof), but the exact number depends on daily hours and applicable wage order rules. The fundamental meal and rest break requirements are governed by the applicable IWC Wage Order for your industry, not by the Alternative Workweek Schedule itself. Employers must consult their industry's specific Wage Order to determine exact break obligations for 10-hour shifts.

Can salaried employees work a 4/10 schedule?

Salaried employees may be exempt from overtime if they meet the legal exemption criteria (duties plus salary threshold). Merely being paid a salary does not guarantee exemption. Employees who are properly classified as exempt (those who meet specific salary thresholds and job duty requirements for executive, administrative, professional, or certain other classifications under applicable IWC Wage Orders) are not subject to overtime laws and can work a 4/10 schedule without any formal AWS. However, non-exempt salaried employees are entitled to overtime pay just like hourly workers and would require a valid AWS to work 10-hour days without triggering daily overtime. Employers must ensure employees are properly classified based on both salary level tests and job duties tests under the relevant Wage Order.