Flexible Work Schedule AB 2127 Rejected in 2008

Even though this was part of last year's agenda, this topic is a good start for this forum because many corporations throughout the South Bay, including just recently Northrop Grumman, have instituted flexible work schedules such as telecommuting opportunities and "9 / 80" work plans. Many large corporations have not only seen a reduction in sick days and an increase in employee morale, but significant savings in energy costs as facilities are able to reduce their electrical loads on days with fewer employees on site.

In 2008, the California Chamber of Commerce-sponsored legislation to allow individual employees flexibility in work schedules that could help accommodate diverse family obligations, as well as commuting issues and other personal needs. Even with the overwhelming support of employers, employees and sponsorship from 43 local chambers of commerce, including many in the South Bay, the Assembly Labor and Employment Committee rejected AB 2127 (Benoit; R-Bermuda Dunes) on a party line vote of 2-6.

AB 2127 would have allowed a small employer (25 or fewer employees) to agree to an employee’s request to work an alternative work schedule. The bill applied specifically to small businesses that are not covered by a collective bargaining agreement. According to small businesses, employees and local chambers of commerce, the Small Business Family Scheduling Option would have added a much-needed boost for employers struggling to recruit and maintain qualified employees in a shrinking pool of candidates.


“California needs a law that will permit four-day workweeks for individual workers,” said Marc Burgat, CalChamber vice president of government relations. “AB 2127 is good for workers, good for the environment and good public policy. Permitting individual scheduling flexibility is one way small businesses owners can help employees strike a balance between work and personal responsibilities. This bill has the added benefit of helping our environment by eliminating one commute trip per week for each employee who is working the compressed schedule.” 

Current law prevents small businesses from offering this option. In addition to benefits for the employers, employees looking to pursue higher education or spend more time with families would see instant opportunity under this type of legislation.

I am not only an adamant believer in this practice; I am a beneficiary of it myself. My current employer offers both the opportunity to telecommute and the opportunity to select a 9 / 80 work schedule, meaning that in exchange for working 9 hours per day instead of 8 hours per day, I am able to reach my 80th hour one day faster and take the 10th day (the "9/80 Friday") off. This summer, I used this alternate Friday every two weeks to join my wife & daughters at the South Coast Botanical Gardens for their children's program. I was so blessed to have that time with my kids, and believe we can build stronger families by giving working parents more time like this with their children.

AB 2127 would have provided an added incentive to  offer employees as a way of improving productivity and reducing absenteeism. It's a benefit other states, including Nevada & Texas, permit their small businesses to offer. So why not allow California businesses to offer it?

One interesting fact we should point out in this discussion is the furloughing of state employees on three of four Fridays every month; how does this relate? Ask yourself whether you have noticed any reduction in service at the DMV or other state service offices? Despite the loss in pay, I would be interested to learn from state employees, who are willing to speak independent of the SEIU's talking points, whether they have benefited from more family time and time to run errands they could not during regualar work hours.

I look forward to hearing your thoughts about Flexible Work Schedules and whether I should work to make these a reality for small businesses when I become your next State Senator.

I currently believe so. Let's hear your thoughts.