Legalities of Summer Schedule Prep: 4/10s, 9/80s, and Internships in California
- laconfidentialhr
- Jun 25
- 6 min read
Summer can be a great time for employers to rethink workplace flexibility.
Employees may want longer weekends.
Founders may want better coverage.
Managers may want fewer interruptions.
Students may be looking for internships.
And small businesses may be thinking, “Can we just adjust the schedule for the summer?”
In California, the answer is: maybe — but not casually.
Summer scheduling and internships can be useful tools, but they also create compliance risk when they are handled informally.
A 4/10 schedule is not just “work four long days.”
A 9/80 schedule is not just “take every other Friday off.”
An unpaid internship is not just “someone learning while helping out.”
In California, process matters.
Why Summer Schedule Planning Matters
Many employers want flexibility during summer months. A business may want to offer a compressed schedule, reduce Friday coverage, support employee work-life balance, or bring in interns for project support.
These can all be good ideas. But for California employers, the legal structure matters because wage and hour rules are strict.
For nonexempt employees, California generally requires daily overtime after 8 hours in a workday unless a valid exception applies. That means a business cannot simply move employees to 10-hour days and assume there is no overtime.
This is where alternative workweek schedules come in.
What Is a 4/10 Schedule?
A 4/10 schedule usually means employees work four 10-hour days in a workweek instead of five 8-hour days.
For example: Monday: 10 hoursTuesday: 10 hoursWednesday: 10 hoursThursday: 10 hoursFriday: off
This can sound simple, but in California, a 4/10 schedule for nonexempt employees usually requires a properly adopted alternative workweek schedule.
That may involve a defined work unit, written disclosure, a secret ballot election, approval by the required employee vote, and filing election results with the state.
Without the proper process, those 9th and 10th hours in a day may create overtime exposure.
What Is a 9/80 Schedule?
A 9/80 schedule usually means an employee works 80 hours over 9 workdays instead of 10 workdays.
A common version looks like:
Week 1: four 9-hour days and one 8-hour dayWeek 2: four 9-hour days and one day off
This can give employees every other Friday off.
But 9/80 schedules can be tricky in California because employers must structure the workweek correctly. If the workweek is not properly defined, the schedule can unintentionally create overtime liability.
For founders and small business owners, the takeaway is simple: Do not implement a 9/80 by handshake, calendar invite, or casual announcement.
It needs to be reviewed carefully before rollout.
Common Mistakes With 4/10 and 9/80 Schedules
Some common employer mistakes include:
Letting employees work longer days without a valid alternative workweek process
Assuming employee agreement alone is enough
Failing to define the affected work unit
Not documenting the schedule properly
Not understanding daily overtime rules
Forgetting meal and rest break obligations
Applying the schedule inconsistently
Using the schedule for only some employees without reviewing fairness and operational impact
Not considering how holidays, PTO, sick leave, or missed days affect pay
Forgetting to update policies, timekeeping practices, and manager instructions
A flexible schedule can be a great employee benefit. But if implemented incorrectly, it can become a wage and hour problem.
Practical Steps Before Implementing a Summer Schedule
Before rolling out a 4/10, 9/80, or other compressed schedule, employers should review:
Which employees are exempt vs. nonexempt
Whether an alternative workweek schedule is legally required
Whether the proposed schedule works under the applicable wage order
Whether employee election procedures are needed
How overtime will be calculated
How meal and rest breaks will be tracked
How holidays, PTO, sick leave, and absences will be handled
How managers will communicate and enforce the schedule
Whether the policy should be temporary, seasonal, or permanent
Whether legal counsel should review the structure before implementation
For California employers, summer flexibility should be intentional, documented, and compliant.
Internships: Paid vs. Unpaid
Summer is also the season when employers start thinking about interns.
This is especially common for startups, nonprofits, creative businesses, and small companies that want extra help while giving students experience.
But internships are another area where employers should be careful.
The biggest question is:
Is this really an internship, or is this unpaid labor?
If the company is getting productive work from the intern, treating the intern like regular staff, using the intern to replace an employee, or expecting the intern to perform business tasks that primarily benefit the company, the safer approach is usually to pay the intern.
What Is a True Internship?
A true internship is primarily educational.
It should be designed for the benefit of the intern, not simply for the convenience of the employer.
A stronger internship program usually includes:
Connection to a school, college, university, vocational program, or structured training program
Clear learning objectives
Defined start and end dates
Supervision and mentoring
No displacement of regular employees
No promise of a job at the end
Clear understanding about whether the internship is paid or unpaid
Work that complements education rather than replaces paid work
Documentation of the program structure
For unpaid internships, the structure matters even more.
If the intern is doing the same work that an employee would normally do, the company may have a problem.
“Via a College” Does Not Automatically Make It Legal
Many employers believe that if an internship is connected to a college, it is automatically safe to be unpaid.
Not necessarily.
A school connection helps support the educational purpose, but it does not automatically make the arrangement compliant.
Employers should still ask:
Is the intern receiving meaningful training?
Is the internship tied to educational goals?
Is the intern the primary beneficiary?
Is the business avoiding using the intern as free labor?
Is the internship limited in duration?
Are expectations documented?
Is there academic credit or school oversight?
Is the intern doing work that would otherwise be done by paid staff?
If the employer is the primary beneficiary, the intern may need to be paid.
Paid Internships Are Often the Safer Option
For many California employers, paid internships are cleaner and easier to manage.
A paid internship can still be educational.
It can still include mentoring, learning goals, project work, and development.
But paying interns reduces the risk of misclassification and wage claims.
If a business needs help with real work, operations, client support, marketing, administration, events, or production, it should strongly consider a paid internship or temporary employee arrangement.
Calling someone an “intern” does not remove wage and hour obligations.
Special Considerations for Nonprofits
Nonprofits often rely on interns and volunteers.
That does not mean every unpaid arrangement is automatically allowed.
There is a difference between a true volunteer, an unpaid intern, and an employee.
Nonprofits should be especially careful to document the relationship, avoid replacing paid labor with unpaid workers, and make sure interns and volunteers are treated appropriately.
Even unpaid interns and volunteers have protections from harassment and discrimination.
For nonprofits serving students, youth, vulnerable populations, or community programs, additional screening, supervision, safety, and boundary policies may also be needed.
Summer HR Checklist for Employers
Before changing schedules or bringing in interns, employers should review:
Employee classifications
Work schedules
Overtime rules
Timekeeping practices
Meal and rest break compliance
PTO, sick leave, and holiday handling
Alternative workweek requirements
Internship program structure
Paid vs. unpaid internship risk
Offer letters or internship agreements
Supervisor training
Anti-harassment protections
Safety and workplace policies
Employee handbook updates
Summer flexibility is not just a scheduling decision. It is an HR compliance decision.
Why This Matters for Founders
Founders often move quickly.
That is part of building a business.
But California HR rules often require more structure than founders expect.
A summer schedule that sounds employee-friendly can still create overtime risk.
An unpaid internship that sounds like a learning opportunity can still create wage risk.
A casual arrangement can become a compliance problem later.
This is why fractional HR support can be helpful for small businesses and startups.
Most growing companies do not need full-time HR right away.
But they do need someone who can help translate employment rules into practical, business-friendly steps.
Final Thoughts
Summer is a good time to offer flexibility, build talent pipelines, and support employee morale.
But in California, flexibility should be designed carefully.
Before implementing a 4/10, 9/80, or unpaid internship program, employers should pause and review the structure.
The goal is not to make HR complicated. The goal is to prevent avoidable problems.
A good summer plan should support the business, protect employees, and keep the organization compliant.
Need Help Reviewing Summer Schedule or Internship Plans?
L.A. Confidential HR Solutions helps California startups, small businesses, nonprofits, and growing teams review HR compliance, employee handbooks, onboarding, wage and hour practices, internships, scheduling, and people operations.
Before rolling out a summer schedule or internship program, make sure the HR foundation is ready.
This article is for general informational purposes only and is not legal advice.
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