California Free Printable Labor Law Posters Posters California Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry Poster

 Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry PDF

The Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry is a labor law posters poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in the manufacturing industry.

This poster must be posted in a conspicuous place where all employees of manufacturing industries will see it. Employers can also request if they need this poster in another language. It describes who is affected by the laws, definitions of any necessary terms that an employee would need to know to understand the rest of the poster, standards for hours and days of work workable by employees, and what the minimum wage is for manufacturing employees. Other information includes reporting for work, licenses for disabled workers, what records should be retained by the employer, and how to deal with situations regarding cash shortages and equipment breaking.


CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .

OFFICIAL NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 1-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
MANUFACTURING INDUSTRY 	
Effective July 1, 2002 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, pursuant to SB 3, Chapter 4, Statutes of 2016 and  section 1182.13 of the Labor Code 	
 	
This Order Must Be Posted Where Employees Can Read It Easily 	
 
 
 
 
 
 
 
 
 
 
 	
Visit 	www.dir.ca.gov	 	
IWC FORM 1101 (Rev. 11/2020) 	
OSP 06 98759

—	1 	 	
 	
TAKE NOTICE: 	To employers and representatives of persons working in industries and occupations in the State of California: The 
Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare 
Commission’s Orders as a result of legislation enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section  1182.12  of  the  California 
Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes 
to the IWC’s Orders. 	
1. APPLICABILITY OF ORDER 	
This order shall apply to all persons employed in the manufacturing industry whether paid on a time, piece rate, commission, 
or other basis, except that: 
(A)	 Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or 
professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to 
qualify for an exemption from those sections: 
(1)	 Executive Exemption. A person employed in an executive capacity means any employee: 
(a)	 Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a 
customarily recognized department or subdivision thereof; and 	
(b)	 Who customarily and regularly directs the work of two or more other employees herein; and 	
(c) 	Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring 
or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; 
and 	
(d)	 Who customarily and regularly exercises discretion and independent judgment; and 	
(e)	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work 
and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the 
Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt 
work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as 
a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week  must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s 
realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies 
this requirement. 	
(f) 	Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum 
wage for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
(2) 	Administrative Exemption. A person employed in an administrative capacity means any employee: 
(a)	 Whose duties and responsibilities involve either: 
(i) The performance of office or non-manual work directly related to management policies or general business 
operations of his employer or his employer’s customers, or 	
(ii) 	The performance of functions in the administration of a school system, or educational establishment or 
institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on 
therein; and 	
(b) 	Who customarily and regularly exercises discretion and independent judgment; and 	
(c) 	Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative 
capacity (as such terms are defined for purposes of this section); or 	
(d)	 Who performs under only general supervision work along specialized or technical lines requiring special training, 
experience, or knowledge; or 	
(e)	 Who executes under only general supervision special assignments and tasks; and 	
(f) Who are primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and 
non-exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair 
Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, and 541.210, 541.215. 
Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed 
as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week 
must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s 
realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies 
this requirement. 	
 	
OFFICIAL NOTICE 	
 
 	
INDUSTRIAL WELFARE COMMISSION 
ORDER NO. 1-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
MANUFACTURING	 INDUSTRY

—	2 	 	
(g) 	Such  employee  must also  earn a  monthly  salary  equivalent  to no  less  than  two times  the  state  minimum  wage for 
full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(3) 	Professional  Exemption.  A person employed in a professional capacity means any employee who meets all  of the 
following requirements: 
(a)  	Who  is  licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of  one  of the  following 
recognized professions:  law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or  	
(b) 	Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For  the 
purposes  of this subsection,  “learned or art istic profession”  means an  employee who  is primarily  engaged  in the  performance of:  
(i) 	Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a 
prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from 
an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an 
essential part of or necessarily incident to any of the above work; or 	
(ii)  	Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work 
which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which de- 
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident 
to any of the above work; and 	
(iii)  	Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, 
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized 
in relation to a given period of time. 	
(c) 	Who customarily and regularly exercises discretion and independent judgment in the performance of duties set 
forth in paragraphs (a) and (b). 	
(d)  	Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full -time 
employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(e) 	Subparagraph  (b) above  is intended  to be  construed  in accordance  with the  following  provisions  of  federal  law  as 
they existed as of the date of this wage order: 29 C.F.R.  Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, 
and 541.310.  	
(f) 	Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to engage  in the  practice  of  pharmacy, 
and  registered  nurses employed  to engage  in the  practice  of  nursing,  shall  not  be  considered  exempt professional  employees,  nor 
shall they be considered exempt  from coverage for the purposes of this subparagraph unless they individually meet the criteria 
established for exemption as  executive or administrative  employees. 	
(g) 	Subparagraph (f)  above, shall not apply to the following advanced practice  nurses: 
(i) 	Certified nurse midwives who are primarily engaged in performing duties for which certification is required 
pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(ii)  	Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required 
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iii)  	Certified  nurse practitioners  who  are  primarily  engaged  in  performing  duties  for  which  certification  is required 
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions  Code.  	
(iv) 	Nothing in this subparagraph shall exempt the  occupations set forth in clauses (i), (ii), and (iii) from meeting 
the requirements of subsection 1(A)(3)(a) -(d) above.  	
(h) 	Except,  as  provided  in subparagraph (i),  an  employee  in the  computer  software  field who  is  paid  on an  hourly  
basis shall be exempt,  if all of the following apply: 	
(i) 	The  employee  is primarily  engaged  in work  that  is  intellectual  or  creative  and requires  the  exercise  of  discretion 
and independent  judgment.  	
(ii) 	The employee is primarily engaged in duties that consist of one or more of the  following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
det	

ermine hardware, software, or system functional specifications.  
—The design, development, documentation, analysis, creation, testing, or modification of computer systems 
or

 programs, including prototypes, based on and related to user or system design specifications.  
—The documentation, testing, creation, or modification of computer programs related to the design of 
s

oftware or hardware for computer operating systems.  	
(iii) 	The  employee  is  highly  skilled  and  is proficient  in the  theoretical  and  practical  application  of highly  specialized 
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the 
applicability of this exemption.  	
(iv) 	The  employee’s hourly rate of pay is not less than forty -one  dollars ($41.00) . The Office of Policy, Research 
and Legislation shall adjust this  pay rate on October 1 of each year to be effective on January 1 of the following year by an amount  
equal  to the  percentage  increase in the  California  Consumer  Price  Index  for  Urban  W age Earners  and Clerical  Workers.	
1 	
(i) 	The exemption provided in subparagraph (h) does not apply to an employee if  any of the following apply: 
(i) 	The  employee  is   a  trainee  or employee  in an  entry -level  position  who is learning  to  become  proficient  
in  the  theoretical and practical application of highly specialized information to computer systems analysis, programming, 
and software  engineering. 	
                                                 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director -  Research,  Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77 effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtain ed 
at  http://www.dir.ca.gov/iwc/computerSoftwareEmployees.html  
or by mail from the Department of Industrial Relations.

—	3 	 	
(ii) 	The employee is in a computer-related occupation but has not attained the level of skill and expertise 
necessary to work independently and without close supervision. 	
(iii) 	The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of 
computer hardware and related equipment. 	
(iv) 	The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon 
or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, 
including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v) 	The employee is a writer engaged in writing material, including box labels, product descriptions, 
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for 
on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-
related media such as the World Wide Web or CD-ROMs. 	
(vi) 	The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating 
imagery for effects used in the motion picture, television, or theatrical industry. 	
(B)	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly 
employed by the State or any political subdivision thereof, including any city, county, or special district. 	
(C) 	The provisions of this order shall not apply to outside salespersons. 	
(D)	 Provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the 
employer. 	
(E)	 The provisions of this order shall not apply to any individual participating in a national service program, such as 
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, Ch. 365, amending California Labor Code Section 1171.) 	
2. DEFINITIONS 	
(A)	 An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than 
eight (8) hours in a 24-hour period. 	
(B)	 “Commission” means the Industrial Welfare Commission of the State of California. 	
(C)	 “Division” means the Division of Labor Standards Enforcement of the State of California. 	
(D) 	“Employ” means to engage, suffer, or permit to work. 	
(E)	 “Employee” means any person employed by an employer. 	
(F)	 “Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent 
or any other person, employs or exercises control over the wages, hours, or working conditions of any person. 	
(G)	 “Hours worked” means the time during which an employee is subject to the control of an employer, and includes all the 
time the employee is suffered or permitted to work, whether or not required to do so. 	
(H)	 “Manufacturing Industry” means any industry, business, or establishment operated for the purpose of preparing, produc- 
ing, making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, 
articles, or commodities, in whole or in part; EXCEPT when such activities are covered by Orders in the: Canning, Preserving, and 
Freezing Industry; Industries Handling Products After Harvest; Industries Preparing Agricultural Products for Market, on the Farm; 
or Motion Picture Industry. 	
(I) “Minor” means, for the purpose of this Order, any person under the age of 18 years. 	
(J) 	“Outside salesperson” means any person, 18 years of age or over, who customarily and regularly works more than half the 
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for 
products, services or use of facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time. 	
(L)	 “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time. 	
(M) 	“Split shift” means a work schedule, which is interrupted by non-paid non-working periods established by the employer, 
other than bona fide rest or meal periods. 	
(N)	 “Teaching” means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the Com- 
mission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(O)	 “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or as- 
certained by the standard of time, task, piece, commission basis, or other method of calculation. 	
(P)	 “Workday” and “day” means any consecutive 24-hour period beginning at the same time each calendar day. 	
(Q)	 “Workweek” and “week” means any seven (7) consecutive days, starting with the same calendar day each week. “Work- 
week” is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.	
 	
3. HOURS AND DAYS OF WORK 	
(A)	 Daily Overtime-General Provisions 
(1) 	The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 
years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject 
work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 in a workweek unless the 
employee receives one and one half ( 1	
1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the 
workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six 
(6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: 	
(a) 	One and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours  	
up to and including twelve (12) hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work 
in a workweek; and	
 	
(b)	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all

—	4 	 	
hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek. 	
(c) 	The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be 
computed by using the employee’s regular hourly salary as one fortieth (1/40) of the employee’s weekly salary. 	
(2) 	The provisions of this section are not applicable to employees whose hours of service: 
(a) 	The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13,  
Hours of Service of Drivers; or 	
(b)	 Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating 
hours of drivers. 	
(B)	 Alternative Workweeks 
(1)	 No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election 
procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per 
day within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday 
beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and 
one-half  (1
1/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess 
of eight  (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative 
workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted 
pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an 
employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by 
the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of 
overtime.  No hours paid at either one and one-half (1	
1/2) or double the regular rate  of  pay shall be included in determining when 
40 hours  have been worked for the purpose of computing overtime compensation. 	
(2) 	Any agreement adopted pursuant to this section shall provide not less than two (2) consecutive days  off within a 
workweek. 	
(3)	 If an employer, whose employees have adopted an alternative workweek agreement permitted by this order requires 
an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee  
overtime compensation at a rate of one and one-half (1	
1/2) times the employee’s regular rate of pay for all hours worked in excess of  
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee 
is required to work the reduced hours. 	
(4) 	An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification 
of an alternative workweek schedule. 	
(5)	 An employer shall explore any available reasonable alternative means of accommodating the religious belief or 
observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by 
subdivision (j) of Section 12940 of the Government Code. 	
(6)	 An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in 
order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable 
to work the alternative workweek schedule established as the result of that election. 	
(7) 	An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday 
to accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek 
schedule established by the election. 	
(8)	 Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect 
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election 
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the 
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek 
schedule of not more than ten (10) hours a day as of July 1, 2000, that alternative workweek schedule was based on an individual 
agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the employer 
approved, a written request on or before May 30, 2000 to continue the agreement, the employee may continue to work that  alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the agreement. The 
employee may revoke his or her voluntary authorization to continue such a schedule with 30 days written notice to the employer. 
New arrangements can only be entered into pursuant to the provisions of this section. 	
(C) 	Election Procedures 	
Election procedures for the adoption and repeal of alternative workweek schedules require the following: 	
(1)	 Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the 
employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of  work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be 
specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit,  or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes 
a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another. 	
(2) 	In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before 
the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held 
during regular working hours at the employees’ work site. For purposes of this subsection, “affected employees in the work unit”  may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate 
physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as  the criteria for an identifiable work unit in this subsection is met. Prior to the secret ballot vote, any employer who proposed to institute 
an alternative workweek schedule shall have made a disclosure in writing to the affected employees, including the effects of the 
proposed arrangement on the employees’ wages, hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, 
held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule. An

OFFICIAL NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 1-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
MANUFACTURING INDUSTRY 	
Effective July 1, 2002 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, pursuant to SB 3, Chapter 4, Statutes of 2016 and  section 1182.13 of the Labor Code 	
 	
This Order Must Be Posted Where Employees Can Read It Easily 	
 
 
 
 
 
 
 
 
 
 
 	
Visit 	www.dir.ca.gov	 	
IWC FORM 1101 (Rev. 11/2020) 	
OSP 06 98759

—	1 	 	
 	
TAKE NOTICE: 	To employers and representatives of persons working in industries and occupations in the State of California: The 
Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare 
Commission’s Orders as a result of legislation enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section  1182.12  of  the  California 
Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes 
to the IWC’s Orders. 	
1. APPLICABILITY OF ORDER 	
This order shall apply to all persons employed in the manufacturing industry whether paid on a time, piece rate, commission, 
or other basis, except that: 
(A)	 Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or 
professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to 
qualify for an exemption from those sections: 
(1)	 Executive Exemption. A person employed in an executive capacity means any employee: 
(a)	 Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a 
customarily recognized department or subdivision thereof; and 	
(b)	 Who customarily and regularly directs the work of two or more other employees herein; and 	
(c) 	Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring 
or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; 
and 	
(d)	 Who customarily and regularly exercises discretion and independent judgment; and 	
(e)	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work 
and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the 
Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt 
work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as 
a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week  must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s 
realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies 
this requirement. 	
(f) 	Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum 
wage for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
(2) 	Administrative Exemption. A person employed in an administrative capacity means any employee: 
(a)	 Whose duties and responsibilities involve either: 
(i) The performance of office or non-manual work directly related to management policies or general business 
operations of his employer or his employer’s customers, or 	
(ii) 	The performance of functions in the administration of a school system, or educational establishment or 
institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on 
therein; and 	
(b) 	Who customarily and regularly exercises discretion and independent judgment; and 	
(c) 	Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative 
capacity (as such terms are defined for purposes of this section); or 	
(d)	 Who performs under only general supervision work along specialized or technical lines requiring special training, 
experience, or knowledge; or 	
(e)	 Who executes under only general supervision special assignments and tasks; and 	
(f) Who are primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and 
non-exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair 
Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, and 541.210, 541.215. 
Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed 
as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week 
must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s 
realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies 
this requirement. 	
 	
OFFICIAL NOTICE 	
 
 	
INDUSTRIAL WELFARE COMMISSION 
ORDER NO. 1-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
MANUFACTURING	 INDUSTRY

—	2 	 	
(g) 	Such  employee  must also  earn a  monthly  salary  equivalent  to no  less  than  two times  the  state  minimum  wage for 
full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(3) 	Professional  Exemption.  A person employed in a professional capacity means any employee who meets all  of the 
following requirements: 
(a)  	Who  is  licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of  one  of the  following 
recognized professions:  law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or  	
(b) 	Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For  the 
purposes  of this subsection,  “learned or art istic profession”  means an  employee who  is primarily  engaged  in the  performance of:  
(i) 	Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a 
prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from 
an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an 
essential part of or necessarily incident to any of the above work; or 	
(ii)  	Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work 
which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which de- 
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident 
to any of the above work; and 	
(iii)  	Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, 
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized 
in relation to a given period of time. 	
(c) 	Who customarily and regularly exercises discretion and independent judgment in the performance of duties set 
forth in paragraphs (a) and (b). 	
(d)  	Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full -time 
employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(e) 	Subparagraph  (b) above  is intended  to be  construed  in accordance  with the  following  provisions  of  federal  law  as 
they existed as of the date of this wage order: 29 C.F.R.  Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, 
and 541.310.  	
(f) 	Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to engage  in the  practice  of  pharmacy, 
and  registered  nurses employed  to engage  in the  practice  of  nursing,  shall  not  be  considered  exempt professional  employees,  nor 
shall they be considered exempt  from coverage for the purposes of this subparagraph unless they individually meet the criteria 
established for exemption as  executive or administrative  employees. 	
(g) 	Subparagraph (f)  above, shall not apply to the following advanced practice  nurses: 
(i) 	Certified nurse midwives who are primarily engaged in performing duties for which certification is required 
pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(ii)  	Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required 
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iii)  	Certified  nurse practitioners  who  are  primarily  engaged  in  performing  duties  for  which  certification  is required 
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions  Code.  	
(iv) 	Nothing in this subparagraph shall exempt the  occupations set forth in clauses (i), (ii), and (iii) from meeting 
the requirements of subsection 1(A)(3)(a) -(d) above.  	
(h) 	Except,  as  provided  in subparagraph (i),  an  employee  in the  computer  software  field who  is  paid  on an  hourly  
basis shall be exempt,  if all of the following apply: 	
(i) 	The  employee  is primarily  engaged  in work  that  is  intellectual  or  creative  and requires  the  exercise  of  discretion 
and independent  judgment.  	
(ii) 	The employee is primarily engaged in duties that consist of one or more of the  following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
det	

ermine hardware, software, or system functional specifications.  
—The design, development, documentation, analysis, creation, testing, or modification of computer systems 
or

 programs, including prototypes, based on and related to user or system design specifications.  
—The documentation, testing, creation, or modification of computer programs related to the design of 
s

oftware or hardware for computer operating systems.  	
(iii) 	The  employee  is  highly  skilled  and  is proficient  in the  theoretical  and  practical  application  of highly  specialized 
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the 
applicability of this exemption.  	
(iv) 	The  employee’s hourly rate of pay is not less than forty -one  dollars ($41.00) . The Office of Policy, Research 
and Legislation shall adjust this  pay rate on October 1 of each year to be effective on January 1 of the following year by an amount  
equal  to the  percentage  increase in the  California  Consumer  Price  Index  for  Urban  W age Earners  and Clerical  Workers.	
1 	
(i) 	The exemption provided in subparagraph (h) does not apply to an employee if  any of the following apply: 
(i) 	The  employee  is   a  trainee  or employee  in an  entry -level  position  who is learning  to  become  proficient  
in  the  theoretical and practical application of highly specialized information to computer systems analysis, programming, 
and software  engineering. 	
                                                 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director -  Research,  Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77 effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtain ed 
at  http://www.dir.ca.gov/iwc/computerSoftwareEmployees.html  
or by mail from the Department of Industrial Relations.

—	3 	 	
(ii) 	The employee is in a computer-related occupation but has not attained the level of skill and expertise 
necessary to work independently and without close supervision. 	
(iii) 	The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of 
computer hardware and related equipment. 	
(iv) 	The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon 
or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, 
including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v) 	The employee is a writer engaged in writing material, including box labels, product descriptions, 
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for 
on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-
related media such as the World Wide Web or CD-ROMs. 	
(vi) 	The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating 
imagery for effects used in the motion picture, television, or theatrical industry. 	
(B)	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly 
employed by the State or any political subdivision thereof, including any city, county, or special district. 	
(C) 	The provisions of this order shall not apply to outside salespersons. 	
(D)	 Provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the 
employer. 	
(E)	 The provisions of this order shall not apply to any individual participating in a national service program, such as 
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, Ch. 365, amending California Labor Code Section 1171.) 	
2. DEFINITIONS 	
(A)	 An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than 
eight (8) hours in a 24-hour period. 	
(B)	 “Commission” means the Industrial Welfare Commission of the State of California. 	
(C)	 “Division” means the Division of Labor Standards Enforcement of the State of California. 	
(D) 	“Employ” means to engage, suffer, or permit to work. 	
(E)	 “Employee” means any person employed by an employer. 	
(F)	 “Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent 
or any other person, employs or exercises control over the wages, hours, or working conditions of any person. 	
(G)	 “Hours worked” means the time during which an employee is subject to the control of an employer, and includes all the 
time the employee is suffered or permitted to work, whether or not required to do so. 	
(H)	 “Manufacturing Industry” means any industry, business, or establishment operated for the purpose of preparing, produc- 
ing, making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, 
articles, or commodities, in whole or in part; EXCEPT when such activities are covered by Orders in the: Canning, Preserving, and 
Freezing Industry; Industries Handling Products After Harvest; Industries Preparing Agricultural Products for Market, on the Farm; 
or Motion Picture Industry. 	
(I) “Minor” means, for the purpose of this Order, any person under the age of 18 years. 	
(J) 	“Outside salesperson” means any person, 18 years of age or over, who customarily and regularly works more than half the 
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for 
products, services or use of facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time. 	
(L)	 “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time. 	
(M) 	“Split shift” means a work schedule, which is interrupted by non-paid non-working periods established by the employer, 
other than bona fide rest or meal periods. 	
(N)	 “Teaching” means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the Com- 
mission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(O)	 “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or as- 
certained by the standard of time, task, piece, commission basis, or other method of calculation. 	
(P)	 “Workday” and “day” means any consecutive 24-hour period beginning at the same time each calendar day. 	
(Q)	 “Workweek” and “week” means any seven (7) consecutive days, starting with the same calendar day each week. “Work- 
week” is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.	
 	
3. HOURS AND DAYS OF WORK 	
(A)	 Daily Overtime-General Provisions 
(1) 	The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 
years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject 
work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 in a workweek unless the 
employee receives one and one half ( 1	
1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the 
workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six 
(6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: 	
(a) 	One and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours  	
up to and including twelve (12) hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work 
in a workweek; and	
 	
(b)	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all

—	4 	 	
hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek. 	
(c) 	The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be 
computed by using the employee’s regular hourly salary as one fortieth (1/40) of the employee’s weekly salary. 	
(2) 	The provisions of this section are not applicable to employees whose hours of service: 
(a) 	The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13,  
Hours of Service of Drivers; or 	
(b)	 Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating 
hours of drivers. 	
(B)	 Alternative Workweeks 
(1)	 No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election 
procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per 
day within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday 
beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and 
one-half  (1
1/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess 
of eight  (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative 
workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted 
pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an 
employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by 
the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of 
overtime.  No hours paid at either one and one-half (1	
1/2) or double the regular rate  of  pay shall be included in determining when 
40 hours  have been worked for the purpose of computing overtime compensation. 	
(2) 	Any agreement adopted pursuant to this section shall provide not less than two (2) consecutive days  off within a 
workweek. 	
(3)	 If an employer, whose employees have adopted an alternative workweek agreement permitted by this order requires 
an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee  
overtime compensation at a rate of one and one-half (1	
1/2) times the employee’s regular rate of pay for all hours worked in excess of  
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee 
is required to work the reduced hours. 	
(4) 	An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification 
of an alternative workweek schedule. 	
(5)	 An employer shall explore any available reasonable alternative means of accommodating the religious belief or 
observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by 
subdivision (j) of Section 12940 of the Government Code. 	
(6)	 An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in 
order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable 
to work the alternative workweek schedule established as the result of that election. 	
(7) 	An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday 
to accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek 
schedule established by the election. 	
(8)	 Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect 
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election 
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the 
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek 
schedule of not more than ten (10) hours a day as of July 1, 2000, that alternative workweek schedule was based on an individual 
agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the employer 
approved, a written request on or before May 30, 2000 to continue the agreement, the employee may continue to work that  alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the agreement. The 
employee may revoke his or her voluntary authorization to continue such a schedule with 30 days written notice to the employer. 
New arrangements can only be entered into pursuant to the provisions of this section. 	
(C) 	Election Procedures 	
Election procedures for the adoption and repeal of alternative workweek schedules require the following: 	
(1)	 Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the 
employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of  work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be 
specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit,  or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes 
a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another. 	
(2) 	In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before 
the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held 
during regular working hours at the employees’ work site. For purposes of this subsection, “affected employees in the work unit”  may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate 
physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as  the criteria for an identifiable work unit in this subsection is met. Prior to the secret ballot vote, any employer who proposed to institute 
an alternative workweek schedule shall have made a disclosure in writing to the affected employees, including the effects of the 
proposed arrangement on the employees’ wages, hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, 
held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule. An

—	5 	 	
employer shall provide that disclosure in a non-English language, as well as in English, if at least five (5) percent of the affected 
employees primarily speak that non-English language. The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this paragraph shall make the election null and void. 	
(3) 	Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the affected 
employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an 
affected employee, and after an investigation by the Labor Commissioner, the Labor Commissioner may require the employer to 
select a neutral third party to conduct the election. 	
(4) 	Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected 
employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds 
(2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the 
alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the 
election shall be held not less than 12 months after the date that the same group of employees voted in an election held to adopt 
or repeal an alternative workweek schedule. The election shall take place during regular working hours at the employees’ work 
site. If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of undue 
hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance. 	
(5)	 Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section. 
The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research 
and Legislation within 30 days after the results are final, and the report of election results shall be a public document. The report 
shall include the final tally of the vote, the size of the unit, and the nature of the business of the employer. 	
(6) 	Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule may 
not be required to work those new work hours for at least 30 days after the announcement of the final results of the election. 	
(7) 	Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed 
alternative workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the 
alternative workweek election or for opposing or supporting its adoption or repeal. However, nothing in this section shall prohibit 
an employer from expressing his/her position concerning that alternative workweek to the affected employees. A violation of   this 
paragraph shall be subject to Labor Code Section 98 et seq. 	
(D)	 One and one-half (1	1/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except  
minors 16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an 
adult are subject to subsection (A) or (B) and (C) above. 	
(VIOLATIONS O F CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal 
penalties. Refer to California Labor Code sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the 
employment of minors and for descriptions of criminal and civil penalties for violation of the child labor laws.  Employers 
should ask school districts about any required work permits.) 
(E) 	An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during such 
workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6). 	
(F)	 The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to 
prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) 
or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) 
day’s rest in seven (7). 	
(G) 	If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be 
available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to 
consume such food or drink. 	
(H)	 Except as provided in subsections (D) and (F), this section shall not apply to any employee covered by a valid collective 
bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, 
and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those 
employees of not less than 30 percent more than the state minimum wage. 	
(I) 	Notwithstanding subsection (H) above, where the employer and a labor organization representing employees of the 
employer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the 
requirement regarding the equivalent of one (1) day’s rest in seven (7) (see section (F) above) shall apply,  unless  the agreement 
expressly provides otherwise. 	
(J)	 If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a 
personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work 
time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime  requirements, except for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee 
knows in advance that he or she will be requesting makeup time for a personal obligation that will recur at a fixed time over  a 
succession of weeks, the employee may request to make up work time for up to four (4) weeks in advance; provided, however, 
that the make up work must be performed in the same week that the work time was lost. An employee    shall provide a signed 
written request for each occasion that the employee makes a request to make up work time pursuant to this subsection. While an 
employer may inform an employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting 
an employee to request the employer’s approval to take personal time off and make up the work hours within the same workweek 
pursuant to this subsection. 	
4. MINIMUM WAGES 	
(A)	 Every employer shall pay to each employee wages not less than the following: 
(1)	 Any employer who employs 26 or more employees shall pay to each employee wages not less than the following: 
(a) 	Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020;

—	6 	 	
(b) 	Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021; and 	
(c) 	Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022. 	
(2)	 Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: 
(a) 	Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020; 	
(b)	 Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021; 	
(c)	 Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022; and 	
(d)	 Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2023. 	
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are 
treated as employees of that single taxpayer. LEARNERS: Employees during their first 160 hours of employment in occupations 
in which they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage 
rounded to the nearest nickel. 	
(B) 	Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable 
minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or 
otherwise. 	
(C)	 W hen an employee works a split shift, one hour’s pay at the minimum wage shall be paid in addition to the minimum wage 
for that workday, except when the employee resides at the place of employment. 	
(D)	 The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship 
Standards. 	
5. REPORTING TIME PAY 	
(A) 	Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than 
half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less 
than the minimum wage. 	
(B) 	If an employee is required to report for work a second time in any one workday and is furnished less than two hours of 
work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not 
be less than the minimum wage. 	
(C) 	The foregoing reporting time pay provisions are not applicable when: 
(1)	 Operations cannot commence or continue due to threats to employees or property; or when recommended by civil 
authorities; or 	
(2) 	Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or 	
(3) 	The interruption of work is caused by an Act of God or other cause not within the employer’s control. 	
(D)	 This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other 
than the employee’s scheduled reporting time. 	
6. LICENSES FOR DISABLED WORKERS 	
(A) 	A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical 
disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of 
employer and employee and employee’s representative if any. 	
(B) 	A special license may be is sued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing 
special minimum rates to enable the employment of such persons without requiring individual licenses of such employees. 	
(C)	 All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the 
Division. 	
(See California Labor Code, Sections 1191 and 1191.5) 	
7. RECORDS 	
(A)	 Every employer shall keep accurate information with respect to each employee including the following: 
(1) 	Full name, home address, occupation and social security number. 	
(2) 	Birth date, if under 18 years, and designation as a minor.  	
(3)	 Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total 
daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be 
recorded. 	
(4) 	Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the 
employee. 	
(5) 	Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to 
the employee upon reasonable request. 	
(6) 	When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be 
provided to employees. An accurate production record shall be maintained by the employer. 	
(B) 	Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable 
part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1) all 
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee’s 
social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may 
be aggregated and shown as one item. 	
(C) 	All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, 
day, and year and shall be kept on file by the employer for at least three (3) years at the place of employment or at a central 
location within the State of California. An employee’s records shall be available for in

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** This Document Provided By LaborPosters.org **
Source: http://www.laborposters.org/california/29-california-iwc-wage-order-1-poster.htm