California Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation Industry Poster

OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 10-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE	 
AMUSEMENT AN D 	
RECREATION INDUST RY 
Ef fec tive J anua ry 1 , 2002 a s 	
amended 
Sections 4(A) and 10(C)  amended and republished  by the Department of Industrial Relations, 
effective January 1, 2019, pursuant to  S	
B 	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 
IWC FORM 1110 (Rev. 11/2018) OSP 	
06 98768

? 1  •Please Post With This Side Showing	• 
OFFICIAL  NOTICE  	
Effective January 1, 2002  as amended	 
 Sections 
4(A) and 10(C)  amended  and republished  by the  Department  of Industrial 
Relations, effective January 1, 201 9, pursuant to SB 3,  Chapter 4,  Statutes of 2016  and
section 1182.13 of the Labor Code

INDUSTRIA L WELFARE COMMISSION 
ORD ER NO . 10-2001 
REGUL ATING 
WAG ES, HOUR S AND 	
WORKIN G CONDITION S IN THE 
AMUSEMEN T AND 
RECRE ATION 	INDUST RY 
T	
 AKE NOTICE:
 To employers  and representativ es of persons working  in industries and occupations  in the State of Califor nia: The 
Department  of Industrial Relations amends and republishes the minimu m 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 201 6,  amending  section  1182.12  of  the  Californi a 
Labor  Code ),  and purs	
uant to section  1182.13  of	  the  California  Labor  Code.    The  amendments  and  republishing m	ake no  other 
changes t o the IWC?s Orders. 
1. AP	
PLICABILITY  OF  ORDER
This order shall apply  to all  persons employ ed in the amusement and recreation industry whether  paid on  a time, piece r ate, com- 
mission,  or  other  basis,  except  that: 
(A) Provisions  of  Sections  3  through  12 of   this  order  shall  not  apply  to  persons  employ ed in  administrative,  executive,  or
professional  capacities. The  f ollowing  requirements  shall  apply  in  determining  whether  an  employ ee?s  duties	
  meet  the  test  to  qualify 
f or  an  exemption  from  those  sections:  (1) Executive  Exemption. A  person  employ
ed in an  executive  capacity  means  any  employ ee:(a) Whose  duties 
and  responsibilities  inv olve  the  management  of  the  enterprise  in  which  he/she  is  employ ed or of   a
customarily   recognized  department  or  subdivision	
  thereof; and 
(b) Who  customarily  and  regularly   directs  the  work of  two  or  more  other  employ ees  therein; and
(c) Who has  the  authority  to  hire  or  fire  other  employ ees or   whose  suggestions  and  recommendations  as to   the  hiring  or
fi ring  and  as  to  the  advancement  and  promotion  or  any  other  change  of status  of  other  employ ees  will  be gi ven  particular  weight;  and 
(d) Who  customarily   and  regularly ex ercises  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-ex empt work shall  be construed in the same manner  as such items are construed  in the f ollowing regulations  under the F air Labor 
Standards  Act  effective  as of   the  date  of  this  order:  29  C.F.R.  Sections  541.102,  541.104-111,  and  541.15-1 16.  Exempt  work  shall 
include, f or example, all work that  is directly  and closely related  to ex empt work  and work which  is proper ly vi ew ed  as a means f or car- 
rying  out  exempt  functions. The  work  actually  performed  by  the  employ ee during  the  course  of  the  workw eek  must,  first  and  foremost, 
be  examined  and  the  amount  of  time  the  employ ee  spends on  such  work,   together  with  the  employ er?s  realistic  expectations  and  the 
realistic  requirements  of  the  job,  shall  be  considered  in  determining  whether  the  employ ee  satisfies  this  requirement. 
(f) Such  an  employ ee  must  also  earn  a  monthly  salary  equivalent  to no   less  than  two  (2)  times  the  state  minim um  wage
f or   full-time  employment. Full-time  employment  is  defined  in Labor   Code  Section  515(c)  as 40   hours  per  week.  (2) Admini
strative  Exemption. A  person  employ ed in an  administrative  capacity  means  any  employ ee:(a) Whose  duties  and  responsibilities  inv
olve  either:
(i) The  performance  of office  or non-ma nual  work directly related  to management policies  or gener al business opera- 
tions  of  his/her  employ er or   his/her  employ er?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 ex ercises  discretion  and  independent  judgment;  and
(c) Who  regularly  and  directly  assists  a  proprietor,  or an  employ ee  employ ed in  a  bona  fide  executive  or  administrative
capacity  (as  such  terms are  defined  f or pu rposes  of  this section);  or 
(d) Who  performs   under  only  general  supervision  work  along  specializ ed or   technical  lines  requiring  special  training,
experienc e, or kn owledge;  or 
(e) Who  executes  under  only  gener al  supervision  special  assignments  and  tasks; and
(f) Who  is  primarily   engaged  in  duties  which  meet  the  test  of  the  exemption. The  activities  constituting  exempt  work  and
non-ex empt work shall  be construed in the same manner  as such  terms are construed  in the f ollowing regulations und er the F air Labor 
Standards Act  effective  as of  the date  of this order:  29 C.F.R. Sections 541.201-205, 541.207-208, 541.210,  and  541.215. Exempt work 
shall  include,  f or  example,  all  work  that  is  directly  and  closely  related  to ex empt  work  and  work  which  is  properly  vi ew ed as   a  means 
f or   carrying  out ex empt  functions. The  work  actually  performed  by  the  employ ee during   the  course  of  the  workw eek  must,  first  and 
foremost,  be  examined  and  the  amount  of  time  the  employ ee  spends  on such  work,   together  with  the  employ er?s  realistic  expectations 
and  the  realistic  requirements  of  the  job,  shall  be  considered  in  determining  whether  the  employ ee  satisfies  this  requirement. 
(g) Such  employ ee  must  also earn  a  monthly  salary  equivalent  to no  less than  two  (2)  times  the  state  minim um  wage  f or
full-time  employment. Full-time  employment  is  defined  in  Labor  Code  Section  515(c)  as 40	
  hours  per  week.  (3)
Pro fessional Exemption. A person employ ed in a professional capacity means any employ ee who meets all of the following requirements:

? 2  (a) Who 
is  licensed  or ce rtified  by  the  State  of  California  and  is  primarily   engaged  in  the  practice  of  one  of  the  following
recogniz ed  professions: law,  medicine,  dentistry,  optometry,  architecture,  engineering,   teaching, or  accounting;  or 
(b) Who  is primarily  engaged  in an  occupation commonly recogniz ed as  a lear ned or  artistic profession.   F or the
purposes  of  this  subsection,  ?OHDrned  or  artistic  prof HVVLRQ? means  an  employ ee  who  is  primarily   engaged  in  the  performance  of: 
(i) Work requiring  knowledge  of an  advanc ed type  in a field  or science  or learning customarily  acquired by a prolonged
course  of specializ ed intellectual instruction and study,  as distinguished from a gener al 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 recogniz ed field  of artistic  endeavor (as opposed  to work which
can  be produced by a person  endowed with gener al ma nual  or  intellectual ability and training), and the result  of which depends primarily  
on  the  invention,  imagination,  or  talent  of  the  employ ee 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 ex ercises  discretion  and  independent  judgment  in  the  performance  of  duties  set  for th
in   subpara graphs  (a)  and  (b). 
(d) Who  earns a monthly salary  equivalent  to no less than two (2) times the state minim um wage f or full-time employment.
Full-time  employment  is  defined  in  Labor  Code  Section  515  (c)  as 40 hours  per  week. 
(e) Subpara graph  (b)  above  is  intended  to be  construed  in  accordance  with  the  following  provisions  of  feder al  law  as
th ey  exist ed as of   the  date  of  this  w age  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  subpara graph,  pharmacists  employ ed to  engage  in  the  practice  of  pharmacy,
and register ed nurses employ ed to engage  in the practice  of nursing, shall  not be considered  exempt professional employ ees, nor shall 
th ey  be  considered  exempt  from  cover age  for   the  purposes  of  this  subpara graph  unless  they  individually  meet  the  criteria   established 
f or  ex emption  as ex ecutive  or  administrative  employ ees. 
(g) Subpara graph   (f) above  shall  not  apply  to  the  f ollowing  advanced  practice  nurses:
(i)  Ce rtified nurse midwiv es who are primarily  engaged in per forming duties f or 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 per forming  duties  f or  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 per forming  duties  f or  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  subpara graph  shall  exempt  the  occupations  set  for th in   clauses  (i),  (ii),  and  (iii)  from  meeting  the
requirements  of  subsection  1(A)(3)(a)-(d)  above. 
(h) Except,  as pr ovided  in  subpara graph  (i),  an  employ ee in  the  computer  software  field  who  is  paid  on an  hourly   basis
shall  be ex empt,  if all  of  the  following apply: 
(i) The  employ ee 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  determine
hardw are,  softw are,  or  system  functional  specifications. 
?
The  design,  development,  documentation,  analysis,  creation,  testing,  or  modification  of  computer  systems  or  pro- 
gr am s,  including  prototypes,  based  on and   related  to  user  or  system  design  specifications. 
?
The  documentation,  testing,  creation,  or  modification  of  computer  pro grams  related  to  the  design  of  software  or 
hardware  f or  computer  operating  systems. 
(iii) The  employ ee is  highly  skilled  and is   proficient  in  the  theoretical  and  practical  application  of  highly  specializ ed
in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering.   A job  title  shall  not  be  determinative  of  the 
applicability  of  this  exemption. 
(iv) The  employ ee?s  hourly   rate of pay  is not   less  than  for ty-one  dollars  ($41.00). The  Division  of  Labor  Statistics  and
Research shall adjust this pay rate  on October 1 of each y ear to  be  effective  on January 1  of the  following y ear by  an amount equal  to 
the  percentage  increase  in  the  Califor nia  Consumer  Price  Index  f or  Urban W age Ea rners  and  Clerical Work ers.*  
(i) The  exemption  provided  in subpara graph  (h)  does  not  apply  to an employ ee if any  of  the  f ollowing apply:
(i) The employ ee is a trainee  or employ ee in an entry-lev el position who  is lea rning  to become proficient  in the theoreti- 
cal  and   practical  application  of  highly  speci alized  in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering. 
(ii) The  employ ee is in   a  computer-related  occupation  b ut  has  not  attained  the  lev el of   skill  and  expertise  necessary
to   work  independently  and  without  close  supervision. 
(iii)  The employ ee is engaged  in the  operation  of computers  or in  the  manufacture, repair,  or maintenance  of computer
hardware  and  related  equipment. 
(iv) The  employ ee is an   engineer,  drafter,  machinist,  or  other  professional  whose  work  is  highly  dependent  upon  or
facilitated  by  the  use  of  computers  and  computer  software  pro grams  and  who  is  skilled  in  computer-aided  design  softw are,  including 
CAD/CAM,  b ut  who  is  not  in  a  computer  systems  analysis  or  pro gramming  occupation.  * Pursuant 
to  Labor  Code  section  515.5,  subdivision  (a)(4),  the  Office of Policy, Research and Legislation,  Department  of  Industr ial
Relations,  has  adjusted  the  minim um  hourly   rate of  pay  specified  in  this  subdivision  to be  $49.77,  effective  Jan uary  1,  2007.  This
hourly   rate of  pay  is  adjusted  on  October  1  of  each  y ear to  be  effective  on  January 1, of   the  f ollowing  y ear, and  may  be  obtained  at
www.dir.ca.gov/IWC  or  by  mail  from  the  Department  of  Industrial   Relations.

? 3  (v) The  employ
ee 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  f or  print  or   for  on  screen  media  or 
who  writes  or pr ovides  content  material   intended to be   read  by  customers,  subscriber s, or  visitors  to  computer-related  media  such  as 
the Wor ld Wide W eb or  CD-R OMs. 
(vi) The employ ee is engaged  in any  of the activities set for th in  subpara graph (h) f or the  purpose  of creating imagery
f or  ef fects  used  in  the  motion  picture,  television,  or  theatrical  industry. 
(B) The  provisions  of  this  order  shall  apply  to  all  employ ees  employ ed  by  any  employ er  operating  a  business  at  a  horse  racing
facility,  including  stab le  employ ees.  Stab le  employ ees  include  b ut  are  not  limited  to  grooms,  hot  w alkers,  exercise  work ers,  and  any 
other  employ ees  engaged  in  the  raising,  feeding,  or  management  of  racehorses,  employ ed  by  a  trainer at  a  racetrack  or  other  non- 
farm  training  facility.  (C) Except  as pr ovided  in  Sections  1, 2,  4,   10,  and  20,  the  provisions  of  this  order  shall  not  apply to   any  employ ees  directly
em ploy ed   by  the  State  or any  political  subdivision thereof,  including any  city,  county,  or  special  district. 
(D) The  provisions  of  this  order  shall  not  apply  to  outside  salespersons.
(E) The  provisions  of  this  order  shall  not apply  to   any  individual  who  is  the  parent,  spouse,  child,  or  legally  adopted  child of  the
employer.  (F) Except  as pr ovided  in  Sections  1, 2,  4,   10,  and 20,   the  provisions  of  this  order  shall  not  apply  to  full-time  carni val  ride   opera- 
tors  employ ed  by  traveling ca rni val s. 
(G) The  provisions  of  this  order  shall  not  apply  to  any  individual  participating  in  a  national  service  pro gram,  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 
Labor   Code  Section  1171.) 
(H) The  provisions  of this section are  not applicab le to  any  crew member employ ed on a commercial passenger fishing  boat licensed
pursuant  to  Article 5  (commencing  with Section 7920)  of  Chapter 1  of Part 3  of  Division 6  of  the Fish  and Game  Code. 
(I) Except  as pr ovided  in  Sections  1, 2,  4,  10,  and  20,   the  provisions  of  this  order shall  not  apply  to professional actors. 2.
DEFINITIONS
(A) ?$musement  and  Recreation  Industr \? means  any  industry,  business,  or  establishment  operated  f or  the  purpose  of fu rnishing
entertainment  or recreation  to the  public, including b ut not  limited  to theaters, dance halls, bowling  alleys, billiard  parlors, skating rinks, 
riding   academies,  racetracks,  amusement  parks,  athletic  fields,  swimming  pools,  gymnasiums,  golf  courses,  tennis  courts,  carni val s, 
and  wired  music  studios. 
(B)An ?DOWH rnative  workw eek VFKHGXOH?  means  any  regularly   scheduled  workweek  requiring  an  employ ee to  work  more than  eight
(8) hours  in  a  24-hour  period.
(C) ?&RPPLVVLRQ?  means  the  Industrial  Welfare  Commission  of  the  State  of  California.
(D) ?'LYLVLRQ?  means  the  Division  of  Labor  Standards  Enforcement  of  the  State  of  California.
(E) ?(PSO o\?  means  to  engage,  suffer,  or pe rmit  to  work.
(F) ?(PSO oyHH?  means  any  person  employ ed  by an  employer.
(G) ?(PSO oyHU?   means  any  person  as  defined  in  Section  18 of   the  Labor  Code,  who  directly  or  indirectly,  or  through  an  agent  or
any  other  person,  emplo ys or  ex ercises  control  ov er  the  wages,  hours,  or  working  conditions  of  any  person. 
(H) ?+RXUV   workHG?  means  the  time  during  which an  employ ee is   subject  to  the  control  of an   employer,  and  includes  all  the  time
the  employ ee is  suffered  or pe rmitted  to  work,   whether  or not  required  to do so. 
(I) ?0LQRU?  means,  f or  the  purpose  of  this order,  any  person  under  the  age  of 18  y ears.
(J) ?2XWVLGH  VDOHVSHUVRQ?   means  any  person,  18  years of age  or   over,  who  customarily  and   regularly   works  more  than  half  the
w
orking  time  away  from  the  employ er?s  place  of  business  selling  tangib le or   intangib le  items  or  obtaining  orders  or  contracts  f or 
products,  services  or use  of  facilities. 
(K) ?3rimarLO\?  as   used  in  Section  1,  Applicability,  means  more  than  one-half  the  employ ee?s  work  time.
(L) ?6KLIW?  means  designated  hours  of  work  by  an  employee,  with  a  designated  beginning  time  and quitting  time.
(M) ?6SOLW  VKLIW?  means  a  work  schedule,  which  is  interrupted  by  non-paid  non-working  periods  established  by  the  employer,  other
than bona  fide  rest  or meal  pe	
riods. 
(N) ?THDFKLQJ?   means,  f or  the  purpose  of  Section  1  of  this  order,  the  prof ession  of  teaching  under  a  certificate  from  the
Commission  for Teacher  Preparation  and  Licensing  or  teaching  in an  accredited  college  or uni versity. 
(O)  ?W DJHV?  includes all amounts f or labor  performed by employees  of every description, whether the amount  is fi xed  or ascertained
by  the  standard  of  time,  task,  piece, commission  basis,  or  other  method  of calculation. 
(P) ?Workd a\?  and  ?Ga\?  mean  any  consecutive  24-hour period  beginning  at  the  same  time  each  calendar  day.
(Q) ?Workw HHN? and  ?wHHN?   mean  any  sev en  (7)  consecu tive  days,  starting  with  the  same  calendar  day  each  week.  ?Workw HHN?
is   a  fixed  and   regularly   recurring  period of 168   hours,  sev en  (7)  consecutive  24-hour periods.  3.
HOURS AND DAYS OF WORK
(A) Daily  Overtime  -  Gener al Pr ovisions
(1) The  f ollowing  overtime  provisions  are  applicab le to   employ ees 18  years  of age  or  ov er  and  to  employ ees 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 
employ ees  shall  not  be  employ ed  more  t han  eight  (8)  hours  in  any  workd ay or  more  than  40  hours in  any  workw eek  unless  the 
employ ee  receiv es one  and  one-half  (11
/2
)  times  such  employ ee?s  regular  rate  of  pay  f or all   hours  work ed  over 40  hours  in  the 
workweek. Eight  (8)  hours  of  labor  constitutes  a  day ?s  work.  Employment  b eyond  eight  (8)  hours  in  any  workd ay or  more  than  six  (6) 
da ys in   any workw eek is  permissib le pr ovided  the  employ ee is  compensated  f or  such  overtime  at not   less  than: 
(a) One  and  one-half  (1 1
/2
)times  the  employ ee?s  regular  rate  of  pay  f or all   hours  work ed in  excess  of  eight  (8)  hours  up
to  and  including  12  hours in  any  workd ay, and  f or  the  first  eight  (8)  hours  work ed on  the  seventh  (7th
)  consecutive  day  of  work  in  a 
workweek;  and 
(b) Doub le the employ ee?s regular rate  of pay f or all  hour s work ed in excess  of 12  hours  in any  workd ay and for all  hours

? 4  work
ed 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  nonex empt  full-time salaried  employee shall be computed
by  using  the  employ ee?s  regular  hourly  salary  as  one-fortieth  (1/40)  of  the  employ ee?s  weekly  salary. 
(B) Alternative  Workw eek  Schedules
(1) No  employ er  shall  be  deemed  to  have  violated  the  daily  overtime  provisions  by  instituting,  pursuant  to  the  election
procedures  set  for th in   this  w age  order,  a  regularly   scheduled  alternative  workw eek  schedule  of not   more  than  ten  (10)  hours  per  day 
within  a  40  hour  workw eek  without  the  payment  of an  overtime  rate  of  compensation. All  work  performed  in  any  workd ay  beyond  the 
schedule established  by  the  agreement  up to 12  hours  a  day  or  b ey ond  40  hours  per  w eek  shall  be  paid  at one  and  one-half  (11
/2
) 
times  the employ ee?s  regular  rate  of  pay. All  work  performed  in  excess  of 12  hours  per  day  and  any  work in  e xc ess  of  eight  (8)  hours 
on  those  da ys  work ed  beyond  the  regularly   scheduled  number  of  workd ays   established  by  the  alternative  workweek  agreement 
shall  be  paid  at doub le  the  employ ee?s  regular  rate  of  pay.  Any  alternative  workw eek  agreement  adopted  pursuant  to  this  section 
shall  provide  f or not  less  than  f our  (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  f or  another  day  of  the  same  length  in  the  shift  provided  by  the  alternative  workw eek 
agreement  on an  occasional  basis  to  meet  the  personal  needs  of  the  employ ee  without  the  payment  of  overtime.  No  hours  paid  at 
either  one  and one-half (1 1
/2
)  or  doub le  the  regular  rate  of  pay  shall  be  included  in  determining  when  40  hours  have  been  work ed  for 
the  purpose  of computing overtime  compensation. 
(2) If an  employ er  whose  employ ees  have  adopted  an  alternative  workw eek  agreement  permitted  by  this  order  requires  an
employ ee to  work few er hours than those that are regularly  scheduled by the agreement, the employ er shall pay the employ ee overtime 
compensation  at  a  rate  of  one  and one-half  (1 1
/2
)  times  the  employ ee?s  regular  rate  of  pay  f or all   hours  work ed in  excess  of  eight  (8) 
hour s,  and  double  the  employ ee?s  regular  rate  of  pay  f or all   hours  work ed in   excess  of 12   hours  f or  the  day  the  employ ee is  required 
to   work  the  reduced  hours. 
(3)An employ er shall  not reduce  an employ ee?s regular rate  of hourly  pay as a result  of the adoption, repeal  or nullification  of
an  alternative  workw eek  schedule. 
(4)  An employ er shall explore any av ailable  reasonab le alternative means  of accommodating the religious belief  or observance
of  an  affected  employ ee  that  conflicts  with  an  adopted  alternative  workw eek  schedule,  in  the  manner  provided  by  subdivision  (j)  of 
Section  12940  of  the  Government  Code. 
(5) An employ er shall  make a reasonab le ef fort  to find a work schedule  not to  exceed eight (8) hours  in a workd ay, in order  to
accommodate  any  affected  employ ee  who  was eligi ble  to   vote  in an  election  authoriz ed  by  this  section  and  who  is  unab le to   work  the 
alternative  workw eek  schedule  established  as  the  result  of  that  election. 
(6) An employ er shall  be permitted, b ut not  required,  to pr ovide a work schedule not  to exceed  eight (8) hours  in a workd ay to
accommodate  any  employ ee  who is  hired  after  the  date  of  the  election  and  who  is unab le to   work  the  alternative  workw eek  schedule 
established  by  the  election.  (7) Arrangements adopted  in a secret ballot election held pursuant  to this order prior  to  1998,  or under the rules  in ef fect prior  to
1998,  and  be fore the  performance  of the work,  shall remain v alid after July  1, 2000  provided that the results  of the election are reported 
by  the  employ er to   the  Office  of  Policy,  Research  and  Legislation  by  Jan uary 1,  2001,  in  accordance  with  the  requirements  of 
subsection  (C)  below  (Election  Procedures).  If an  employ ee  w as  voluntarily   working an  alternative  workw eek  schedule  of not   more 
than  ten  (10)  hours  a  day  as of   J uly  1,   1999,  that  alternative  workw eek  schedule  w as  based  on an   individual  agreement  made  after 
Jan uary  1, 1998  betw een  the  employ ee and  employer,  and  the  employ ee  submitted, and  the  employ er appr oved,   a  written  request 
on  or be fore  May  30, 2000  to   contin ue  the  agreement,  the  employ ee  may  contin ue to  work  that  alternative  workw eek  schedule 
without  payment  of an   overtime  rate  of  compensation  f or  the  hours  provided  in  the  agreement.  The  employ ee  may  revoke  his/her 
voluntary  authorization  to  contin ue  such  a  schedule  with  30  da ys  written  notice  to  the  employer.  New  arrangements  c an only  be 
entered  into  pursuant  to  the  provisions  of  this  section. 
(C) Election  Procedures
Election  procedures  f or  the  adoption  and  repeal of  alternative  workw eek  schedules  require  the  following:
(1) Each proposal f or an alternative workw eek 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  da ys 
and  work  hours  are  regularly   recurring. The  actual  days  work ed  within  that  alternative  workw eek  schedule  need  not  be  specified. The 
employ er  may  propose  a  single  work  schedule  that  w ould  become  the  standard  schedule  f or  workers  in  the  work  unit,  or  a  me nu  of 
work  schedule  options,  from  which  each  employ ee in  the  unit  w ould be  entitled  to  choose.  If  the  employ er  proposes  a  menu  of  work 
schedule  options,  the  employ ee  may,  with  the  approval of   the  employer,  move  from  one menu  option  to  another. 
(2) In  order  to be  valid,  the  proposed  alternative  workw eek  schedule  must  be  adopted in  a  secret  ballot  election,  before  the
per formance  of  work,   by at  least  a  two-thirds  (2/3)  vote  of  the  affected  employ ees in   the  work  unit. The  election  shall  be  held  during 
regular  working  hours  at  the  employ HHV? work  site. F or pu rposes  of  this  subsection,  ?DIfected  employ ees in   the  work  XQLW? may  include 
all   employ ees in   a  readily  identifiab le  work  unit,  such  as  a  division,  a  department,  a  job  classification,  a  shift,  a  separate  physical 
loc ation,  or  a  recogniz ed  subdivision  of  any  such  work  unit. A  work  unit  may  consist  of an   individual  employ ee as  long  as  the  criteria  
f or  an identifiab le  work  unit  in  this  subsection  are  met. 
(3) Prior  to   the  secret  ballot  v ote,  any  employ er  who  proposed  to  institute  an  alternative  workw eek  schedule  shall  have  made
a  disclosure  in  writing  to  the  affected  employ ees,  including  the  effects  of  the  proposed  arrangement  on  the  employ HHV? wages,  hours, 
and  benefits. Such  a  disclosure  shall  include  meeting(s),  duly  noticed,  held at   least  14  da ys  prior  to   voting,  f or  the  specific  purpose of 
discussing  the  effects  of  the  alternative  workw eek  schedule.  An  employ er  shall  provide  that  disclosure  in  a  non-English  language,  as 
w ell  as  in   English,  if at   least  five  (5)  percent  of  the  affected  employ ees  primarily   speak  that  non-English  language. The  employer  shall 
mail  the  written  disclosure  to  employ ees  who  do not   attend  the  meeting. Failure  to  comply  with  this  paragraph  shall  make  the  election 
n ull   and  v oid. 
(4) Any election  to establish  or repeal  an alternative workw eek schedule shall  be held at the work site  of the  affected employ ees.
The employ er 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  employ er to  select  a  neutr al  third  party  
to   conduct  the  election.

?5
  2  (5) Any  type 
of  alternative  workw eek  schedule  that  is  authoriz ed  by  the  Labor  Code  may  be  repealed  by  the affected
empl oyee s.  Upon  a  petition  of one-third  (1/3)  of  the  affected  employ ees,  a  new  secret  ballot  election  shall  be  held  and  a  two-thirds 
(2/3)  vote  of  the  affected  employ ees  shall  be  required  to  reverse  the  alternative  workw eek  schedule.  The  election  to  repeal  the 
alternative  workw eek  schedule  shall  be  held  not  more  than  30  days  aft er  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  employ ees  voted  in an  election  held  to  adopt  or 
repeal  an  alter- native  workw eek  schedule. The  election  shall  take  place  during  regular  working  hours  at 	
the  employ HHV?  work  site. 
If  the  alternative  workw eek  schedule  is  revoked,  the  employ er  shall  comply  within  60  days.  Upon  proper  showing  of  undue 
hardship,  the  Division  of Labor  Standards  Enforcement  may  grant  an   extension  of  time  f or  compliance. 
(6) Only  secret  ballots  may  be  cast  by  affected  employ ees 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  employ er to   the  Office  of  Policy,  Research  and 
Legislation  within  30  da ys  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 v ote, the  size  of the unit,  and the nature  of the business  of the employer. 
(7) Employ ees af fected  by  a  change  in  the  work  hours  resulting  from  the  adoption  of an  alternative  workw eek  schedule  may
not  be   required  to  work  those new  work  hours f or at  least  30  da ys  after the  announcement  of the  final results  of the election. 
(8) Employers  shall  not  intimidate  or  coerce  employ ees to   vote  either  in  support  of or  in   opposition  to  a  proposed  alternative
workweek.  No  employ ees  shall  be  discharged  or  discriminated  against  f or  expressing  opinions  concerning  the  alternative  workw eek 
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  workw eek to   the  affected  employ ees. 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  ov er 40  hours  in  any  workw eek  except
minors  16 or  17 years  old who are  not required by law  to attend school  and may therefo re be employ ed for the same hours  as an  adult 
are subject  to subsection  (A) or  (B)   and  (C)  above. 
(VIOLATIONS  OF  CHILD  LAB OR  LA WS are  subject  to  civil  penalties  of  from  $500  to  $10,000  as  well as  to   criminal  penal- 
ties.  Refer  to   California  Labor  Code  Sections  1285  to  1312  and  1390  to 1399  f or  additional  restrictions  on  the  employment 
of   minors  and  f or  descriptions  of  criminal  and  civil  penalties  f or  violation  of  the  child  labor  laws. Employers  should  ask  school 
districts  about  any  required  work  permits .) 
(E) An  employ ee  may be  employ ed on  sev en  (7)  workd ays  in  one   workw eek  when  the  total  hours  of  employment  during  such
workw eek do  not  exceed  30 and  the  total  hours  of employment  in  any  one  workd ay  thereof  do not   exceed  six  (6). 
(F) If  a  meal  period  occurs  on  a  shift  beginning  or  ending  at or  betw een  the  hours  of 10  p.m.  and  6  a.m.,  facilities  shall  be	
  avail- 
ab le  for   securing  hot   food  and  drink  or   for   heating  f ood or   drink,  and  a  suitab le  sheltered  place  shall  be pr ovided  in  which  to  consume 
such  f ood or  drink. 
(G) The  provisions  of  this  section  shall  not  apply  to  employ ees  whose  duties  are  exclusiv ely  those  of  a  motion  picture  projection
ist.  (H) The 
provisions  of Labor   Code  Sections  551  and  552  regarding  one  (1)  day ?s  rest  in  sev en  (7)  shall  not  be  construed  to  pre- 
v ent  an   accumulation  of  da ys of   rest  when  the  nature  of  the  employment  reasonab ly  requires  the  employ ee to  work  sev en  (7) or  more 
consecutive  days;  provided,  however,  that  in  each  calendar  month,  the  employ ee  shall  receive  the  equivalent of  one  (1)	
  day ?s  rest  in 
sev en  (7). 
(I) Except  as pr ovided  in  subsections  (D)  and  (H),  this  section  shall  not  apply to   any  employ ee  covered  by  a  valid  collective  bar- 
gaining  agreement  if  the  agreement  expressly  provides  f or  the  w ages,  hours  of  work,  and   working  conditions  of  the  employ ees,  and if 
the agreement  provides premium w age  rates for  all overtime  hours work ed and a  regular hourly   rate of pay f or  those employ ees of  not 
less  than  30  percent more  than  the state minim um  wage. 
(J) Notwithstanding  subsection  (I)  above,  where  the  employ er and  a  labor  organization  representing  employ ees of   the  employ er
have  entered  into  a  v alid  collective  bargaining  agreement  pertaining  to  the  hours  of  work  of  the  employ ees,  the  requirement 
regarding  the  equivalent  of  one  (1)  day ?s  rest  in  sev en  (7)  (see  subsection  (H)  above)  shall  apply,  unless  the  agreement  expressly 
pr ovides otherwise. 
(K) No  employ er  who  operates a  ski  establishment  shall  be in  violation  of  this  order  by  instituting  a  regularly   scheduled  workweek
of  not   more  than  48  hours  du	
ring  any  mon th of   the  y ear  when  Alpine  or  Nordic  skiing  activities,  including  snowmaking  and  grooming 
activities,  are  actually  being  conducted  by  the  ski  establishment;  provided,  however,  that  any  employ ee  shall  be  compensated  at  a 
rate  of not   less  than  one  and one-half (1 1
/  )  times  the  employ ee?s  regular  rate  of  pay  f or  any  hours  work ed in   excess  of ten  (10)  hours 
work  in  a  day  or 48  hours  in a  workweek. F or purposes  of this  section,  ?VNL  estab OLVKPHQW?  means an  integrated,  geographically  limited 
recreational  industry  which  is  comprised  of  basic  skiing  facilities,  together  with  all  operations  and  facilities  related  thereto. 
(L) The  provisions  of  this  section are  not  applicab le to   employ ees  whose  hours  of se rvice  are  regulated  b y:
(1) The  United  States  Department  of Transportat ion  Code  of  Feder al  Regulations, Title  49,  Sections  395.1  to  395.13,  Hours
of  Se rvice  of  Drivers;  or 
(2) Title  13 of   the  California  Code  of  Regulations,  subchapter  6.5,  Section  1200  and  the  following  sections,  regulating  hours
of   driv ers. 
(M) If an employ er appr oves  a written request  of an  employ ee to ma ke up work time that  is or  w ould  be  lost  as a result  of a personal
obligation  of  the  employee,  the  hours  of  that  makeup  work  time,  if per formed  in  the  same  workw eek in   which  the  work  time  w as  lost, 
may  not be   counted  t oward  computing  the  total  number  of  hours  work ed in   a  day  f or pu rposes  of  the  overtime  requirements,  except 
f or  hours  in excess  of 11   hours  of work  in one   (1) day  or 40  hours  of work  in one  (1)  workweek.  If an  employ ee knows  in  advance that 
he/she will  be requesting  makeup time f or a personal obligation that will recur  at a  fixed time ov er a succession  of w eek s, the employ ee 
may  request  to ma ke up  work  time  f or up  to   four   (4)  weeks  in advance;  provided,  however,  that  the  makeup  work  must  be performed 
in  the same w eek that the work time w as lost.  An employ ee shall  provide a signed written request f or each occasion that the employ ee 
ma kes   a  request  to ma ke  up  work  time  pursuant  to  this  subsection. While  an  employer  may  inform  an  employ ee of  this  makeup  time 
option,  the  employ er is   prohibited  from  encouraging  or  otherwise  soliciting  an  employee to  request  the  employ er?s  approv al to  ta ke 
personal  time  off  and  make up  the  work  hours  within  the  same  workw eek  pursuant  to  this  subsection. 
(N) The  provisions  of this  section are  not applicab le to  any  crew member employ ed on a commercial passenger fishing boat licensed pursuant 
to  Article 5  (commencing  with Section 7920)  of  Chapter 1  of Part 3  of  Division 6  of  the Fish  and Game  Code.

? 6  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) Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked, effective  January 1, 2017; 
(b) Eleven  dollars ($11.00)  per hour  for all hours  worked,  effective  January 1, 2018;
(c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2019; and
(d) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020 .
(2) Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following:
(a) Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017; 
(b) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018 ;
(c) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and
(d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020.  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 pr	
evious similar  or related experi ence,  may be paid  not  less  than  85 percent of the minimu m wa ge	
  rounded to the nearest 
nickel.  (B)Every  employe r shall 	

pay to each  employee,  on	
 the  established  pay day  for the  period  invo lved,  not	  less  than  the
applicabl e minimu m wage  for	
  all  hours  worke d in	  the  payroll  period, 	 whether  the remuneration  is measured  by  time, 	 piece,	 
commission,  or otherwise. 
(C) When  an employe e	
 works	 a split  shift,  one (1) hour?s  pay  at the 	 minimum wage	 shall  be paid  in addition  to the minimu m	 wage
fo r	
 that  work d	ay,  except  when  the  employe e 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.	
 
(E) If the  employe e	
 is  a crew  member  employe d	  on  a  commercial  passenger  fishing  boat	  licensed  pursuant  to Article  5
(commencing  with  Section  7920)  of Chapter  1  of Part  3  of Division  6  of the  Fish  and Game  Code,  the  minimu m wage 	
 obligation of 
this section may, a t the employer?	
 s option, be satisfied by paying employe es according to	  the following formula: (1)
A ?RQH -half  day  trLS? shall  be c	omprised  of a  maximum of six  (6)  hours  of work  compensated  at a  rate of 	no less  than  six
(6) times  the  hour	ly   minim um  wage.
(2) A  ?WK	
UHH -quarter day tr
LS? shall  be comprised  of a maxim um of  ten (10) hours  of work compensated  at a rate  of no  less than
ten  (10)  times  the  hourly   minimum  wag
e. 
(3 )
A  ?IXOO -day  tr LS?
 
shall  be 	

comprised of  a maxim um of  12  hours  of  work  compensat ed at  a  rate  of no   less  than  12  times  the
hourly   minim um  wag	
 e. 
(4) An ?overnight tr	
LS?  shall  be comprised  of a maxim um of  12  hours work ed within a period of no  less than  24 hours
compensated  at a rate  of no less  than  12 times the hourly  minimum  wag e. 
Nothing  in  this  subsection  reliev es  the  employ er of   the  obligation  to  pay  employ ees no  less  than  the  minim um  wage 	
 for  all   hours 
wo	
rk ed.   5.
REPORTING TIME  PAY
(A) Each  workd ay an  employ ee is  required  to  re	
 port  for  work  and  does  repor t,  but is  not   put  to  w	 ork or is  fu rnish ed  less  than  half
sai	
d  employ ee?s  usual  or  scheduled  day ?s	   work,  the  employ ee  shall be  paid  f or  half  the  usual  or  s	 cheduled  day?s  wor	k,   b ut in  no  ev ent 
f or  less than two (2) hours  nor more than f our (4) hours,  at the employ ee?s regular rate  of pay, which shall not  be less than the minim um 
w age. 
(B) If an	

 employee is required  to re	
 port for work a second time  in any  one workd ay and  is fu r	 nished less than two (2) hours  of work
on  the  second  reporting,  said  employ ee  shall  be  paid  f or  two  (2)  hours  at  th	
 e  employee?s  regular  rate  of  pay,  which  shall  not be   less 
than  the  minim um  wage. 
(C) T	

he  foregoing  reporting  time  pay  provisions  are  not  applicab le  when:
(1) Operations cannot commence  or contin ue due  to threats  to employ ees or  property;  or when recommended by civil authori- 
ties; or  (2)
Public  utilities  fail  to  supply electricity, water,  or ga s, or  there  is a  failure  in the  public utilities,  or sew er system;  or
(3) The interruption  of  work  is  caused  by  an  Act of  God  or  other  cause  not  within the  employ er?s control.
(D) This section shall  not apply  to  an  employ ee on paid standby status who  is called  to per form assigned work  at a time other than
the  employ ee?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  minim um  wag e. Such  licenses  shall  be granted  only  upon  joint  application  of  employ er 
and  employ ee  and  employ ee?s	
   representative if  any. 
(B) A special license may  be issued to a nonprofit organization such  as a sheltered workshop  or rehabilitation facility fixing special
minim um  rates  to  enab le  the  employment  of  such  persons  without  requiring   individual  licenses of  such  employ ees. 
(C) All such  licenses  and special  licenses shall  be  renew ed on a  y ear	
ly  basis  or more  frequently  at  the discretion  of  the  Division.
(See  Califor nia  Labor  Code,  Sections  1191  and  1191.5)7.
RECORDS
(A) Every  employ er  shall  keep  accurate  information  with  respect  to  each  employ ee  including  the  f ollowi ng:
(1) Full  name,  home  address,  occupation  and  social  security  number.
(2) Birth  dat e, if under  18  year s, and  designation  as  a minor.
(3) Time  records  showing  when  the  employ ee  begins  and  ends  each  work  period. Meal peri	
 ods,  split  shift  intervals  and  to	 tald	
aily hours  work
e	d shall  also be recorded.  Meal  p	eriods d	uri ng which  operations  cease  a	nd authorize	d rest p	eriods  need  not  be re- 
corded.  (4)Total 	
wa ges paid each  payroll  period,  including 	 value of board,  lodging,  or other  compensation  actually  furnished to	  the
employee.

? 7  (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 employe r shall semimonthly  or at the time of each payment  of wages furnish each employee, either  as a detachabl e
pa
rt of the check, draft,  or voucher paying the employe es wage	
 s, or separately,  an itemized statement  in writing showing: (1) all 
deductions; 
(2 )	

the  inclusive  dates  of  the  period   for	
   which  the  employ ee is  paid;  (3)  the  name  of  the  employ ee or  the  employ ees  social  security
number; and  (4)  the  name  of  the  employer,  provided  all  deductions  made  on  written  orders of  th	
 e  employee  may be ag	 gregated and
sh own  as   o	
ne  item.
(C) All  required  records  shall  be in  the  English  language  and  in ink  or   other  indelib le  for m,  proper ly  dated,  showing  month,  day
and y ear, and shall  be kept on file by the employ er for  at  least three years  at the place  of employment  or at  a centr al location within the 
State  of  California.  An  employ ee?s  records  shall  be  available  for   inspection  by  the  employ ee  upon reasonab le  request. 
(D) Cloc ks  shall  be pr ovided  in all   major  work  areas  or  within  reasonab le  distance  thereto  insof ar as   practicable.
(E) If  the  employ ee is 	
 a crew  member  employ ed on  a  commercial  passenger  fishing  boat 	 licensed  pursuant to  Article  5
(commencing  with  Section  7920)  of  Chapter  1  of  Part  3  of Division  6  of  the  Fish  and  Game  Code,  the  provisions  of  Sections  3,  Hours 
and  Da ys of  Wor k,  and  5,  Reporting Time  Pay  may,  at  the  employ er?s  option,  be  satisfied  by  expressing  the  hours  work ed in te rms  of 
the  formu la  established  pursuant  to  Section  4(E).  Hours  work ed in  excess  of  the  form ula in   Section  4(E)  shall  be  recorded on 	
 the 
employ ee?s  pay record  as  additional  hours  work ed.  8.
CASH SHORTA GE  AND BREAKA GE
No   employ er  shall  make  any  deduction  from  the  w age or  require  any  reimbursement  from  an  employee  for  any  cash  shortage,
b	

reakage,  or  loss  of  equipment,  unless  it  can  be shown   that  the shortage,  breakage,  or  loss  is  caused  by  a  dishonest  or  willful  act,  or 
by  the  gross  negligence  of  the  employee.  9.
UNIFORMS  AND  EQU IPMENT
(A) When unifor ms are required by the employ er to  be worn by the employ ee as a condition  of employment, such unifor ms shall  be
pr ovided  and  maintained  by  the  employer. The  term  ?XQL forP?  includes  w earing  apparel  and  accessories  of 	
 distinctive  design or  color. 
NOTE:  This  section  shall  not  apply to   protective  apparel  regulated  by  the  Occupational  Safety  and  Health  Standards  Board. 
(B) When tools  or equipment are required by the employ er or  are necessary  to the  performance  of a  job, such tools  and equipment
sh	

a ll be  pr ovided and maintained by the employer, except that  an employ ee whose wages are  at l	
 east two (2) times the minim um wage 
pr ovided  herein  may  be  required to pr ovide  and  maintain  hand  tools  and  equipment  customar	
ily  required  by  the  trade  or  craft. This 
subsection  (B)  shall  not  apply  to  apprentices  regular	
ly  indentured  under  the  State  Division  of  Apprenticeship  Standards. 
NOTE:  This  section  shall  not apply  to   protective  equipment  and safety  devices  on tools  regulated  by  the  Occupational  Safety  and 
Health  Standards  Board. 
(C) A  reasonab le  deposit  may  be  required  as  security  f or  the  return  of  the  items  furnished  by  the  employ er  under  provisions  of
subsections  (A)  and  (B) of   this  section  upon  issuance  of  a  receipt  to  the  employ ee  for  such  deposit.  Such  deposits  shall  be  made 
pursuant  to  Section  400  and  f ollo	
 wing of  the  Labor   Code  or an  employ er  with  the  pr	ior   written  authorization  of  the  employ ee  may 
deduct  from  the  employ ee?s  last  check  the  cost  of an   item  furnished  pursuant  to (A)  and  (B) above  in  the  ev ent 	
 said  item is not  
returned. No deduction  shall  be  made  at  any  time  f or normal  w ear and  tear. All  items  furnished  by  the  employ er  shall  be  returned  by 
the  employ ee upon completion  of  the  job.  10.
MEALS AND LODGING
(A) ?0HDO?  means  an  adequate,  w ell-ba	
 lanced serving  of  a  variety  of  wholesome,  n utritious  foods.
(B) ?/RGJLQJ?   means  living  accommodations  availab le to   the  employ ee  for  full-time  occupancy  which  are  adequate,  decent,  and
s	

anitary  according  to  usual  and  customary  standards. Employ ees  shall  not  be  required  to  share  a  bed. 
(C) Meals  or  lodging may  not be credited  against  the minim um wage  	
 without  a  voluntary  written  agreement  between the  employ er
and  the  employee. When  credit  f or  m	
 eals or  lodging  is  used  to  meet  part of  the  employ er?s  minim um  wage   obligation,  the  amounts  so 
credited may  not be more than  the  following:  Room 
occupied alone ...........................................................   $51.73/
week  $61.13/
week  $
56	
 .43/
week 
Room  shared  .......................................................................   $42	
 .70/
week  $50	
.46/
week  $46	
.58/
week 
Apartment  — two	

  thirds  (2/3) 	
 of the  ordinary  renta	 l value,  and	  in  no 
event	
 more than   ................................................................. 
Where  a couple  are	
  both  employed  by	  the  employer,  two thi	rds (2/3)  
of the ordinary rental  value, and	
  in n o event more than  ..........
MEALS 
Breakfast  ........................................................................\
....   $3.
98  $4	
.70  $4.34 
Lunch  .................................................................................  $5	
.47 
$6.47  $5.97 
Dinner  ................................................................................
  $7	

.34
  $8	 .68  $8.01 
$621.28/
month
  $919.02/
month $677.75/
month
$1086.07/ month
$734

.21/
month
$1002.56/month 
$1002.56/
month
$677.75/
month
$46.58/
week
$56.43/
week
LODGING
  $49.38/
week 
$40.76/ week 
$3 .	

80  
$5.22  
$7.09  
$
593.05 /
month
month	
 
$877.2
7/$47.03/
week 
$38.82	

/
week 
$3.62  
$	
4.97  
$6
.68  
$564.81
/
month
month 
$835.49
/$5	
1.73/
week 
$4	
2.70/
week 
$3

.98  
$5.47  
$7

.35  
$621
 .29/
month
month 
$919.0
4	
/ $49.38/
week 
$4	

0.76/
week 
$3.80  
$

5
.22  
$7.01 
$593.05/
month
month 
$877.2
6/ $4.34
$5.97 $8.01 JANUARY 1, 2018
 
26 or More  

25 or Fewer 
Employees Employees  J
ANUARY 1, 2019  
26 or More 25 or  Fewer 
E	

mployees Employees

? 8  (D) Meals evaluated as part of the minimum wage must be bona fide meals consistent with the employee’s work shift. Deductions
shall not be made for meals not received or lodging not used.  (E) If, as a  condition  of employment,  the  employe e must live at the
place  of employment  or occupy quarters  owned  or under  the control  of the  employer,  then the  employe r may not  charge rent in 
excess  of the values  listed  herein.  11.
MEAL PERIODS
(A) No  employ er  shall  employ  any  person  f or  a  work  period of   more  than  five  (5)  hours  without  a  meal  period of not   less  than  30
mi nutes, except that when a work  period of  not  	
more than six (6)  hours will complete the day?s	  work the meal period may be waived by 
m	
utual  consent  of  the  employ er  and  the  employee. 
(B) An employ er may  not employ  an employ ee for 	
a work  period of  	more than ten (10) hours per day without  providing the employ ee
with a second meal  period of  not  less than  30 mi nutes, except that  if the total hours work ed is no more than  12 hour s, the second meal 
period  	
may  be  waived  by  mutual consent  of the  employ er  and  the  employ ee only  if   the  first meal  period  was not  	 wai ved. 
(C) Unless  the  employ ee is  reliev ed of   all  duty  during  a  30 mi nute  meal  period,  the  meal  period  shall be  considered  an ?RQ  GXW\?
meal  period  and  counted  as  time  work ed. An  ?RQ  GXW\?   meal  period 	
shall  be pe	rmitted  only  when  the  nature  of  the  work  prevents  an 
employ ee from being  reliev ed of 	
all duty  and  when  by  written  agreement  between  the  parties an on-the-job  paid 	 meal period  is   agreed 
to. The  written  agreement  shall  state  that  the  employ ee  may, in  writing,  revoke  the  agreement  at  any  time. 
(D)  If an	
  employ er fails  to  pr ovide  an employ ee a meal  period in  accordance with the applicab le pr ovisions  of this order, the employ er
shall  pay  the  employ ee  one  (1) hour of   pay  at  the  employ ee?s	
  regular  rate  of  compensation  f or  each  workd ay  that  the  meal  period is  
not  pr o	
vided. 
(E) In all   places  of empl oyment  where  employ ees  are  required  to eat  on  the  premises,  a  suitab le  place  f or  that  purpose  shall  be
d	

esignated.  12.
REST PERIODS
(A) Every employer shall authorize and permit all employees to  take rest periods, which insofar as practicable shall be in the middle
of   each  work  period. The  authoriz ed  rest period   time shall  be  based  on  the  total  hours  work ed daily  at   the  rate  of  ten  (10)  minutes  net 
rest  time  per  f our  (4)  hours  or  major  fraction  thereof. However,  a  rest  period  need  not be  authoriz ed  for  employ ees  whose  total  daily 
work  time  is  less  than  three  and  one-half  (31
/2
)  hours. Authoriz ed  rest period   time  shall  be  counted  as  hours  work ed  for  which  there 
shall  be no   deduction  from  w ages. 
(B) If an employer fails to provide an employ ee a rest period in accordance with the applicable provisions  of this order, the employ er
shall pay the employ ee one (1)  hour of  pay  at the employ ee?s regular rate  of compensation f or each workd ay that the rest  period is  not  
pr ovided. 
(C) A  crew  member  employ ed on  a  commercial  passenger  fishing  boat  who  is on  an  overnight  trip  within  the  meaning  of  Section
4(E)  shall  receive  no  less than eight  (8)  hours  off-duty  time  during  each  24-hour  period.  13.
CHANGE ROOMS AND RESTING FACILITIES
(A) Employers shall  provide  suitab le lo cker s,  closets,  or  equivalent  f or  the  safekeeping  of  employ HHV? outer clothing  during  working
hour s, and  when required, f or their work clothing  during non-working  hours. When the occupation requires a change  of clothing, change 
rooms  or  equivalent  space  shall  be provided  in  order  that  employ ees  may  change  their  clothing  in  reasonab le  privacy  and  comfor t. 
These rooms  or spaces  may  be  adjacent to  b ut shall  be  separate  from  toilet  rooms  and shall  be  kept  clean. 
NOTE:  This  section  shall  not apply  to  change  rooms  and  stor age  facilities  regulated  by  the  Occupational  Safety  and  Health 
Standards  Board. 
(B) Suitab le resting facilities shall  be pr ovided  in an area separate from the toilet rooms and shall  be available to  employ ees du ring
work  hours.  14.
SEATS
(A) All  working  employ ees shall  be pr ovided  with  suitab le  seats when  the  nature  of  the  work  reasonab ly permits  the  use  of seats.
(B) When  employ ees  are  not  engaged  in  the  active  duties  of  their  employment  and  the  nature  of  the  work  requires  standing,  an
adequate  number  of  suitab le  seats  shall  be  placed  in  reasonab le pr oximity  to  the  work  area  and  employ ees  shall  be pe rmitted  to  use 
such  seats  when  it  does  not interfere  with  the  performance  of  their  duties.  15.
 TEMP ERATURE
(A) The  temperature  maintained  in  each  work  area  shall  provide  reasonab le  comfort  consiste nt  with  industry-wide  standards  f or
the  nature  of the  process  and the  work  performed. 
(B) If  excessive  heat or   humidity  is  created  by  the  work  process,  the  employ er  shall  take  all  feasib le  means  to  reduce  such
exces sive  heat  or  humidity  to  a  degree  providing  reasonab le  comfor t. Where  the  nature  of  the  employment  requires  a  temperature 
of   less than  60°  F.,  a heated  room  shall  be provided  to  which  employ ees may  retire  f or  warmth,  and  such  room  shall  be maintained at 
not  less than  68°. 
(C) A  temperature  of not   less  than  68°   shall  be  maintained  in  the  toilet  rooms,  resting  rooms,  and  change  rooms during hours  of
us e.  (D) F
ederal and   State  energy  guidelines  shall  prev ail   ov er  any  conflicting  provision  of  this  section. 16.
ELEVATORS
Adequate  elevator, escalator  or  similar  service  consistent  with  industry-wide  standards  f or  the  nature  of  the  process  and  the  work
per formed shall  be pr ovided  when  employ ees  are  employ ed four  floors  or  more  above  or  below  ground  lev el.

? 9  17.EXEMPTIONS
If, 
in  the  opinion  of  the  Division  after  due  investigation,  it is   found  that  the  enforcement of  any  provision  contained  in  Section  7,
Records;  Section  12,  Rest  Periods;  Section  13,  Change  Rooms  and  Resting  Facilities;  Section  14,  Seats;  Section  15,  Temperature; 
or   Section  16, El evators,  w ould not   material ly af fect  the  w elfare  or  comfort  of  employ ees and  w ould  work  an  undue  hardship  on  the 
employer,  exemption  may  be  made at  the  discretion  of  the  Division.  Such  exemptions  shall  be in   writing  to be  ef fective  and  may  be	
 
revok ed after  reasonab le  notice  is gi ven  in   writing. Application  f or ex emption shall  be  made  by the  employ er or   by  the  employ ee  and/or 
the employ ee?s representative  to the Division  in writing. A  copy  of the application shall  be posted  at the place  of employment  at the time 
the  application  is  fil ed  with  the  Division.  18.
FILING  REPOR TS	
(See California Labor Code, Section 1174(a))19.
INSPECTION
(See California Labor Code, Section 1174) 20.
PENALTIES
(See  California  Labor  Code,  Section  1199)
(A) In addition  to any other civil penalties  provided by law, any employ er or  any other person acting  on behalf  of the employ er who
violates,  or  causes  to be violated,  the  provisions of this order,  shall  be  subject  to  the  civil penalty of: 
(1) Initial Violation  ?	
  $50.00  for  each  underpaid  employ ee  for  each  pay  period during  which  the  employ ee  was  underpaid  in
addition  to  the  amount  which  is  sufficient  to  recov er  unpaid w ages. 
(2) Subsequent Violations  ?  $100.00  f or  each  underpaid  employ ee  for  each  pay  period during  which  the  employ ee  was
un derpaid  in  addition  to an   amount  which  is su fficient  to  recov er  unpaid  w ages. 
(3) The  affected  employ ee  shall  receive  payment  of  all  w ages  recovered.
(B) The  labor commissioner may  also  issue  citations  pursuant  to  Califor nia Labor  Code  Section  1197.1  f or non-payment  of  w ages
f or   overtime  work  in  violation of  this  order.  21.
SEPARABILITY
If  the  application  of  any  provision  of  this  order,  or  any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  word,  or portion
of   this  order  should  be held   invalid or   unconstitutional  or  unauthoriz ed or  prohibited  by  statute,  the  remaining  provisions  thereof  shall 
not  be  af fected thereby, b ut shall contin ue to  be  gi ven  full force  and effect  as if  the  part so  held  invalid  or unconstitutional  had not been	
 
included  herein.  22.
POSTING  OF ORDER
Every  employ er  shall  k eep  a copy  of  this  order  posted  in an   area  frequented  by  employ ees  where  it  may  be  easily  read  during
the  wor kday. Where  the  location  of  work  or  other  conditions  make  this  impractical,  every  employ er  shall  k eep  a copy  of  this  order  and 
ma ke it  availab le to   every  employ ee  upon  request. Q
UESTIONS AB OUT ENFORCEMENT of  the Industrial 
Welfar e Commission  orders and reports  of violations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Office" on the internet or any 
other directory.   The	

  Labor Commissioner  has offices  in the  following 
cities: B akersfield,  El Centro,   Fr esno, L ong Beach,  Los Angele	
 s, 
Oakland, R edding, Sac	
 ramento, S alinas, San Bern ardino,  San 
Diego,  San Fra ncisco, San J	
ose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  SUMMARIES I
N OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RESUMEN EN OTRO S IDIOMAS 
El  Depa rtamento	

  de  Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603.  Depart
ment of Industrial Relations  
P.O.  Box  420603  
San F rancisco, CA 94 142-0603