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

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 10- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
AMUSEMENT AND RECREATION  INDUSTRY  	
 	
Effective January 1, 2002 as  amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial  Relations, 
effective January 1, 2023 , 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 	
 
 
 
 
 
 
 
 
 
 
 
 
 	
IWC FORM 1110 (Rev.  11/2022 ) 
OSP 06  98768

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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 amusement and recreation industry whether paid on a time, piece rate,  
com - mission, 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  therein;  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  541.15- 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  ca rrying  out  exempt  functions.  The  work  actually  performed  by the  employee  during the course  of the  
workweek  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/her employer or his/her  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  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 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, 541.210, and 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 
workweek  must,  first and foremost, be examined and the amount of time the employee spends on such work, together with the 	
 	 	
  	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O. 10- 2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
A	M	US	EME	N	T	 A	N	D	 RECR	E	A	TION	 IND	U	S	T	R	Y

—	9 	 
middle of each  work period.  The  authorized  rest period  time shall be  based  on the  total  hours  worked  daily at  the  rate  of ten  (10)  
minutes  net rest  time  per  four  (4)  hours  or  major  fraction  thereof. However,  a  rest  period  need not be  authorized  for employees  
whose  total daily work  time  is less  than  three  and one-half (3	
1/2)
  hours.  Authorized  rest period  time shall  be counted  as hours  
worked  for which  there shall be no deduction from  wages.	
 	
(B)  If an  employer  fails  to  provide  an employee  a rest  period  in accordance  with the  applicable  provisions of  this  order,  the 
employer shall  pay  the  employee  one (1)  hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  workday  that  the  
rest  period  is not  provided.	
 	
(C)  A crew  member  employed  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 suitable lockers, closets, or equivalent  for the safekeeping of employees’ outer clothing during  
working hours, and when required, for  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  employees  may  change  their  clothing  in  reasonable 
privacy  and comfort.  These  rooms or  spaces  may  be  adjacent  to  but  shall  be  separate  from toilet  rooms  and  shall  be  kept  clean.	
 	
NOTE:  This section shall not apply to change rooms and storage facilities regulated by  the Occupational Safety and Health 
Standards  Board.  
(B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be  available to employees  
during work  hours.	
 	
14.  SEATS  	
(A) All working  employees  shall  be  provided  with suitable  seats when  the nature  of  the  work  reasonably  permits  the  use  of 
seats.
 
(B)  When  employees  are  not  engaged  in the  active  duties of  their  employment  and  the nature  of the  work  requires  standing,  
an adequate  number of suitable  seats shall  be  placed in  reasonable  proximity to  the  work  area  and employees  shall  be  permitted  
to  use such seats when it does not interfere with the performance of their  duties.	
 	
15.  TEMPERATURE  	
(A) The  temperature  maintained in each  work area  shall provide  reasonable  comfort consistent  with  industry -wide  standards  
for  the nature of the process and the work  performed.	
 	
(B)  If excessive heat or humidity is created by  the work process, the employer shall take all feasible means to reduce  such 
excessive  heat  or  humidity  to  a  degree  providing  reasonable  comfort. Where  the nature  of the  employment  requires  a 
temperature of  less  than 60°  F.,  a  heated  room shall  be provided  to which  employees  may  retire  for  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 use.	
 	
(D) Federal and State energy guidelines shall prevail over any conflicting provision of this  section.	 	
16.  ELEVATORS  	
Adequate elevator, escalator or similar service consistent with industry -wide standards  for the nature of the process and the  
work performed shall be provided when employees are employed four floors or more above or below ground level.  	
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, Elevators,  would  not materially  affect  the  welfare  or comfort  of  employees  and  would  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  effective  and  may be  revoked  after reasonable notice is given in writing. Application  for exemption shall be made  by the 
employer or  by the  employee  and/or the  employee’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 filed with the Division. 	
18. FILING  REPORTS  	
(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 employer or any other person acting on behalf of the employer  
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  employee for  each  pay period  during which  the  employee  was underpaid  
in  addition to the amount which is sufficient to recover unpaid  wages. 	
(2) 	Subsequent Violations  —  $100.00  for each  underpaid  employee for each  pay  period  during which the  employee  was 
underpaid in addition to an amount which is sufficient to recover unpaid  wages.

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(3) 	The affected employee shall receive payment of all wages recovered.  
(B)  The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1  for non- payment of  
wages for  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  unauthorized  or  prohibited  by statute,  the  remaining  provisions 
thereof  shall not be affected  thereby, but shall continue to be given full force and effect as if the part so held invalid or 
unconstitutional had not  been  included  herein. 	
22. POSTING OF  ORDER 	
Every  employer  shall  keep  a copy  of  this  order  posted  in  an  area  frequented  by employees  where  it  may  be  easily  read  during 
the  workday.  Where  the  location  of  work  or  other  conditions  make  this  impractical,  every  employer  shall  keep  a  copy of  this  order  and 
make it  available  to every employee upon request.  	
 
 
 
 	
QUESTIONS ABOUT ENFORCEMENT  of the Industrial	 	
Welfare 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: Bakersfield, El Centro, Fresno, Long Beach, Los  Angeles,	 	
Oakland, Redding, Sacramento, Salinas, San Bernardino,  San	 	
Diego,  San Francisco,  San  Jose,  Santa  Ana, Santa  Barbara,  Santa	 	
Rosa, Stockton, Van  Nuys. 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

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For further information or to file your complaints, visithttps://www.dir.ca.gov/dlse/dlse.html or  contact the State of California at the following  department offices:  California Labor  Commissioner's  Office , also  known  as,  Division  of  Labor  Standards  Enforcement  (DLSE)  
 
BAKERSFIELD  Labor	 Commissioner's	 Office/DLSE	 	REDDING Labor	 Commissioner's	 Office/DLSE	 	SAN JOSE  Labor Commissioner's	 Office/DLSE	 	7718 Meany	 Ave.	 	Bakersfield, CA   93308 
661 -587 -3060  	250 Hemsted Drive, 2nd Floor, Suite	 A 	Redding, CA   96002 530-225 -2655  	
100 Paseo De San Antonio, Room	 120	 	San Jose, CA   95113 408-277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA  92 243	
  
760 -353 -0607  	
 	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	 	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
2 MacArthur Place Suite 800	 
Santa Ana, CA   9270 7 
714 -558 -4910  	
 FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw Ave., Suite 222	 	
 	SALINAS 
Labor  Commissioner's  Office/DLSE  
950	 E. Blanco	 Rd.,	 Suite	 204	 	
 	SANTA BARBARA  
Labor Commissioner's  Office/DLSE  
411 E. Canon 	Perdido, 	Room	 3 	Fresno, CA 	 93710	 	Salinas, CA	 93901	 	Santa Barbara, CA 	 93101	 	559	-244	-5340	 	831	-443	-3041	 	805	-568	-1222	 	
LONG	 BEACH	 	SAN	 BERNARDINO	 	 	
Labor	 Commissioner's	 Office/DLSE	 	300 Oceangate, 3	rd Floor	 	Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor Commissioner's	 Office/DLSE	 	Long Beach, CA 	 90802	 	San Bernardino, CA 	 92401	 	50 ?D? Street, Suite	 360	 	562	-590	-5048	 	909	-383	-4334	 	Santa Rosa, CA 	 95404	 	
 	 	707	-576	-2362	 	
LOS	 ANGELES	 	SAN	 DIEGO	 	 	Labor	 Commissioner's	 Office/DLSE	 	Labor	 Commissioner's	 Office/DLSE	 	STOCKTON	 	320	 W. Fourth	 St.,	 Suite	 450	 	7575 Metropolitan	 Dr., Room	 210	 	Labor Commissioner's	 Office/DLSE	 	Los Angeles,  CA	 90013	 	San Diego, CA 	 92108	 	31 E. Channel Street, Room	 317	 	213	-620	-6330	 	619	-220	-5451	 	Stockton, CA	 95202	 	
 	 	209	-948	-7771	 	
OAKLAND	 	SAN	 FRANCISCO	 	 	Labor	 Commissioner's	 Office/DLSE	 	1515	 Clay	 Street,	 Room	 801	 	Labor	 Commissioner's	 Office/DLSE	 	455 Golden Gate Ave. 10	th   Floor	 	VAN	 NUYS	 	Labor	 Commissioner's	 Office/DLSE	 	Oakland,  CA	 94612	 	San Francisco, CA 	 94102	 	6150 Van 	Nuys 	Boulevard, Room	 206	 	510	-622	-3273	 	415	-703	-5300	 	Van Nuys, CA 	 91401	 	
 	 	818	-901	-5315	 	
OAKLAND	 – HEADQUARTERS	 	 	 	Labor	 Commissioner's	 Office/DLSE	 	 	 	1515	 Clay	 Street,	 Room	 1302	 	 	 	Oakland, CA	 94612	 	 	 	510	-285	-2118	 	 	 	[email protected]	 	 	 	
 
 
 
 
 
 
 
 
 
 
 	
EMPLOYERS: Do not send copies of your  alternative workweek	 	election ballots or election  procedures.  
Only the  results of the alternative workweek  election	
 	shall be mailed  to: 
 	
 	Department of Industrial  Relations  
Office of Policy, Research and  Legislation 
P.O.  Box 420603  
San Francisco, CA  94142- 0603	
 	(415) 703- 4780  	
Prevailing  Wage  Hotline  (415)  703- 4774