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

The Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation 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 amusement and recreation industry.
This poster, written in both English and Spanish, must be posted in a conspicuous place where all employees of any California amusement and recreation industries will see it. Employers can also request if they need this poster in another language. This poster describes the standards and laws that must be followed for workers in the Amusement and Recreation Industry. Such laws include minimum wage rate, working overtime, holding records, and regulations for disabled workers.
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 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, ? O H Drned or artistic prof H V V L R Q ? 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 ? D O W H rnative workw eek V F K H G X O H ? means any regularly scheduled workweek requiring an employ ee to work more than eight (8) hours in a 24-hour period. (C) ? &