California Free Printable General Labor Law Poster Posters California Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation Industry

The Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation Industry is a general labor law poster 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 Spanish, must be posted in a conspicuous place where all Spanish speaking employees will see it for any Amusement and Recreation Industry employers. This poster describes the standards and laws that must be followed in the Amusement and Recreation Industry.


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 .

It appears you don't have a PDF plugin for this browser. Please see the link below to download california-iwcarticle10.pdf.

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 July 1, 2014, pursuant to AB 10, Chapter 351, Statutes of 2013 and 
AB 1835, Chapter 230, Statutes of 2006 
  
This Order Must Be Posted Where Employees Can Read It Easily     
   
   
   
   
  IWC FORM 1110 (Rev. 07-2014) 
OSP 06 98768

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• 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 July 1, 2014, pursuant to AB 10, Chapter 351, Statutes of 2013 and 
AB 1835, Chapter 230, Statutes of 2006 
INDUSTRIAL WELFARE COMMISSION 
ORDER NO. 10-2001 
REGULATING 
WAGES, HOURS AND WORKING CONDITIONS IN THE  
AMUSEMENT AND RECREATION INDUSTRY 
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 (AB 10, Ch.  351, Stats of 2013, amending section 1182.12 of  the  California 
Labor  Code,  and AB  1835,  Ch.  230,  Stats  of  2006,  adding  sections  1182.12  and  1182.13  to  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 car- 
rying 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 opera- 
tions 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 employer’s realistic expectations 
and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. 
(g) Such 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. 
(3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following 
requirements:

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(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following 
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or 
(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession.   For the 
purposes of this subsection, ―learned or artistic profession‖ means an employee who is primarily engaged in the performance of: 
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged 
course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, 
and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily 
incident to any of the above work; or 
(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which 
can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily 
on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above 
work; and 
(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, 
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in 
relation to a given period of time. 
(c) Who customarily and regularly exercises discretion and independent judgment in the performance of duties set forth 
in subparagraphs (a) and (b). 
(d) Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. 
Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week. 
(e) Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as 
they existed as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, and 
541.310. 
(f) Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of pharmacy, 
and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor shall 
they be considered exempt from coverage for the purposes of this subparagraph unless they individually meet the criteria established 
for exemption as executive or administrative employees. 
(g) Subparagraph (f) above shall not apply to the following advanced practice nurses: 
(i) Certified nurse midwives who are primarily engaged in performing duties for which certification is required pursuant 
to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. 
(ii) Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required 
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. 
(iii) Certified nurse practitioners who are primarily engaged in performing duties for which certification is required 
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. 
(iv) Nothing in this subparagraph shall exempt the occupations set forth in clauses (i), (ii), and (iii) from meeting the 
requirements of subsection 1(A)(3)(a)-(d) above. 
(h) Except, as provided in subparagraph (i), an employee in the computer software field who is paid on an hourly basis 
shall be exempt, if all of the following apply: 
(i) The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion 
and independent judgment. 
(ii) The employee is primarily engaged in duties that consist of one or more of the following: 
—The application of systems analysis techniques and procedures, including consulting with users, to determine 
hardware, software, or system functional specifications. 
—The design, development, documentation, analysis, creation, testing, or modification of computer systems or pro- 
grams, including prototypes, based on and related to user or system design specifications. 
—The documentation, testing, creation, or modification of computer programs related to the design of software or 
hardware for computer operating systems. 
(iii) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized 
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the 
applicability of this exemption. 
(iv) The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Division of Labor Statistics and 
Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to 
the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.* 
(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: 
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoreti- 
cal and practical application of highly specialized information to computer systems analysis, programming, and software engineering. 
(ii) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary 
to work independently and without close supervision. 
(iii) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer 
hardware and related equipment. 
(iv) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or 
facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including 
CAD/CAM, but who is not in a computer systems analysis or programming occupation. 
 
* Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
www.dir.ca.gov/IWC or by mail from the Department of Industrial Relations.

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(v) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, 
promotional material, setup and installation instructions, and other similar written information, either for print or for on screen media or 
who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as 
the World Wide Web or CD-ROMs. 
(vi) The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating imagery 
for effects used in the motion picture, television, or theatrical industry. 
(B) The provisions of this order shall apply to all employees employed by any employer operating a business at a horse racing 
facility, including stable employees. Stable employees include but are not limited to grooms, hot walkers, exercise workers, and any 
other employees engaged in the raising, feeding, or management of racehorses, employed by a trainer at a racetrack or other non- 
farm training facility. 
(C) Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly 
employed by the State or any political subdivision thereof, including any city, county, or special district. 
(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 provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to full-time carnival ride opera- 
tors employed by traveling carnivals. 
(G) The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, 
carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending 
Labor Code Section 1171.) 
(H) The provisions of this section are not applicable to any crew member employed 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 provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to professional actors. 
 
2. DEFINITIONS 
(A) ―Amusement and Recreation Industry‖ means any industry, business, or establishment operated for the purpose of furnishing 
entertainment or recreation to the public, including but 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, carnivals, 
and wired music studios. 
(B) An ―alternative workweek schedule‖ means any regularly scheduled workweek requiring an employee to work more than eight 
(8) hours in a 24-hour period. 
(C) ―Commission‖ means the Industrial Welfare Commission of the State of California. 
(D) ―Division‖ means the Division of Labor Standards Enforcement of the State of California. 
(E) ―Employ‖ means to engage, suffer, or permit to work. 
(F) ―Employee‖ means any person employed by an employer. 
(G) ―Employer‖ means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or 
any other person, employs or exercises control over the wages, hours, or working conditions of any person. 
(H) ―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time 
the employee is suffered or permitted to work, whether or not required to do so. 
(I) ―Minor‖ means, for the purpose of this order, any person under the age of 18 years. 
(J) ―Outside salesperson‖ means any person, 18 years of age or over, who customarily and regularly works more than half the 
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for 
products, services or use of facilities. 
(K) ―Primarily‖ as used in Section 1, Applicability, means more than one-half the employee’s work time. 
(L) ―Shift‖ means designated hours of work by an employee, with a designated beginning time and quitting time. 
(M) ―Split shift‖ means a work schedule, which is interrupted by non-paid non-working periods established by the employer, other 
than bona fide rest or meal periods. 
(N) ―Teaching‖ means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the 
Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 
(O) ―Wages‖ includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained 
by the standard of time, task, piece, commission basis, or other method of calculation. 
(P) ―Workday‖ and ―day‖ mean any consecutive 24-hour period beginning at the same time each calendar day. 
(Q) ―Workweek‖ and ―week‖ mean any seven (7) consecutive days, starting with the same calendar day each week. ―Workweek‖ 
is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods. 
 
3. HOURS AND DAYS OF WORK 
(A) Daily Overtime - General Provisions 
(1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years 
of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such 
employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the 
employee receives one and one-half (11/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the 
workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six (6) 
days in any workweek is permissible provided the employee is compensated for such overtime at not less than: 
(a) One and one-half (11/2)times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up 
to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a 
workweek; and 
(b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours

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worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek. 
(c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed 
by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary. 
(B) Alternative Workweek Schedules 
(1) No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election 
procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day 
within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday beyond the 
schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (11/2) 
times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours 
on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement 
shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted pursuant to this section 
shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of 
the employee, to substitute one day of work for another day of the same length in the shift provided by the alternative workweek 
agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime. No hours paid at 
either one and one-half (11/2) or double the regular rate of pay shall be included in determining when 40 hours have been worked for 
the purpose of computing overtime compensation. 
(2) If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires an 
employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime 
compensation at a rate of one and one-half (11/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) 
hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required 
to work the reduced hours. 
(3) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification of 
an alternative workweek schedule. 
(4) An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance 
of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of 
Section 12940 of the Government Code. 
(5) An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order to 
accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the 
alternative workweek schedule established as the result of that election. 
(6) An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday to 
accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek schedule 
established by the election. 
(7) Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect prior to 
1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election are reported 
by the employer to the Office  of  Policy,  Research  and  Legislation by January 1, 2001, in accordance with the requirements of 
subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek schedule of not more 
than ten  (10) hours a day as of July 1, 1999, that alternative workweek schedule was based on an individual agreement made after 
January 1, 1998 between the employee and employer, and the employee submitted, and the employer approved, a written request 
on or before May 30, 2000 to continue the agreement, the employee may continue to work that alternative workweek schedule 
without payment of an overtime rate of compensation for the hours provided in the agreement. The employee may revoke his/her 
voluntary authorization to continue such a schedule with 30 days written notice to the employer.  New arrangements can only be 
entered into pursuant to the provisions of this section. 
(C) Election Procedures 
Election procedures for the adoption and repeal of alternative workweek schedules require the following: 
(1) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer. 
The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days 
and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be specified. The 
employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of 
work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes a menu of work 
schedule options, the employee may, with the approval of the employer, move from one menu option to another. 
(2) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before the 
performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held during 
regular working hours at the employees’ work site. For purposes of this subsection, ―affected employees in the work unit‖ may include 
all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical 
location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria 
for an identifiable work unit in this subsection are met. 
(3) Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have made 
a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees’ wages, hours, 
and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the specific purpose of 
discussing the effects of the alternative workweek schedule. An employer shall provide that disclosure in a non-English language, as 
well as in English, if at least five (5) percent of the affected employees primarily speak that non-English language. The employer shall 
mail the written disclosure to employees who do not attend the meeting. Failure to comply with this paragraph shall make the election 
null and void. 
(4) Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the affected employees. 
The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an affected employee, 
and after an investigation by the labor commissioner, the labor commissioner may require the employer to select a neutral third party 
to conduct the election.

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(5) Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected 
employees.  Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds 
(2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the 
alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the 
election shall be held not less than 12 months after the date that the same group of employees voted in an election held to adopt or 
repeal an alter- native workweek schedule. The election shall take place during regular working hours at the employees’ work site. 
If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of undue 
hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance. 
(6) Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section. The 
results of any election conducted pursuant to this section shall be reported by the employer to the Office  of  Policy,  Research  and 
Legislation within 30 days after the results are final, and the report of election results shall be a public document. The report shall 
include the final tally of the vote, the size of the unit, and the nature of the business of the employer. 
(7) Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule may 
not be required to work those new work hours for at least 30 days after the announcement of the final results of the election. 
(8) Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed alternative 
workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative workweek 
election or for opposing or supporting its adoption or repeal. However, nothing in this section shall prohibit an employer from expressing 
his/her position concerning that alternative workweek to the affected employees. A violation of this paragraph shall be subject to Labor 
Code Section 98 et seq. 
(D) One and one-half (11/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except 
minors 16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an adult 
are subject to subsection (A) or (B) and (C) above. 
(VIOLATIONS OF CHILD LABOR LAWS 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 for additional restrictions on the employment 
of minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school 
districts about any required work permits.) 
(E) An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during such 
workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6). 
(F) If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be avail- 
able for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume 
such food or drink. 
(G) The provisions of this section shall not apply to employees whose duties are exclusively those of a motion picture projection
ist.  
(H) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to pre- 
vent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more 
consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in 
seven (7). 
(I) Except as provided in subsections (D) and (H), this section shall not apply to any employee covered by a valid collective bar- 
gaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if 
the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not 
less than 30 percent more than the state minimum wage. 
(J) Notwithstanding subsection (I) above, where the employer and a labor organization representing employees of the employer 
have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement 
regarding the equivalent of one (1) day’s rest in seven (7) (see subsection (H) above) shall apply, unless the agreement expressly 
provides otherwise. 
(K) No employer who operates a ski establishment shall be in violation of this order by instituting a regularly scheduled workweek 
of not more than 48 hours during any month of the year when Alpine or Nordic skiing activities, including snowmaking and grooming 
activities, are actually being conducted by the ski establishment; provided, however, that any employee shall be compensated at a 
rate of not less than one and one-half (11/ ) times the employee’s regular rate of pay for any hours worked in excess of ten (10) hours 
work in a day or 48 hours in a workweek. For purposes of this section, ―ski establishment‖ 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 applicable to employees whose hours of service are regulated by: 
(1) The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13, Hours 
of Service of Drivers; or 
(2) Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating hours 
of drivers. 
(M) If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal 
obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, 
may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except 
for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee knows in advance that 
he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee 
may request to make up work time for up to four (4) weeks in advance; provided, however, that the makeup work must be performed 
in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee 
makes a request to make up work time pursuant to this subsection. While an employer may inform an employee of this makeup time 
option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take 
personal time off and make up the work hours within the same workweek pursuant to this subsection. 
(N) The provisions of this section are not applicable to any crew member employed on a commercial passenger fishing boat licensed

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pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code. 
 
4. MINIMUM WAGES 
(A) Every employer shall pay to each employee wages not less than nine dollars ($9.00) per hour for all hours worked, effective July 1, 
2014, and not less than ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016, except: 
LEARNERS. Employees during their first 160 hours of employment in occupations in which they have no previous similar or related 
experience, may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel. 
(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable 
minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or 
otherwise. 
(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage 
for that workday, except when the employee resides at the place of employment. 
(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship 
Standards. 
(E) If the employee is a crew member employed 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 minimum wage obligation of 
this section may, at the employer’s option, be satisfied by paying employees according to the following formula: 
(1) A ―one-half day trip‖ shall be comprised of a maximum of six (6) hours of work compensated at a rate of no less than six 
(6) times the hourly minimum wage. 
(2) A ―three-quarter day trip‖ shall be comprised of a maximum of ten (10) hours of work compensated at a rate of no less than 
ten (10) times the hourly minimum wage. 
(3) A ―full-day trip‖ shall be comprised of a maximum of 12 hours of work compensated at a rate of no less than 12 times the 
hourly minimum wage. 
(4) An ―overnight trip‖ shall be comprised of a maximum of 12 hours worked within a period of no less than 24 hours 
compensated at a rate of no less than 12 times the hourly minimum wage. 
Nothing in this subsection relieves the employer of the obligation to pay employees no less than the minimum wage for all hours 
worked. 
 
5. REPORTING TIME PAY 
(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half 
said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event 
for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum 
wage. 
(B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work 
on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less 
than the minimum wage. 
(C) The foregoing reporting time pay provisions are not applicable when: 
(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authori- 
ties; or  
(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or 
(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control. 
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than 
the employee’s scheduled reporting time. 
 
6. LICENSES FOR DISABLED WORKERS 
(A) A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical 
disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of employer 
and employee and employee’s representative if any. 
(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special 
minimum rates to enable the employment of such persons without requiring individual licenses of such employees. 
(C) All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the Division. 
(See California Labor Code, Sections 1191 and 1191.5) 
 
7. RECORDS 
(A) Every employer shall keep accurate information with respect to each employee including the following: 
(1) Full name, home address, occupation and social security number. 
(2) Birth date, if under 18 years, and designation as a minor. 
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total 
daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be re- 
corded. 
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the 
employee. 
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to 
the employee upon reasonable request. 
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be 
provided to employees. An accurate production record shall be maintained by the employer.

—7  
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part 
of the check, draft, or voucher paying the employees wages, or separately, an itemized statement in writing showing: (1) all deductions; 
(2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employees social security 
number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and 
shown as one item. 
(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day 
and year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location within the 
State of California. An employee’s records shall be available for inspection by the employee upon reasonable request. 
(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as practicable. 
(E) If the employee is a crew member employed 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 Days of Work, and 5, Reporting Time Pay may, at the employer’s option, be satisfied by expressing the hours worked in terms of 
the formula established pursuant to Section 4(E). Hours worked in excess of the formula in Section 4(E) shall be recorded on the 
employee’s pay record as additional hours worked. 
 
8. CASH SHORTAGE AND BREAKAGE 
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, 
breakage, 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 EQUIPMENT 
(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be 
provided and maintained by the employer. The term ―uniform‖ includes wearing 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 employer or are necessary to the performance of a job, such tools and equipment 
shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage 
provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This 
subsection (B) shall not apply to apprentices regularly 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 reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of 
subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made 
pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may 
deduct from the employee’s last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not 
returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by 
the employee upon completion of the job. 
 
10. MEALS AND LODGING 
(A) ―Meal‖ means an adequate, well-balanced serving of a variety of wholesome, nutritious foods. 
(B) ―Lodging‖ means living accommodations available to the employee for full-time occupancy which are adequate, decent, and 
sanitary according to usual and customary standards. Employees shall not be required to share a bed. 
(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer 
and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so 
credited may not be more than the following: 
  
 Effective Effective 
LODGING July 1, 2014 January 1, 2016 
 
Room occupied alone………………………….….…… $42.33 per week $47.03 per week 
Room shared…………………………………….……… 
Apartment – two thirds (2/3) of the ordinary rental 
value, and in no event more than:…………..………… 
$34.94 per week 
 
$508.38 per month 
$38.82 per week 
 
$564.81 per month Where a couple are both employed by the employer,  
two thirds (2/3) of the ordinary rental value, and in no 
event more than: 
 
 
$752.02 per month 
 
 
$835.49 per month  MEALS   
Breakfast…………………………………………………. $3.26 $3.62 
Lunch……………………………………………………... $4.47 $4.97 
Dinner……………………………………………………... $6.01 $6.68 
 
(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.

—8  
(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the 
control of the employer, then the employer may not charge rent in excess of the values listed herein. 
 
11. MEAL PERIODS 
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 
minutes, 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 
mutual consent of the employer and the employee. 
(B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the employee 
with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal 
period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. 
(C) Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ―on duty‖ 
meal period and counted as time worked. An ―on duty‖ meal period shall be permitted only when the nature of the work prevents an 
employee from being relieved 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 employee may, in writing, revoke the agreement at any time. 
(D) If an employer fails to provide an employee a meal 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 meal period is 
not provided. 
(E) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be 
designated. 
 
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 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 (31/2) 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.

—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, 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. 
(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 Division of Labor Standards Enforcement. A listing of 
the DLSE offices is on the back of this wage order. Look in the white 
pages of your telephone directory under CALIFORNIA, State of, 
Industrial Relations for the address and telephone number of the 
office nearest you. The Division 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 OTHER LANGUAGES 
The Department of Industrial Relations will make summaries of wage and hour requirements in this Order available in Spanish, Chinese and certain other languages when it is feasible to do so. Mail your request for such summaries to the Department at: p.O. box 420603, San Francisco, CA 94142-0603. 
RESUMEN EN OTROS IDIOMAS 
El Departamento de Relaciones Industriales confeccionara un re- sumen sobre los requisitos de salario y horario de esta Disposicion en español, chino y algunos otros idiomas cuando sea posible hacerlo. Envie por correo su pedido por dichos resumenes al Departamento a: p.O. box 420603, San Francisco, CA 94142-0603.  
  
 Department of Industrial Relations P.O. box 420603 San Francisco, CA 94142-0603

—10  
All complaints are handled confidentially.  For further information or to file your complaints, contact the State of California at the following department offices:    Division of Labor Standards Enforcement (DLSE)   
BAKERSFIELD Division of Labor Standards Enforcement 7718 Meany Ave. Bakersfield, CA  93308 661-587-3060 
REDDING Division of Labor Standards Enforcement 2115 Civic Center Drive, Room 17 Redding, CA  96001 530-225-2655 
SAN JOSE Division of Labor Standards Enforcement 100 Paseo De San Antonio, Room 120 San Jose, CA  95113 408-277-1266    
EL CENTRO Division of Labor Standards Enforcement 1550 W. Main St. El Centro, CA  92643 760-353-0607 
SACRAMENTO Division of Labor Standards Enforcement 2031 Howe Ave, Suite 100 Sacramento, CA  95825 916-263-1811 
SANTA ANA Division of Labor Standards Enforcement 605 W est Santa Ana Blvd., Bldg. 28, Room 625 Santa Ana, CA  92701 714-558-4910    
FRESNO SALINAS SANTA BARBARA Division of Labor Standards Enforcement Division of Labor Standards Enforcement Division of Labor Standards Enforcement 770 E. Shaw Ave., Suite 222 1870 N. Main Street, Suite 150 411 E. Canon Perdido, Room 3 Fresno, CA  93710 Salinas, CA  93906 Santa Barbara, CA  93101 559-244-5340 831-443-3041 805-568-1222    
LONG BEACH SAN BERNARDINO  Division of Labor Standards Enforcement Division of Labor Standards Enforcement SANTA ROSA 300 Oceangate, 3rd  Floor 464 West 4th  Street, Room 348 Division of Labor Standards Enforcement 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  Division of Labor Standards Enforcement Division of Labor Standards Enforcement STOCKTON 320 W . Fourth St., Suite 450 7575 Metropolitan, Room 210 Division of Labor Standards Enforcement 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  Division of Labor Standards Enforcement Division of Labor Standards Enforcement VAN NUYS 1515 Clay Street, Room 801 455 Golden Gate Ave. 10th  Floor Division of Labor Standards Enforcement 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 
    SAN FRANCISCO – HEADQUARTERS Division of Labor Standards Enforcement 455 Golden Gate Ave. 9th  Floor San Francisco, CA  94102 415-703-4810 
 
   
  
   
   
   
   
 
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
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