California Industrial Welfare Commission (IWC) Wage Order #11 Broadcasting Industry Poster

OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 11-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE 
BR OADCASTING 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 SB 3, Chapter 4, Statutes of 2016 and 
section 1182.13 of the Labor Code
This  Order Must Be Poste d 	
Where Employee s Can Rea d It Easily IWC FORM 1111 (Rev. 11-2018)
OSP 06 98769

? 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, 2019, pursuant  to SB  3, Chapter 4,  Statutes of 2016 and section 1182.13 
of the Labor Code

INDUSTRIAL WELFARE COMMISSION  ORDER NO. 11-2 001 
REGULATING 
WAGES, HOURS AND WORKING CONDITIONS IN THE	
 
BROADCASTING INDUSTRY  TAKE NOTICE:
 To employers and representativ es 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  We lfare  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  broadcasting industry whether paid  on 	
 a time, piece  rate, 	 commission,
or other basis , except that: 
(A) Pro	

visions  of  sections  3  through  12 of  this  shall  not  appl	
 y to  persons  employ ed in   administr ative,  executive,  or
professional  capacities. The  following  requirements  shall  apply  in dete rmining  whether  an  employee?s  duties  meet  the  tes	
 t to 
qualify f or an ex emption from those sections:  (1) Executiv
e Exemption. A person employed in an  executive capacity means any employee: (a) Whose duties 
and responsibilities inv olve  the  management  of the  enterpr ise in  which  he or  she is  employ ed or of
a cus	

tomarily recogniz ed department or subdivision thereof , and 
(b) W	

ho customarily and regularly directs the work of two or more other employees therein;  and
(c) Who  has the  authority  to hire or fire  other  employ ees or  whose suggestions  and recommendations  as to  the  hi ring
or  fi ring  and as to  the  advancement  and prom
 otion or any  other  change  of status  of other employ ees will  be given  particular weight; 
and 
(d)	
Who customarily and regularly  exercises discretion and independent judgment;  and
(e) Who  is primar ily engaged  in  duties which meet  the te st of  the  ex emption. The activities constituting  exempt wor k
and  non-ex empt work shall  be construed in  the  sam	
 e manner as such items are constr ued in the  following regulations  under the 
Fair  Labor  Standards Act  effective  as of  the  date  of this order:  29 C.F.R. §§  541.102,  541.104- 111, 541.115 -116.  	
 Exempt work shall 
include, f or example, all work  that is directly  and closely related  to exempt work and work which  is properly vi ew ed as  a means for 
carrying  out exempt  functions. The  work  actually  performed  by  the  employ ee during  the  course  of the   wo	
 rk  week must,  first  and 
foremost,  be examined  and th	
 e amount of time  the employ ee spends  on such wor k, together with  the employ er?s realistic expectations 
and the realistic requirements of the jo b, shall be considered in determining whether the employee satisfies this requirement. 
(f) Such  an  employ ee  must  also  ear	
 n  a  monthly  salary  equivalent  to no 	 less than  two  (2)  times  the  s	 tate  minimum
w age for full-time employment. Full-time employment is defined in Labor Code § 515(c) as 40 hours per week.  (2) Administr
ative E xemption. A person employed in an administr ative capacity means any employ ee:(a) Whose duties and responsibilities inv
olve either:
(i) The  performance  of  office  or non- manual   work  directly  related  to  management  policies  or gener al  business
operations of his employer or his 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  of  subdivision  thereof;  in  work  directly  rel ated to the   academic  instruction  or  training  carried  on 
therein; and	

 
(b) Who customarily and regularly  exercises discretion and independent judgment;  and
(c) Who regular ly and directly assists a proprietor,  or an employ ee employ ed in 	
 a bona 	fide  executive  or admin istrati ve
capacity (as such terms are defined for purposes of this section), or  (d) Who performs  under  only gener al supervision work along specializ ed or technical lines requiring special training,
ex	

perience, or knowledge , or 
(e) Who  executes under only general s upervision special assignments and tasks , and
(f) Who  is primar ily engaged  in   duties which meet  the test  of the  ex emption. The activities constituting  exempt wor k
and  non-ex empt work shall  be constr ued in  the  same manner  as such  terms  are constr ued in the  following regulations  under the 
Fair  Labor  Standards Act  effective  as of  the  date  of this order:  29 C.F .R. §§  541.201-205,  541.207	
 -208,  541.210,  541.215. Exempt 
work shall include, f or example, all work  that is directly  and closely related  to exempt work  and work which  is properly vi ew ed as  a 
means for carrying out  exempt functions. The work actually performed by the employee during the course of the wor k week must, 
first and  foremost, be examined and the  amount 	
of time the employee spends on such wor k, togethe r with the  employer?s realistic

? 2  expectations 
and the  realistic requirements  of the  jo b, shall  be considered  in deter mining whether the employ ee satisfies this 
re	
quirement. 
(g) Such employ ee must also earn	
  a monthly salary  equivalent  to no less  than two (2)  tim	 es the  state minim um wage
for full-time employment. Full-time employment is defined in Labor Code § 515(c) as 40 hours per week.  (3) Professional Exemption. A person employ
ed in a professional capacity means any employ ee	
  who meets all of thefollowing requirements: 
(a) Who 
is licensed  or ce rtified by  the State  of California  and is  primar ily 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,  ?O	
HDrned or artistic prof HVVLRQ? 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 customar ily acquired by a pro- 
longed course  of specializ ed intellectual instruction  and 	
 study, as distinguished from a  general academic education  and from an 
apprenticeship,  and from training  in the  per formance  of routine mental, ma nual, or physical processes  or work  that is  an essential 
part of or necessarily incident to any of the abov e w	
 ork; or  
(ii) Work  that is  original  and creative  in character  in a recogniz ed field of artistic  endea	
 vor  (as opposed  to work
which can  be produced by a person  endowed	
  with general  ma nual  or  i	 ntellectual ability and training), and the  result  of which de- 
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incide nt 
to a ny of the abov e work; and 
(iii) Whose  work  is  predominantly  intellectual  and  varied in  character  (as  opposed  to  routine  mental, manual,
mechanical,  or  physical  wor k) and  is of  such  character  that the  output   produced  or the   result  accomplished  cannot  be 
st andardized in relation to a giv en period of time. 
(c) Who  customar ily and  regular ly ex ercises  discretion  and  independent  judgment  in the  per formance  of  duties  set
forth in subpara graph (a) and (b). 
(d) Who  earns  a  monthly  salary  equiv	
 alent to no  less  than  two  (2)  times  the  s	 tate  minimum  wage  f or  full-time
employment. Full-time employment is defined in Labor Code §515 (c) as 40 hours per week.  (e) Subparagraph  (b)  above is 	
intended  to be  constr ued in   ac	 cordance  with the  following  provisions  of  feder al  la w
as  they  existed  as of  the   date  of  this  Order:  29  C.F.R. §§  541.207,  541.301(a) -	
 (d),  541.302, 541.306, 541.307,  541.308,   and 
541.310.  
(f) Notwithstanding  the pr ovisions  of this subparagr aph, pharmacists employ ed to engage  in  the  	
 practice of pharmacy ,
and registered nurses  employed  to engage  in  the  p	
 ractice of nursing, shall  not be considered  exem	 pt professional employ ees, nor 
shal	
l  th ey  be  considered  exempt	
   from  coverage  for the  pu rposes  of  this  subparagr aph  unless they  individually  meet  the  criteria 
established for  exemption as  executive or administr ative employ ees. 
(g)	

Subpara graph (f) above, shall not apply to the following advanced practice nurses:
(i) Ce rtified  nurse  midwiv es  who  are  primar ily engaged  in   performing  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 primar ily 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 primar ily 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 hour ly 	basis
shall be  exempt, if all of the following apply: 
(i) The  employ ee is 	
primar ily engaged  in  work  that is   intellectual  or  creative  and that  requires  the ex ercise  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  s	
ystems 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 gram 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 for computer operating systems.  (iii) The employee is 	
highly skilled  and is proficient  in the  theoretical  and practical application  of highly specialized
in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering. A  job  title  shall  not be  deter	
minative  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 Office of Policy, Research
and  Legislation  shall  adjust  this  pay  r ate on  October  1  of  ea	
 ch  year to  be  eff	ective  on  January  1  of the   f	 ollowing  year  by  an 
amount	
 equal to the percentage increase in the California Consumer Price Inde x for Urban Wage Earners and Clerical Work ers.*  
(i) The  exemption provided in subpara graph (h) does not apply to an employee if any of the following apply:
(i) The employ ee is 	
a trainee  or employ ee in  an  entry-lev el 	 position who  is learning to become proficient  in the * Pursuant 
to Labor   Code  section  515.5,  subdivision  (a)(4),  the  Office  of  Policy,  Research  and  Legislation,  Department  of
Industrial Relations,  has adjusted  the minim um hour ly  rate  of pay specified  in this subdivision  to be $49.77,  ef fective Jan uary 1,
2007. 	

This hour ly rate  of pay  is adjusted  on October 1  of eac h 	
 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.

? 3  theoretical 
and  practical  application  of  highly  specializ ed in formation  to  computer  systems  analysis,  pro gramming,  and  software 
engineering. 
(ii) The  employee	
 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  ma nufacture,  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   fac ilitated  by  the  use  of  computers  and  computer  software  pro grams  and  who  is  skilled  in  computer-aided  design  softw are, 
including CAD/CAM, but who is not in a computer systems analysis or pro gramming occupation. 
(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 
f or  on	
  screen  media  or  who  writes  or pr ovides  content  material  intended  to be	  read  by  customers,  subscribers,  or  visitors  to 
computer-related media such as the Wor ld Wide Web 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  pu	
rpose  of  creating
imager y for effects used in the motion picture , television, or theatrical industry. 
(B) Except  as pr ovided  in sections  1, 2, 4, 10, and  20, the pr ovisions  of this order shall not apply  to any employees directly
employ ed by the State or any political subdivision thereof, including any city, co unty, or special district. 
(C) Except as provided in sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to professional actors.
(D) The provisions of this order shall not apply to outside salespersons.
(E) Provisions  of  this  order  shall  not apply  to  any  individual  who  is the   parent,  spouse,  child,  or  legally  adopted  child  of the
employer. 
(F)The  provisions  of  this  order  shall  not  apply to  any  individual  pa	
rticipating in  a  national  service  pro gram,  such  as  Ameri-
Co rps,  carried  out  using  assistance  provided  under  Section  12571 of Title  42	
 of  the   United  States  Code. (See  Stats.  2000,  ch. 
365, amending Labor Code § 1171.)  2.
DEFINITIONS
(A) An ?DOWH rnati ve workw eek VFKHGXOH?  means any regular ly scheduled workw eek requiring  an	
 employee	 to work more  than
eight (8) hours in a 24-hour period.  (B) ?%URDGFDVWLQJ  Industr\? means any industry, business,  or establishment  operated f or the  pu	
rpose  of broadcasting  or taping
and broadcasting pro grams through the medium of radio or television. 
&?&RPPLVVLRQ?  means the Industrial W elfare Commission of the State of California. 
(D) ?'LYLVLRQ?  means the Division of Labor Standards Enforcement of the State of California.
(E) ?(PSO o\?  means to engage, suffer, or permit to wor k.
(F) ?(PSO oyHH?  means any person employ ed by an employer.
(G) ?(PSO oyHU?  means any person  as defined  in Section  18	
 of  the  Labor  Code, who directly  or indirectly,  or through  an	 agent
or any other person, employs or  exercises control over the w ages, hour s, or working conditions of any person. 
(H) ?+RXUV   workHG? means  the  time  du	
ring  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)?/RFDWLRQ?  means any place other than the studio premises of the employer , at which the employer broadcasts or tapes for
broadcast all or a portion of a radio or television pro gram. 
(J) ?0LQRU?  means , 	
for the purpose of this Order , any person under the age of 18 y ears.
(K) ?2XWVLGH  6DOHVSHUVRQ?  means any person,  18	
 years if age  or over, who customari ly and  regular ly wor ks more  than half the
working  time  away  from  the  employ er?s  place  of  business  selling  tangib le or   intangib le  items  or  obtaining  orders  or  contracts  for 
products, services or use of facilities.  (L)?3rimar LO\? as used in section 1, Applicability, means more than one-half the employ ee	
?s  work time.
(M) ?6KLIW? means designated hours of wor k by an employee, with a designated beginning time and ending time.
(N) ?6SOLW  VKLIW?  means  a  work  schedule  which  is  interrupted  by  non-paid  non-working  pe
riods  established  by  the  employer ,
other than bona fide rest or meal periods.  (O)?T HDFKLQJ? means , 	
for the purpose of section 1 of this Order , the profession of teaching under a certificate from the Com- 
mission f or Teacher Preparation and Licensing or teaching in an accredited college or university. 
(P) ?W DJHV?  includes all amounts f or labor  performed by employ ees of  every description, whether  the amount  is fi xed  or  as- 
ce rtained by the standard of time, task, piece, commission basis, or other method of calculation. 
4? Wor kda\?  and  ?Ga\?  mean any consecutiv e 24-hour period beginning at the same time each calendar day. 
(R)  ?Workw HHN? and  ?w HHN?  mean any sev en	
 (7) consecutive days, starting with  the same calendar day each week.  ?Workw HHN?
is a fix ed and regula rly recurring period of 168 hours , seven (7) consecutiv e 24-hour periods. 3.
HOURS AND DAYS OF WORK
(A) Daily Overtime- General Provisions (1) The following overtime  provisions are applicab le to employ ees 18	
 years  of age  or ov er and  to employ ees 16	 or  17	 years
of  age  who  are  not required by  law  to attend   school  and are  not  otherwise  prohibited by  law  from  engaging  in the   subject  work. 
Such employ ees shall  not be employ ed more  than eight (8) hours  in any wor kday  or more  than 40	
 hours  in any workw eek unless 
the employee receives one a nd one-half (11
/2 ) times such employ
ee	
?s regular rate of pa y for all hours work ed over 40 hours in the 
workweek. Eight (8) hours  of labor constitutes a day?s wor k. Employment b eyond eight (8) hours  in any wor kday  or more  than six 
(6) days in an y workweek is permissible provided the employee is compensated for such overtime not less than:
(a) One  and one-half  (11
/2 ) times 
the employ ee	
?s regular r ate of pay f or all hours work ed in  excess  of eight (8) hours

? 4  up 
to  and  including  12	 hours in any wor kday,  and f or the  first eight (8) hours work ed	 on  the  sev enth (7 th
) consecutive day  of wor k 
in a workweek;  and 
(b) Doub le the   employ ee	
?s  regular  r ate of  pay  f or  all  hours  work ed	 in   excess  of 12	  hours  in  any  wor kday  and  f or  all
hours worked in excess of eight (8) hours on the sev en	
th (7th
) consecutiv e day of work in a workweek. 
(c) The overtime r ate of compensation required  to be	
 paid  to a nonex empt full-time salaried employ ee	 shall be
computed by using the employ ee?s regular hourly salary as one fortieth (1/40) of the employ ee	
?s  weekly salary. 
(B) Alter native Workweek Schedules
(1) No  employ er  shall  be	
  deemed  to  have  violated  the  daily  overtime  provisions  by  instituting,  pursuant  to the   election
pr ocedures set for th in  this w age order, a regular ly scheduled alter native workw eek schedule  of not more  than ten  (10) hours  per 
day  within  a  40 hour   workw eek  without  the  payment  of an	
  overtime  r ate of  compensation.  All  work  performed  in  any  wor kday 
b ey ond  the  schedule  established  by the  agreement  up  to  12  hours a  day or b
eyond  40  hours per  week shall be paid  at  one  and 
one-half (1 1
/2 ) 
times  the employ ee?s regular r ate of pay. All work  performed  in excess  of 12	
 hours  per day  and any work  in excess  of 
eight  (8)  hours  on  those  da ys  work ed  beyond  the  regular ly  scheduled  number  of  wor kdays   established  by  the  alter native 
workw eek  agreement shall  be  paid  at doub le the   employ ee	
?s  regular  r ate of  pay. Any  alter native  workw eek  agreement  adopted 
pursuant  to  this  section shall  provide  f or 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 pr ovided by 
the  alter native workweek agreement  on an	
 occasional basis  to meet the personal needs  of the  employ ee	 without the payment  of 
overtime.  No hours paid  at either 
one and one-half  (11
/2 ) 
or  doub le the   regular  r ate of   pay  shall  be	
  included in determining  when 
40	
 hours have  been worked 
for the purpose of computing overtime compensation. 
(2) Any  agreement  adopted  pursuant to  this  section  shall  provide  not  less  than  two  consecutive  da ys off   within  a
workweek.  (3)If an employer, whose employ ees have  adopted  an	
 alternative workw eek agreement  permitted by this order  requires
an	
 employ ee	 to work few er hours  than those  that are regular ly scheduled by  the agreement,  the employ er shall pay  the employee 
overtime compensation  at a rate of one  and  one-half  (11
/2 ) times 
the employ ee	
?s regular r ate of pay f or all hours work ed	 in  excess of 
eight (8) hours , and double the employ ee	
?s regular rate of pa y for all hours worked in excess of 12 hours for the day the employee 
is required to work the reduced hours. 
(4)An employ er shall  not reduce  an	
 employee	?s regular r ate of hour ly pay  as a result  of the  adoption, repeal  or nullification
of an alternativ e workweek schedule. 
(5) An  employ er  shall  explore  any  availab le  reasonab le  alter native  means  of  accommodating  the  religious  belief  or
observance  of an  affected  employ ee	
 that   conflicts  with  an adopted  alter native  workweek   schedule, in the   manner  provided  by 
subdivision (j) of Section 12940 of the Government Code. 
(6)An employ er shall  make a reasonab le effort  to find a work schedule  not to exceed eight (8) hours  in a wor kday,  in order
to  accommodate  any  affected  employ ee  who  w as  eligib le to  v ote in  an   election  authorized	
  by  this  Section  and  who is unab le  to 
work the alter native workweek schedule established as the result of that election. 
(7) An employ er shall  be	
 pe	rmitted, b ut not required,  to provide a work schedule  not to exceed eight (8) hours  in a work- 
day to accomm odate any employee who is hired after the date of the election and who is unable to work the alter native workweek 
schedule established by the election.  (8) Arrangements  adopted in a secret ballot election held pursuant  to this order prior to 1998, or under  the rules  in ef fect prior
to  1998,  and  before  the performance  of the  wor k, shall remain valid after July  1, 2000  pr ovided  that the  results  of the  election are 
repor ted  by  the  employ er to  the   Office  of  Policy,  Research  and  Legislation  by  Jan ua	
ry 1, 2001,  in  ac cordance  with  the 
requirements  of  Section  C  below  (Election  Procedures).  If an	
  employ ee	  was  voluntar ily  working  an	  alternative  workw eek 
schedule  of not   more than ten (10) hours a day  as of  July  1, 1999,  that alter native workw eek schedule w as based  on an	
 in dividual 
agreement  made  after  Jan uary  1, 1998  betw een the  employ ee	
 and   employer,  and the  employ ee	  submitted,  and the  employ er 
appr oved,   a  written  request  on  or be	
fore  May  30, 2000  to  contin ue the   agreement,  the  employ ee  may  contin ue	 to  work  that 
alter native  workw eek  schedule without payment  of an	
 overtime r ate of compensation f or the  hours  provided in  the  agreement.  An 
employ ee may revoke his  or her voluntary  authorization to  contin ue	
  such  a  schedule with  30	  days  written  notice  to the   employer. 
New  arrangem ents  can  only  be entered into pursuant to the pr ovisions of this section. 
(C) Election Procedures
Election procedures for the adoption and repeal of alternativ e workweek schedules require the following:
(1) Each proposal f or an  alternative workw eek schedule shall  be	
 in  the  form  of a written agreement proposed by  the em- 
pl oyer. The proposed agreement must designate a regular ly scheduled alter native workw eek in  which  the specified number  of wor k 
da ys and  work hours are regular ly recurring. The actual da ys work ed	
 within  that alter native workw eek schedule need  not be	 speci- 
fied. The employ er may propose a single work schedule that would become  the standard schedule f or workers  in the work unit, or 
a  me nu  of work schedule options, from which each employ ee in  the  unit would  be	
 entitled to choose.  If the  employ er proposes  a 
me nu of work schedule options , the employee m ay, with the approval of the employer, move from one menu option to another. 
(2) In  order  to be	
  valid,  the  proposed  alter native  workw eek  schedule  must  be	 adopted  in  a  secret  ballot  election,  be	fore
the  per formance  of wor k, by  at least a two-thirds (2/3) vote  of the  affected employ ees in  the  work unit. The election shall  be
 held 
du	
ring  regular  working  hours  at the   employ HHV? work  site. F or pu	rposes  of  this  subsection,  ?DIfected  employ ees in  the   work  XQLW?
may include all employ ees in  a readily identifiab le work unit, such  as a division, a  department, a job classification, a shift, a separ ate 
physical location,  or a recogniz ed	
 subdivision  of any such work unit. A work unit may consist  of an	 individual employ ee as  long as 
the c riteria for an identifiable work unit in this subsection is met. 
(3) Prior  to the   secret  ballot  v ote,  any  employ er  who  proposed  to  institute an	
  alternative  workw eek  schedule  shall  hav e
made a disclosure  in writing  to the  af fected employ ee	
s, including the ef fects  of the  proposed  arrangement  on	 the  employ HHV? wages , 
hour s, and  benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least 14	
 days prior  to voting, f or the  specific 
pu	
rpose  of discussing  the ef fects  of the  alter native workw eek schedule.  An employ er shall  provide  that disclosure  in a  non-English

? 5  language, 
as  well  as in   English,  if at least  five  (5)  percent  of the  af fected  employees  primar ily  speak  that non-English  language . 
The employ er shall mail the  written disclosure to employees who do not  attend the meeting. Failure to  comply with this para graph 
shall mak e 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  af fected
employ ees. The  employ er  shall  bear the   costs  of  conducting  any  election  held  pursuant  to  this  section. Upon  a  complaint  by  an 
af fected employee,  and after an	
 investigation by  the Labor  Commissioner,  the Labor  Commissioner may  require  the employ er to 
select a neutral third party to conduct the election. 
(5) Any  type  of  alternative  workw eek  schedule  that is  autho rized	
  by  the Labor   Code  may  be	  repealed  by  the af fected
employ ees. Upon a petition  of one-third (1/3)  of the  af fected employ ees, a new secret ballot election shall  be	
 held and a two-thirds 
(2/3)  v ote of  the  affected  employ ees  shall  be	
  required  to  reverse  the  alter native  workw eek  schedule. The  election  to  repeal the 
alter native workw eek schedule shall be  held not more than 30 da ys 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 employ ees voted  in  an	 election held  to adopt 
or   repeal  an	
  alternative  workw eek  schedule. The  election  shall  take  place du	ring  regular  working  hours  at the   employ HHV? wor k 
sit e. If  the  alternative  workw eek  schedule  is  revok ed, the  employ er  shall  comply  within  60	
  days. Upon   proper  showing  of  undue 
hardship , the Division of Labor Standards En forcement may gr ant an  extension of time for compliance. 
(6) Only secret ballots may  be cast by  affected employ ees in  the  work unit  at any election held pursuant  to this Section.
The results of  any election conducted pursuant to this Section shall be  reported by the  employ er to the  Office of Policy, Research 
and  Legislation  within  30	
  days  after  the  results  are  final,  and the  report  of  election  results  shall  be	  a pu	blic  document.  The 
report shall include the final tally of the v ote, the size of the unit, and the nature of the business of the employer. 
(7) Employ ees af fected by a change  in the  work hours resulting from  the adoption  of an	
 alter native workw eek schedule ma y
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  alter- 
nati ve  workweek.  No  employ ees  shall  be  discharged  or  discriminated  against f or  expressing  opinions concerning  the  alter native 
workw eek election or  for  opposing or  supporting its adoption or  repeal. However, nothing in  this section shall prohibit an employer 
from expressing his/her position concerning  that alter native workw eek to  the  af fected employ ee
s. A violation of this  pa	ragraph shall 
be subject to Labor Code section 98  et seq. 
(D) One 
and one-half  (11
/2 ) times a minor
?s regular r ate of pay shall  be	
 paid for all work ov er 40	 hours  in any workw eek except
that minors 16 and 17 years old who are not required by law to attend school  and may therefore be employ ed for the same hours 
as an adult are subject to subsection (A) or (B), and (C) above.  (VIOLATIONS  OF CHILD LABOR LA WS are subject  to civil  penalties  of from  $500  to $10,000  as well  as to criminal penal- 
ties.  Refer  to California  Labor Code sections  1285 to 1312  and 1390  to  1399 f or additional restrictions  on	
 the  employment 
of   minors  and  for  descriptions  of  criminal  and  civil  penalties  f or  violation  of the   child  labor  laws. Employers  should  ask 
school districts about any required work permits .) 
(E) An  employ ee	
  may be	  employ ed  for   sev en	  (7)  da ys in  one  workw eek  when  the total   hours  of  employment  du	ring  such
workweek do not exceed 30 and the total hours of employment in any one wor kday thereof do not exceed six (6). 
(F) If  a  meal  pe	
riod  occu rs on	  a  shift  beginning  or  ending  at or bet ween  the   hours  of 10	  p.m.  and  6  a.m.,  facilities  shall  be
availab le for  securing  hot food and drink  or for  heating f ood or drink,  and a suitab le sheltered place shall  be	
 pr ovided  in which to 
consume such food or drink.  (G) The  provisions  of Labor  Code  §§	
 551  and 552 regarding  one (1) day?s rest  in sev en	 (7) shall  not be	 constr ued to prevent
an	
 accumulation  of da ys of  rest when  the nature  of the  employment reasonab ly requires  the employ ee to work sev en	 (7) or more 
consecutive days;  provided, however, that  in each calendar month, the  employee	
 shall receive the  equivalent of  one (1) day ?s rest 
in seven (7).  (H) Except  as pr ovided  in subsections (D)  and (G), this section shall  not apply to any employ ee	
 covered by a valid collec tive
bargaining agreement  if the  agreement expressly  provides f or the  wage s, hours  of wor k, and working conditions  of the  employ ee	
s, 
and  if the   agreement  provides  premium  w age  rates  for   all  overtime  hours  work ed	
  and  a  regular hourly   r ate  of  pay  f or  those 
employees of not less than 30 percent more than the state minimum w ag	
e. 
(I) Notwithstanding  subsection  (H)  ab	
ove,  where the  employ er and   a  labor  organization  representing  employ ees of  the
em ploy er  have  entered  into  a  valid  collective  bargaining  agreement  pe	
rtai ning  to the   hours  of  work  of the   employ ee	s, the  
requirement  regarding  the equi valent  of one  (1)  day ?s  rest  in  sev en  (7)  (see  subsection  (G)  ab	
ove)  shall  apply,  unless  the 
agreement expressly provides otherwise. 
(J)If an	
  employ er appr oves   a  written  request  of an	  employ ee to  ma ke-up  work  time  that is  or  would  be	  lost as  a  result  of a
personal obligation  of the  employee,  the hours  of that  ma ke-up	
 work time,  if per formed  in the  same workw eek in  which  the wor k 
time  w as  lost,  may  not be	
  counted  tow ard  computing  the  total  number  of  hours  work ed	 in   a  day  f or pu rposes  of the   overtime 
requirements,  except  f or  hours  in  excess  of 11   hours  of  work  in one   (1)  day  or 40	
  hours  of  work  in one   (1)  workweek.  If an  
employee kno ws in  ad	
vance  that he	 or   she  will  be	  requesting  make-up  time  f or  a  personal  obligation  that  will  recur  at  a fixed  
time  ov er  a  succession  of  w eek s, the   employ ee  may  request  to ma ke-up	
  work  time  f or up	 to  f our  (4)  weeks  in ad	vance; 
pr ovided,  however,  that  the ma ke-up	
  work  must  be	 per formed  in the   same  w eek  that  the  work  time  w as  lost.  An  employ ee 
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  employ er  may  inform  an
  employ ee	 of   this  make-up	  time  option,  the  employ er is  prohibited  from 
encouraging  or  otherwise  soliciting  an  employ ee	
 to   request  the  employ er?s  appr oval to  take  personal  time  off  and  make-up	  the 
work hours within  the same workweek pursuant to this subsection. 
(K) The  provisions  of this section shall  not apply  to any person employ ed	
 as  an	 announcer, ne ws editor,  or chief engineer, b y
a radio or television station in a city or town which has a population of 25,000 or less.

?6 4.
MINIMUM WAGES
(A) Every employer  shall pay to each employee  wages not less than the following:
(1) Any  employer  who employs  26 or more  employees  shall pay to each  employee  wages not less  than  the following:
(a) Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked,  effective  January 1, 2017;
(b) Eleven  dollars ($11.00)  per hour  for all hours  worked,  effective  January 1, 2018;
(c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2019; and
(d) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020 .
(2) Any  employer  who employs  25 or fewer  employees  shall pay to each  employee  wages not less  than  the following:
(a) Ten  dollars  ($10.00)  per hour  for all hours  worked,  effective  January 1, 2016  through  December  31, 2017; 
(b) Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked,  effective  January 1, 2018 ;
(c) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and
(d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020.  Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are 
treated 
as employees of that single taxpayer.  LEARNERS. Employees during their first 160	
  hours of employment  in occupations
in	
 whic h they have  no	
 previous similar or related experience,  may be paid not less than 85 percent of  the minimum wage 
rounded to 	
the nearest nic kel. 
(B) Every 	

employe r  shall  pay  to	
   each  employee,  on the  established  pay day  for the  period  invo l	ved,  not  less  than the
applicable  minimu m  wage	
   for  all  hours  worke d in  the  payroll  period,  whether  the	  remu neration  is	  measured  by  time,  piece, 
commission, or otherwise. 
(C)When  an	

 employe e	
  works a split shift,  one (1) hour	 ?s pay at the minimu m wage 	shall be paid  in addition  to	 the minimum
wa ge for that work day, except when the employee resides at the place of  employment. 
(D) The  pr	

ovisions  of this Section shall  not apply to	
 apprentices regularl y indentured under the State Division  of Apprentice- 
ship Standards.  5.
REPORTING TIME  PAY
(A) Each wor kday an employ ee is r	
equired to report f or work  and does  r	epor t, b ut  is not put to work or  is fur	nished less than
half said employ ee?s usual  or scheduled day ?s wor k, the  employ ee shall  be paid f or 	
half  the usual  or scheduled day ?s wor k, b ut in 
no  ev ent  for   less  than  two  (2)  hours  nor  more  than  four   (4)  hour s, at  the   employ ee?s  regular  r ate of  pay,  which  shall  not be  less 
than the mini mum wage. 
(B) If an  employ ee is required  to report f or work a second time  in any  one wor kday  and  is fur	
nished less  than two ( 2) hours
of  work  on the second reporting, said employ ee shall be paid f or two (2) hours  at the  employ ee?s
 regular r ate of pay, which shall 
not be less than the mini mum wage. 
(C) The foregoing reporting time pay provisions are not applicable when: (1) Operations  cannot  commence  or 	
 continue due  to  threats  to	   employees or   property;  or  when  recommended  by  civil
authorities;  or 
(	
 2)Pu blic utilities fail to supply electr icity, w ate	
 r, 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 employ er?s control.
(D) This section shall  not apply to an employ ee	
 on paid standby status who  is called to	  per form assigned work  at a time other
than the empl oyee? 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
p	
h ys ical  disability  or  mental  deficiency  at  less than the  	
 minimum  wag e. Such  licenses  shall  be granted   only  upon  joi	nt 
application  of employer and employ ee 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 employ ees. 
(	

C) All  such  licenses  and  special  licenses  shall  be	
  renewed on  a  y early  	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 dat e, if under 18 y ears, and designation as a mino r.
(3) Time records  showing when  the employ ee begins  and ends  	
each work  pe
riod. Meal  periods, split shift intervals andtotal 
daily hours work
ed shall also be recorded. Meal  periods during which  operations cease  and authorized rest  periods  need not 
be recorded.  (4)Total w ages paid each payroll  period, including value of board, lodging, or other compensation actually  furnished to
the employee. 
(5)Total hours work ed in the payroll  period and applicab le rates of pay. This  inf	
ormation shall  be made readily available
to the empl oyee upon reasona ble request. 
(6) When a piece r ate or incentive plan  is in operation, piece r ates or an explanation  of the incentive plan formula shall be
provided to employe es. An accurate production record shall be maintained by  the employer. 
(B) Every  employe r  shall  semimonthly  or at the  time  of  each  payment  of  wages furnish  each  employee,  either  as  a
detachable  part  of the  check ,  draft, or  voucher  paying  the  employee?s  wages, or  separa tely, an  itemize d  statement  in  writing 
s	
howing: (1) all deductions; (2)  the inclusive dates of the  period fo r which the employe e is paid; (3) the name  of the employe e or 
the employe e?s social security number;  and (4) the name  of the employer,  provided all deductions made  on written orders of the 
employe e may be aggregated and shown as one item.

? 7  8.
CASH SHORTAGE AND BREAKA GE
No  employ er shall  make any deduction from  the wage  or  require any reimbursement from  an employee for  any cash shor tage,
breakage,  or loss  of equipment, unless  it can  be shown  that  the shor tage, 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  employ er to  be	
  worn  by  the  employ ee as   a  condition  of  employment,  such  uniforms
shall  be pr ovided  and  maintained  by  the  employer. The  te
rm ?XQL forP?  includes  w earing  apparel  and  accessories  of  distinctiv e	 
design or color.  NOTE:  This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board. 
(B)	
 When tools  or equipment are required by  the employ er or  are neces sary to	 the  per formance  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 
w age	
 pr ovided herein may  be required  to	 pr ovide  and	 maintain  hand	 tools and	 equipment customar ily required by  the trade  or craft. 
This subsection (B) shall not apply to apprentices 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 reasonab le deposit may  be required as security f or the  return  of the  items  furnished by  the employ er under  pr ovisions of
subsections (A) and (B) of this section upon issuance of a receipt to the employ ee for such deposit. Such deposits shall be made 
pursuant  to	
 Section 400	 and	 following  of the  Labor  Code  or an employ er with  the prior written  autho	rization of the  employ ee may 
deduct  from  the  employ ee	
?s  last  check  the  cost  of  an  item  furnished  pursuant  to  (A)  and  (B)  above in the   event  said  item  is  not 
retur ned. No  deduction shall be	
 made  at	 any time f or no	rmal w ear and  tea r. All items  furnished by  the employ er shall  be	 returned 
by the employ ee upon completion of the jo b. 10.
MEALS AND LODGING
(A) ?0HDO?  means an adequate , wel l-balanced serving of a variety of wholesome , 	
nut	ritious f oods.
(B)  ?/RGJLQJ?  means living accommodations availab le to  the  employ ee 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  minim um  wage	
  without  a  voluntary  written  agreement  between	 the
em ploy er and  the  employee. When  credit  f or  meals  or  lodging  is  used  to  meet  part of the   employ er?s  minim um  wage  obligation, 
the amounts so credited may not be more than the following:  (D) Meals  evaluated 
as part  of the   minim um  wage  must  be bona   fide  meals  consistent  with  the  employ ee?s  work  shift.
Dedu c	

tions shall not be made for meals not received nor lodging not used. 
(E) If,  as a condition  of employment,  the employ ee 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 employ er shall employ any person f or a work period of  more than five (5) hours without a meal period of  not less than
30  min utes  except  that  when  a  work  period  of not  more  than six   (6)  hours  will  complete  the  day ?s  work  the  meal  period  may  be 
w ai ved  by  m
utua l	

 consent of the employer and employee. 
(B) An  employ er  may  not  employ  an  employee  for  a  work  period  of  more  than ten   (10)  hours  per  day  without  providing  the
employ ee with a second meal  period of not less  than 30  minutes, except  that if  the  total hours work ed is  no more  than 12  hour s, 
the  sec

ond meal  period may  be waived  by m utual c	
 onsent of the  employ er and  the employ ee only  if the  first meal  peri	 od was not 
w ai ved.  
(C) Unless  the employ ee is reliev ed of  all  duty  during a  30 minute meal  pe	
 riod, the meal  period shall  be considered  an ?RQ  GXW\?
meal  period  and counted  as time work ed. An ?RQ  GXW\?  meal  period shall  be permitted only when  the nature  of the  work  prev ents  Room 
occupied alone ...........................................................   $51	
.73/
week  $6
1.1	3/
week  $56.43/
week 
Room  shared  ...............................	
........................................   $42.70	/
week  $50.46	/
week
  $46	
.58/
week 
Apartment  — two  thirds	
 (2/3) of  the	 ordinary	  renta	l value,  and in no 
event more than   .................................................................	
 
Where	
  a  couple	 are  both  employed  by the  employer,	 two  thirds (2/3)  
of	
 the ordinary r	ental  value,	 and  in no	 even	t more than  ..........
MEALS 
Breakfast	
  ........................................................................\
....	   $3.
98  $4.	70  $4.34 
Lunch  .................................................................................	
  $5.47 
$	6.47 $5.97 
Dinner	
  ................................................................................
  $	7.34
  $	8.68  $8	.01 
$621.28/
month
  $919.02/
month $677.75/
month
$1086.07/ month
$734	
.21/
month
$1002.56/month	
 
$1002.56/
month
$677.75/
month
$46.58/
week
$56.43/
week
LODGING
  JANUARY 1, 2017
 
26 or More 25 or Fewer  Employees 	
Employees	 
EFFECTIVE:
For	
  an  employer	 wh	o  employs: $49.38	
/
week 
$40.76/ week 
$	
3 .80  
$
5.22  
$7.0
9  
$	
593.05
/
month
month	
 
$	877.2
7/$	
47.03	/
week 
$38.82/ week 
$3.
62  
$
4.97  
$6
.68  
$	
564.81
/
month
month 
$835.49
/$5	
1.7	3/
week 
$42
.70/
week 
$3	
.98  
$
5.47  
$
7.35  
$621.2	
9/
month
month
 
$	919.0
4/$	
49.38/
week 
$4	
0.76/
week 
$3
.80  
$
5.22  
$7.01 
$593.0
5/
month
month
 
$877.2
6/ $4.34
$5.97 $8.01 J	
ANUARY 	1, 2018
 
26 or More	
 25 or Fewer 
Employees Employees	
  J
ANUARY  1,	
 201	9 
26	
 or More	 25 or  Fewer 
Employees Employees  J
ANUARY	
 1, 	2020  
26	
 or 	More 	25 or Fewer	 
Employees	
 Employees	       
(C)  All  required  records  s	
hall  be  in  the  English  language  and  in  ink  or  other  indelible  form,  properly  dated,  showing  month, 
day  and  y	
ear,  and  shall  be  kept  on  file  by  the  employ	er  for  at  least  three  years  at  the  place  of  employment  or  at  a  central 
location  within  the  State  of  California.  An  employee’s  records  shall  be  av	
ailable  for  inspection  by  the  employee  upon 
reas	
onable request. 
   (D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as prac	
ticable.

? 8  an employ
ee from being reliev ed	 of  all  duty  and when by written agreement  between the  pa	rties an	 on -the -job paid meal  pe	riod is 
agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. 
(D)If an	
 employ er fails  to provide  an	 employ ee	 a meal  period  in accordance with  the applicab le pr ovisions  of this Order, the
employ er shall pay  the employ ee one  (1)  hour of  pay  at the employ ee?s regular r ate of compensation f or each work day  that the 
meal period is not provided.  (E)In all places  of employment where employ ees are required  to eat  on	
 the  premises, a suitab le place f or that  pu	rpose shall
be designated.  12.
REST PERIODS
(A) Every employ er shall  authorize  and pe	
rmit all employ ees to  take rest  pe	riods, which insof ar as  practicab le shall  be	 in  the
middle  of each work  pe	
riod. The authorized  rest  pe	riod time shall  be	 based on	 the  total hours work ed daily  at the  rate  of ten  (10) 
mi nutes  net rest time  per four  (4) hours  or major fraction thereof. However, a rest  period need  not be autho rized	
 for  employ ees whose 
total  daily work time  is less than three  and one-half  (31
/2 ) 
hour s. Autho rized	
 rest  pe	riod time shall  be	 counted as hours work ed	 for 
which there shall be no deduction from w ages. 
(B) If an	
  employ er  fails  to provide  an	  employ ee	  a  rest pe	riod in  accordance  with  the  applicab le pr ovisions  of  this  Order,  the
employ er shall pay  the employ ee one  (1)  hour of  pay  at the employ ee?s regular r ate of compensation f or each work day  that the 
rest period is  not provided.  13.
CHANGE ROOMS AND RESTING FACILITIES
(A) Employers shall  provide suitab le lo cker s, closets,  or equivalent f or the  sa fekeeping  of employ HHV? outer  clothing  du	
ring
working  hours, and when required, f or their work clothing  during  non-working  hours. When  the occupation requires a change  of 
clothing, change rooms  or equi valent space shall  be	
 pr ovided  in order  that employ ees may change their clothing  in reasonab le 
privacy and comfor t.	
 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) Suitab le resting facilities shall  be	
 pr ovided  in an	 area separ ate from the toilet rooms and shall  be	 available to employees
du	
ring work hours.  14.
SEATS
(A) All  working  employ ees  shall  be pr ovided  with  suitab le  seats  when  the  nature  of the   work  reasonab ly pe	
rmits  the  use  of
seats.  (B) When employ ees are  not engaged  in  the  active duties  of their employment  and the nature  of the  work requires standing,
an adequate  number of 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 reasonab le 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  employ er  shall  take  all  feasib le  means  to  reduce  such
excessive  heat or humidity  to a  de	
gree  providing reasonab le comfor t.	 Where  the nature  of the  employment requires a temperature 
of  less  than 60°  F.,	
 a  heated room shall  be	 pr ovided  to which employe es may retire f or warmth,  and such room shall  be	 maintained 
at not less than 68°.  
(C) A temperature  of not less  than 68°  shall  be	
 maintained  in the toilet rooms, resting rooms,  and change rooms  du	ring hours
of use. 
(D) F ederal and State energy guidelines shall prevail over any conflicting provision of this section. 16.
ELEVATORS
Adequate  elev ator, escalator  or similar  service consistent with industry-wide standards f or the  nature  of the  process  and the
work performed shall be provided when employees are employ ed 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  en	
forcement  of any provision contained  in Section  7,
Records; Section  12, Rest Periods; Section  13, Change Rooms and Resting Facilities; Section  14, Seats; Section 15, Temperature; 
or  Section  16, El ev ator s, would  not materially  affect  the welfare  or comfort  of employ ees and would work  an	
 undue hardship  on	 the 
employer, ex emption may  be	
 made at the  discretion  of the  Divisio n. Such  exemptions shall  be	 in  writing  to be	 effective  and may be 
revok ed  after  reasonab le  notice  is gi ven  in   writing. Application  f or ex emption  shall  be	
 made  by the  employ er or   by  the  employee 
and/or  the  employ ee	
?s representative  to the  Division  in writin g. 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  REPOR TS
(See California Labor Code, Section 1174(a))

? 9  19.
INSPECTION
(See California Labor Code, Section 1174) 20.
PENALTIES
(S ee Labor Code, Section 1199)
(A) In addition to  any other civil penalties pr ovided by law, any employ er or  any other  person acting on  behalf of the em ployer
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 	
f or each  underpaid employ ee for each pay  pe	 riod during which  the e	 mployee was unde rpaid
i	
n addition to the amount which is sufficient to recover unpaid w ages. 
(2) Subsequent Violations  ? $100.00	
  for  each  underpaid employ ee for each pay  pe	 riod during which  the 	 employee was
under	
paid in addition to an amount which is sufficient to recover unpaid w ages. 
(3) The affected employee shall receiv e payment of all wages recovered.
(B) The  Labor  Commissioner  may  also  issue  citations  pursuant  to  Labor   Code  § 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
po	

rtion  of this Order should  be	
  held invalid or unc	 onstitutional or unautho rized  or prohibited by statute,  the 	 remaining provisions 
thereof  shall  not be  affected  thereby,  b ut  shall  continue to  be  given  full  force  and  eff	
ect as if  the  part  so  held  invalid  or 
unc	
onstitutional h ad not been included herein.  22.
POSTING  OF ORDER
Every employ er shall k eep a copy  of this Order posted  in an  area frequented by employ ees where  it may  be easily read  during
the  w	

ork day. Where  the location  of work  or other  conditions  make this impractical, every employ er shall k eep a copy  of this Order 
and make it available to every employ ee upon request.  Q
UESTIONS AB OUT ENFORCEMENT of  the Indust rial 
Welfar e Commission  orders and reports  of violations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Offic	
e" on the internet or any 
other directory.   The Labor Commissioner  has offices  in the  followin g 
cities: B akersfield,  El Centro,   Fr esno, L ong Beach,  Los Angeles, 
Oakland, R edding, Sacramento, S alinas, San Bern ardino,  San 
Diego,  San Fra nc	
isco, San Jose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  SUMMARIES I
N OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RESUMEN EN OTRO S	
 IDIOMAS 
El  Depart amento  de Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603.  Depart
ment of Industrial Relations  
P.O.  Box  420603  
San F rancisco, CA 94 142-0603