California Free Printable General Labor Law Poster Posters California Industrial Welfare Commission (IWC) Wage Order #13 Industries Preparing Agricultural Products for Market, on the Farm Poster

The Industrial Welfare Commission (IWC) Wage Order #13 Industries Preparing Agricultural Products for Market, on the Farm 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 industries preparing agricultural products for market, on the farm.

This poster, written in Spanish, must be posted in a conspicuous place where all Spanish speaking employees will see it for any Industries preparing agricultural products for market and on the farm employers. This poster describes the standards and laws that must be followed in the Industries preparing agricultural products for market and on the farm.


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 .

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OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 13-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE	 

INDUSTRI ES  PRE PARI NG   A GRICU LTURAL
 

PRODUCT S FOR  MARKE T, ON  THE FARM
 
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 1113 (Rev. 11/2018)
OSP 06 98771

? 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 201 6 
and section 1182.13 of the Labor Code

INDUSTRIA L WELFARE COMMISSION 
ORD ER NO . 13-2001 
REGUL ATING 
WAG ES, HOUR S AND 	
WORKIN G CONDITION S IN THE 	
INDUSTRIES PREPARING AGRICULTURAL PRODUCTS FOR MARKET,  ON THE FARM	  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  Welfare  Commission ?s  Orders as a 	
result  of legislation  enacted  (SB  3,  Ch. 4,  Stats  of 2016,  amending  section 
1182.12  of  the  California  Labor  Code ),  and pursuant  to  section  1182.13 of the  California  Labor Code. The  amendments  and 
republishing make  no other changes to the IWC?s Orders. 1.
APPLICABILITY  OF  ORDER
This order shall apply  to all  persons employed in industries preparing agricultur al 	
 products for ma rket,  on  the  far m, whether
paid on a time, piece r ate, commission, or other basis , except that: 
(A	

) Pr ovisions  of  Sections  3  through  12  of  this  Order  shall  not  apply  to  persons  employed  in  administr ative, ex ecutive,  or
pr ofessional  capacities. The  following  requirements  shall  apply  in dete rmining  whether  an  employee?s 	
 duties  meet the  test  to 
qualify for 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 enterprise in which he or she is employed or of
a customarily recogniz ed 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  employ ees or  whose suggestions  and recommendations  as to  the  hi ring
or  fi ring  and as to  the  advancement  and pro	
 motion 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 test  of the  ex emption. The activities constituting  exempt wor k
and  non-ex empt work shall  be construed in  the  s	
 ame 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 
c	

arrying  out exempt  functions. The  work  actually  performed  by  the  employ ee during  the  course  of the  	
 work  week must,  first  and 
foremost,  be examined  and 	
 the 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  earn  a  monthly  salary  equival	
 ent to no  less  than  two  (2)  times  the 	 state  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  related  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 administr ative
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 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 construed in  the  s	
 ame 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 view 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 employ ee spends  on such wor k, together  wi	 th the  employ er?s realistic

? 2  expectations 
and the  realistic requirements  of the  jo b, shall  be considered  in determining whether  the employ ee	 satisfies this 
re quirement. 
(g) Such employ ee	
 must also ea	rn a monthly salary  equivalent  to no	 less  than two (2) times  the state minim um wage
for full-time employment. Full ?time 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 the following requirements: 
(a) Who 
is  licensed  or ce rtified  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 primar ily engaged  in  an	
 occupation commonly recogniz ed	 as  a lear ned or artistic profession. F or the
pu	
rposes of this subsection,  ?OHDrned 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
prolonged 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 
pa	
rt of or necessarily incident to any of the abov e work; or  
(ii) Work  that is   original  and  creative  in  character  in  a  recogniz ed	
  field of  artistic  endeavor  (as  opposed  to
work which can  be	
 produced by a person  endowed	 with gener al ma nual  or  intellectual ability  and training), and the result  of which 
depends  primarily on	
 the invention, imagination,  or talent  of the  employ ee	 or  work  that is  an	 essential  part of or  necessar ily incident 
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	
 standardized 
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 graphs (a) and (b). 
(d) Who  ea	
rns   a  monthly  salary  equivalent  to no	  less  than  two  (2)  times  the  state  minim um  wage  f or  full-time
employment. Full-time employment is defined in Labor Code §515 (c) as 40 hours per week.  (e) Subparagraph  (b)  ab	
ove  is intended  to be	 constr ued in  accordance with  the following  provisions  of feder al la w
as  they existed  as of  the  date  of this Wage 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  subpara graph,  pharmacists  employ ed	
 to   engage  in the   practice  of
pharmacy,  and  registered  nurses  employ ed	
 to  engage  in the   practice  of  nursing,  shall  not be	  considered  exempt  professional 
employ ee	
s,  nor  shall  they be  considered  exempt  from  cover age  for the  pu	rposes  of  this  subpara graph  unless  they  individually 
meet  the criteria established for  exemption as  executive or administr ative employ ee	
s. 
(g) Subpara graph (f) above, shall not apply to the following advanced practice nurses shall:
(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 re- 
quired 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 provided in subpara graph (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 employ ee is primar ily engaged in  work that is  intellectual or  creative and that requires the  exercise of
discretion and independent judgment. 
(ii) The employee is primarily engaged in duties that consist of one or more of the following:?The  application  of  systems  analysis  techniques  and  procedures,  including  consulting  with  users,  to
determine hardw are, softw are, or system functional specifications. 
? The design, development, documentation, analysis, creation, testing,  or modification  of computer
systems or pro 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 oper ating systems. 
(iii) The  employ ee is  highly  skilled  and is  proficient  in the   theoretical  and  practical  application  of  highly
specializ ed	
 in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering.  A  job  title  shall  not be 
determinative of the applicability of this  exemption. 
(iv) The employ ee?s  hour ly rate  of  pay  is not less  than forty-one  dollars ($41.00). The Office of Policy, Research
and  Legislation  shall  adjust  this  pay  r ate on	
  October  1  of  each  y ear to  be	 ef fective  on	  Janua	ry  1  of the   following  y ear  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* 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 hou rly  rate  of pay specified  in this subdivision  to be $49.77,  ef fective Jan ua	
ry 1,
2007.  This hour ly rate  of pay  is adjusted  on	
 October 1  of each y ear to  be	 ef fective  on Jan ua	ry 1, of the  following y ea	r, and may
be	
 obtained  at www.dir.ca.gov/IWC  or by mail from the Department of Industrial Relations.

? 3  the
 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 employee 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 facilitated by  the use  of computers  and computer software progr ams 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,
documentati on, promotional material, setup  and installation instructions, and other  similar written  information, either f or print  or for  
on	
  screen  media  or  who  writes  or pr ovides  content  material  intended  to be	  read  by  customers,  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, county, or special district. 
(C) The provisions of this Order shall not apply to outside salespersons.
(D) Provisions  of this Order shall  not apply to any individual  who  is the  parent, spouse, child,  or legally  adopted child  of the
employer. 
(E) The  provisions  of  this  Order  shall  not  apply to  any  individual  pa	
rticipating in  a  national  service  pro gram,  such  as
AmeriCorps, carried  out using assistance  provided  under Section  12571 of  Title  42	
 of  the United States Code. (See Stats.  2000, 
ch. 365, amending Labor Code § 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)?&RPPLVVLRQ?  means the Industrial W elfare Commission of the State of California.
(C) ?'LYLVLRQ?  means the Division of Labor Standards  Enforcement of the State of California.
(D) ?(PSO o\?  means to engage, suffer, or permit to wor k.
(E) ?(PSO oyHH?  means any person employ ed by an employer.
(F) ?(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. 
(G)  ?+RXUV  workHG? means  the time  du	
ring which  an	 employee is subject  to the  control  of an  employer,  and includes all the time
the employ ee is suffered or permitted to work, whether or not required to do so. 
(H)  ?,QGXVW ries Preparing Agricultur al Products f or Ma rket,  on	
 the  Far P? means any  operation performed  in a  pe	rmanently  fixed
st ructure  or  establishment  on the   farm  or on   a  moving  pa	
cking  plant  on	 the   farm  f or the  pu rpose  of  preparing  agricultural, 
ho	
rticultural,  egg,  poultry,  meat,  seaf ood,  rabbit,  or dai ry  products  f or ma rket  when  such  operations  are  done on the   premises 
owned  or  oper ated by  the  same  employer  who  produced  the  products  referred  to  herein  and  includes  all  operations  incidental 
thereto. 
(I)?0LQRUV?  means, 	
for the purpose of this Order , any person under the age of 18 y ears.
(J) ?2XWVLGH  6DOHVSHUVRQ?  means any person,  18 years  of age  or over, who customar ily 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. 
(K)?3rimar LO\? as used in Section 1, Applicability, means more than one-half the employ ee?s  work time.
(L) ?6KLIW? means designated hours of wor k by an employee, with a designated beginning time and ending time.
(M) ?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.  (N)?T HDFKLQJ? means, f or 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. 
(O) ?W DJHV?  includes all amounts f or labor  performed by employ ees 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)?Wor kda\?  and  ?Ga\?  mean any consecutiv e 24-hour period beginning at the same time each calendar day.
(Q)  ?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 hour s, s even (7) consecutiv e 24-hour periods. 3.
HOURS AND DA YS 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 and  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 under the following conditions:

? 4  (a) Any work by an employ
ee in excess of  72 hours in  any one workw eek shall be on  a voluntary basis.  No em	 ployee
shall  be discharged  or in  any  other  manner discriminated against  or refusing  to work in excess  of 72  hours  in any  one workweek; 
and 
(2) Overtime hours shall be compensated at:(a) One  and one-half (1 1
/2 ) times 
the employ ee?s	
 regular r ate of pay f or all hours work ed in  excess  of eight (8) hours
up  to	
 and  including  12 hours in 	any wor kday,  and f or the  first eight (8) hours work ed on the 	sev enth (7th
) 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 seventh (7 th
) 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
c	
omputed by using the employ ee?s regular hourly salary as one fortieth (1/40) of the employ ee?s w	
eekly 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
procedures 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   workweek   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 
 bey ond  40 hours  per  week  shall  be paid  at	 one  and 
one-half  (11
/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  beyo	
nd  the  regular ly  scheduled  number  of  wor kdays   established  by  the 
alter native  workweek  agreement  shall  be  paid at dou ble  the  	
 employee?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 f or another  day of the  same length 
in  the  shift  provided by  the alter native workw eek  agreement  on an  occasional  basis  to 	
 meet the  personal  needs of  the   employ ee 
wi	
thout  the  payment  of  overtime.  No  hours  paid 
at  either one and one-half  (1 1
/2 ) 
or  doub le the   regular  r ate of  pay  shall  be 
included in  determining when 40  hours have 
been  w	

orked 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  each
workweek. 
(3)If an employer, whose employ ees have adopted  an alternative workw eek 	
 agreement permitted by this order requires
an employee to wor k fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee 
overtime compensation  at a r ate  of one  and  one-half (1 1
/2 ) times 
the employ ee?s	
 regular r ate of pay f or all hours work ed in  excess of 
eight (8) hour s, and double the  employ ee?s	
 regular r ate of pay for all hours work ed in e	xcess 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  aff	
ected  employ ee that   conflicts  with  an adopted	   alternative  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 ef fort  to find a work schedule  not to exceed eight (8) hours  in a wor kday,  in order
to  accommodate  any  affected  employ ee  who  was 	
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 permitted, b ut	
 not required,  to provide a work schedule  not to exceed eight (8) hours  in a work- 
day to accommodate any employ ee who is hired after the date
  of the election and who  is unable to work the  alternative 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 per formance  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 uary 1,	
 2001,  in   accordance  with  the 
requirements  of  Section  C  below  (Election  Procedures).  If an  employ ee  was 	
voluntar ily  working  an  alternativ	e  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 individual 
a	

greement  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 before  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  for the   hours  provided  in  the  agreement. 
The  employ ee  may  revoke  his  or  her  voluntary  autho	
 rization to  contin ue  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 alternativ e workweek schedules require the following:
(1) Each  proposal  f or an  alter nativ	
e  workw eek  schedule  shall  be in the  	form  of  a  written  agreement  proposed  by  the
employer. The proposed agreement must designate a regular ly scheduled alter native workw eek in  which  the specified number  of 
work days and work hours are regularly recurring. The actual days worked within that alter native workweek schedule need not be 
specified. 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 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 alter native workw eek schedule must  be adopted in 	
 a secret ballot election,  before
the  per f	
ormance  of wor k, by  at least a two-thirds (2/3) v ote of the  af fected employ ees in  the  work unit. The election shall  be held 
during  regular  working  hours  at	
 the   employ HHV? work  site. F or pu rposes  of  this  subsection,  ?DIfected  employ ees in  the   work  XQLW?
may include all employ ees in  a readily identifiab le work unit, such  as a division, a  department, a job classification, a shift, a separate 
physical location, or a recognized subdivision of any such work unit.  A work unit may consist of an individual employee as long as

? 5  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 effects  of the  alter native workweek  schedule. An employ er shall  provide  that disclosure  in a  non-English 
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  workw eek  schedule  shall  be	  held at the   work  site  of the  af fected
employ ee	
s. 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  alter native  workw eek  schedule  that is  autho rized	
  by  the Labor   Code  may  be	  repealed  by  the af fected
employ ee	
s. 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 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 employ ees voted  in an	 election held  to adopt or 
repeal  an alter native workweek schedule. The election shall  take place du	
ring regular working hours  at the  employ HHV? work  site. If 
the  alter native 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 Enforcement ma y 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
may not be required to wor k those ne w work hours for at least 30 days after the announcement of the final results of the election. 
(8) Employers  shall  not  intimidate or  coerce  employ ees to  vote  either  in  support  of or  in   opposition  to  a  proposed  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 
penalties . 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  for  violation  of  the  child  labor  laws.  Employers  should  ask  school 
districts about any required work permits .) 
(E) An employ ee	
 may be employ ed on sev en	 (7) wor kdays  in  one  workw eek when the  total hours of  employment during 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, du	
ring any wor kday  an	 employ er declares a work recess  of one -half (1/2)  hour or  more,  other than  a meal  pe	riod, and the
employ er notifies  the employ ees of  the  time  to report  ba	
ck for work  and pe	rmits  them to  leave  the premises, such recess  need not 
be	
 treated  as hours work ed	 pr ovided  that there shall  not be	 more  than two (2) such recess  pe	riods within one shift and  the total  du- 
ration does not exceed two (2) hours. Wor k stoppages of less than one-half (1/2) hour may not be deducted from hours work ed. 
(G) If  a  meal  pe	
riod  occurs  on	  a  shift  beginning  or  ending  at or betw een 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.  (H) 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). 
(I) The provisions of this subsection are not applicable to employees whose hours of service are regulated b y:
(1) The United States Department  of Transportation Code  of Feder al Regulations, title  49, sections 395.1 to 395.13,  Hours
of Service of Driv ers, or  
(2) Title  13	
 of  the  California Code  of Regulations, subchapter  6.5, section  1200 and the following sections, regulating hours
of driv ers. 
(J) Except  as pr ovided  in subsection (A)(1)  and subsections (D)  and (H), this section shall  not apply to any employ ee	
 covered
by  a  valid  collective  bargaining  agreement  if the   agreement  expressly  provides  f or the   wages,  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 
hour ly rate of pa y for those employees of not less than 30 percent more than the state minimum w age. 
(K) Notwithstanding  subsection  (J)  ab	
ove,  where the  employ er and  a  labor  organization  representing  employ ees of  the
employ er  have  entered  into  a  valid  collective  bargaining  agreement  pe	
rtaining 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  section  (H)  ab	ove)  shall  apply,  unless  the 
agreement  expressly provides otherwise.

? 6  (L)
If an  employ er appr oves   a  wr itten  request of an  employ ee to  ma ke-up 	 work  time that is  or  would	  be  lost  as  a  result  of a
personal o	
bligation  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  computi	
 ng  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 advance  that he or  she will be requesting ma ke-up time f or a personal obligation that  will recur at a fixed time 
ov er  a  succ	

ession  of  w eek s, the   employ ee  may  request  to ma ke-up  w	
 ork  time  for up  to  f our  (4)  weeks  in advance;  provided, 
howe	
ver,  that  the  make- up  work  must  be performed  in the s	
 ame week that  the  work time w as lost.  An employ ee  shall  provide a 
signed 	
written request f or  each  occasion  that the   employ ee makes   a  request  to ma ke-up 	
 work  time  pursuant to  this 	 subsection. 
While  an  employ er  may  inform  an  employee  of  this  make- up time  option,  the  employer  is  prohibited  from  encouraging  or 
otherwise  soliciting  an  employee  to  request  the  employ er?s  appr oval to  take  personal  time  off  and ma ke-up  the  work  hours 
within  the same workw eek pursuant to this subsection.  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. 	

Employe es during their first  160	
  hours of employment  in	 occupations
in which  th	
ey 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 d	
ay  for the	  period  invo lved,  not	   less  than the
applicable  minimu m  wage	
   for  all  hours  worke d in  the  payroll  pe	riod,  whether  the remu ne	 ration  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  provisions  of	
 this section shall  not apply to	 apprentices regularl y	  indentured under the State Division  of Apprenticeship
Standards.  5.
REPORTING TIME  PAY
(A) Each wor kday  an employ ee is required  to	
 report for work  and does  repor t, but 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 for  work a second time  in any  one wor kday  and  is  furnished 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  minimum wage. 
(C) The foregoing reporting time pay provisions are not applicable when: (1) Operations  cannot  commence  or  contin ue due  to  threats  to	
  employees or   property;  or  when  recommended  by  civil
authorities;  or 
(2) Public utilities fail to supply electr icity, w ater, 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   minim um  wag e. Such  licenses  shall  be granted   only  upon  joint 
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 ee	
s. 
(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 an	
 d 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  period. Meal periods, split  shift  intervals  and total daily hours work
ed shall also be recorded. Meal  periods during which  operations cease  and authorized rest  periods  need not 
be recorded.

? 7   
(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
pr	

ovided 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 showing:  (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.  (C) All required records shall  be in the English language  and in ink  or other indelibl e form, properl y dated,  showing month, day 
and  ye ar, and  shall  be  kept on  file  by  the  employe r  for at  least  three  years  at the  place  of  employment  or at  a  centra l  location 
within the State of California. An employe e?s records shall be available for inspection by the employe e upon reasonable request. 
(D) Cloc ks shall  be provided in all major work areas or within reasonable distance thereto insofar as practicab le8.
CASH SHORTA GE  AND BREAKA GE
No  employ er shall  make any deduction from  the wage  or  require any reimbursement from  an employee 	
f or 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 	
 employee as   a  condition  of  employment,  such  uniforms
shall  be pr ovided  and  maintained  by  the  employer. The  term ?
XQL forP?  includes  w earing  apparel  and  accessories  of  distinctiv e 
des	
ign or color.  NOTE:  This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board. 
(B) When tools  or 	
 equipment are required by  the employ er or  are necessary  to the  per f	ormance  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  pro	
vided herein may  be required  to pro	vide  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  authorization  of the  	 employee 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 for normal w ear and  tea r	
 . All items furnished by  the employ er shall  be returned 
b	
y the employ ee upon completion of the jo b. 10.
MEALS AND LODGING
(A) ?0HDO?  means an adequate , well-balanced serving of a variety of wholesome , nutritious 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.
Deductions 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.  Room 
occupied alone ...........................................................   $51
.
73/
week  $	
61.	13/
week  $
56	.43/
week 
Room  shared	
 ...............................	........................................   $42.70/
week  $
50	.46/
week  $
46	.58/
week 
Apartment  — two  thirds	
 (2/3)	 of  the  ordinary	 rental  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 n o even	t more	 than	 ..........
MEALS 
Breakfast  ........................................................................\
....   $3.
98  $4	
.70  $4.	34 
Lunch  .................................................................................  $	
5.4	7 
$6.47	 $	5.97 
Dinner	
  ................................................................................
  $
7.34   $8.	68   $	8.01 
$621.28/
month
  $919.0	
2/
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
  J	
AN	UARY 	1, 2017
 
26 or More 25 or Fewer  Employees 
Employees 
EFFECTIVE	
:
For  an employer	
 who  employs: $49.38
/
week 
$ 4	
0.76/
week 
$ 3.80  
$5
.22  
$
7.09  
$
593.05 /
month
month 
$877.2
7	
/$47.03	
/
week 
$38.82
/
week 
$3	
.62  
$4
.97  
$
6.68  
$564.81
/
month
month 
$
835.49
/$5	
1.7	3/
week 
$4	
2.70/
week 
$3
.98  
$
5.4	7  
$7
.35  
$6
21.2	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, 201	8
 
26 or More 	
25 or Fewer 
Employees Employees  J
ANUARY
 	
1, 201	9 
26 	
or More 25 or  Fewer	 
Employees	
 Employees  J
ANUARY	
 1, 20	20  
26 	
or More 25	 or 	Fewer	 
E mployees Employees

? 8  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  minute s, 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	
utual 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  minute	 s, except  that if  the  total hours work ed is  no more  than 12  hour s, 
the  	
second meal  period may be waived  	
by m utual consent  of the  employ er and  the employ ee only  if the  	first meal  period w as not 
w ai ved.  
(C) Unless  the employ ee is	
 reliev ed of  all  duty  during a  30 minute	  meal period,  the 	meal  period shall be considered  an ?	RQ  GXW\?
meal  period  and counted  as time work ed. An ?RQ  GXW\?  meal  period shall  be permitted only when  the 	
 nature of the  work  prevents 
an employ ee from being reliev ed of 	
all  duty and  when by written agreement  between the  parties an on-the -	job paid meal  period is 
agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.  (D)If an employ er 	
fails  to provide  an employ ee a meal  per	 iod 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 was 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  purpose shall
be d	
esignated.  12.
REST PERIODS
(A) Every employ er shall  authorize  and permit all employ ees to	
  ta ke rest  periods, which insof ar as  	 practicable shall  be in the
m	
iddle  of each work  period. The  author	
 ized  rest  period 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 f or 	
employ ees whose 
total  daily work time  is less than three  and one-half  (31
/2 ) hour
s. Autho rized rest  period time shall  be counted as 	
 hours worked for 
whi	
ch there shall be no deduction from w ages. 
(B) If an  employ er 	
fails  to provide  an  employ ee  a  rest 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 
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  during
w	

orking  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 pro	
vided  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. 
NO	

TE: 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 pro	
vided  in an area separ ate 	 from the toilet rooms and shall  be available to	  employees
during work hours.  14.
SEATS
(A) All  working  employ ees  shall  be pr ovided  with  suitab le  seats  when  the  nature  of the   work  reasonab ly permits  the 	
use  of
seats.  (B) When employ ees are  not engaged  in  the  active duties  of their employment  and the nature  of the  work requires standing,
an adequate  number of 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 perfor mance 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  degree  pro	
viding reasonab le comfor t. Where  the 	 nature of the  employment requires a temperature 
of  less  than 60°  F., a  heated	
  room shall  be pro	vided  to which employ ees may retire f or warmth,  and such room shall  be maintained 
at not les	
s 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) 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  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;

? 9  or
 Section  16, Elevators, would  not materially affect  the welfare  or comfort  of employ ees and would work  an undue  hardship  on  the 
empl	
oyer,  exemption may  be made at the  	
 discretion of the  Division. Such  exemptions shall  be in writing  to	  be  eff	ective  and may be 
revok ed  after  reasonab le  notice  is given  in   writing. Application  f or ex emption  shall  be made  by the  em	
 ployer or   by  the  employ ee 
and/or  the  employ ee?s representative  to the  	
 Division in writing. A  copy  of the  application shall  be posted at the  pl	 ace of employment 
at the time the application is filed with the Division.  18.
FILING REPOR TS
(See California Labor Code, Section 1174(a)) 19.
INSPECTIONS
(See California Labor Code, Section 1174) 20.
PENALTIES
(See 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  California 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 had not been included herein.  22.
POSTING OF ORDER
Every employ er shall k eep a copy  of this Order posted  in an  area frequented by employ ees where  it may  be easily read  during
the  wo	

rk day. Where the  location of work or other conditions ma ke 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 v	
iolations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Office" on the internet or any 
other directory.   The Labor Commissioner  has offices  in the  following 
cities: B akersfield,  El Centro,   Fr esno, L ong Beach,  Los Angeles, 
Oakland, R edding, Sacramento, S alinas, San Bern ardino,  San 
Diego,  San Fra ncisco, San J	
ose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  SUMMARIES I
N 	
 OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RESUMEN EN OTRO S IDIOMAS 
El	

  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

Other California Labor Law Posters 5 PDFS

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Poster Name Poster Type
Mandatory California Law Prohibits Workplace Discrimination and Harassment Workplace Violence Law
Mandatory Notice to Employees - Injuries caused by Work Workers Compensation Law
Mandatory Whistleblower Protections Whistleblower Law
Mandatory Unemployment Insurance Benefits Unemployment Law
Mandatory Paid Sick Leave Sick Leave Law

View all 30 California labor law posters


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