California Industrial Welfare Commission (IWC) Wage Order #14 Agricultural Occupations Poster
The Industrial Welfare Commission (IWC) Wage Order #14 Agricultural Occupations is a general labor law poster poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in agricultural occupations.
This poster, written in Spanish, must be posted in a conspicuous place where all Spanish speaking employees will see it for any Agricultural occupations employers. This poster describes the standards and laws that must be followed in the Agricultural occupations.
CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .
OFFICIAL N O TICE INDUSTRIAL WEL FARE COMMISSION ORDER N O. 14 -2001 REGUL ATING W AGES, HOURS AND W ORKING CONDITIONS IN THE A GRICU L TURAL OCCU P A TIONS Ef fective Ja nua ry 1, 2002 as amended Sections 4(A) and 10(C) amended and repu blished by the Depa rtment of Industrial Relations, ef fective July 1, 2014 , pu rsuant to AB 10, Chapter 351, Statutes of 2013 and AB 1835, Chapter 230, Statutes of 2006 This O rder Must Be Posted Where Empl oyees Can Read It Easi ly IWC FORM 1114 (R ev. 07-2014 ) OSP 06 98772 — 1 • Please Post With This Side Showing • OFFICIAL NOTICE Effective January 1, 200 2 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2007, pursuant to AB 1835, Chapter 230, Statutes of 2006 INDUSTRIAL WEL FARE COMMISSION ORDER NO. 14 -2001 REGUL ATING W AGES, HOURS AND WORKING CONDITIONS IN THE AGRIC U LTURAL OCC U PA TIONS TAKE NOTICE: To empl oyers and representati ves of persons working in indust ries and occupations in the State of Cali fornia: The Depa rtment of Indust rial Relations amends and repu blishes the mini mum wage and meals and lodging credits in the Indust rial Welfare Commission ’s Orders as a result of legislation enacted (AB 10 , Ch. 351, Stats of 2013 , amending section 1182.12 of the Cali fornia Labor Cod e, and AB 1835, Ch. 230, Stats of 2006 , adding sections 1182.12 and 1182.13 to the California Labor Code .) The amendments and repu blishing ma ke no other changes to the IWC ’s Order s. 1. APPLICABILITY OF ORDER This order shall apply to all persons empl oyed in an agricultu ral occupation whether paid on a tim e, piece rate, commission, or other basi s, except that: (A) No pr ovision of this order shall apply to a ny empl oyee who is engaged in work which is p rima rily intellectual, manage rial, or creati ve, and which requires exercise of discretion and independent judgment, and for which the remune ration is not less than two (2) times the monthly state mini mum wage for full -time empl oyment. (B) No provision of this order shall apply to any individual who is the parent, spous e, child, or legally adopted child of the empl oyer. (C) Section 5 of this order shall not apply to any empl oyer who empl oys fewer than five (5) persons covered by this orde r. If at any one time du ring a calendar year an empl oyer has five (5) or more empl oyees covered by this orde r, every provision of this orde r, including Section 5, Repo rting Time Pay, shall apply to that empl oyer throughout that calendar yea r. (D) No pr ovision of this order shall apply to a ny empl oyee c overed by Order N o. 8 or Order N o. 13, relating to indust ries han - dling products after ha rvest. (E) The provisions of this order shall not apply to any individual pa rticipating in a national se rvice pro gram, such as Ame ri- Co rps, car ried out using assistance provided under Section 12571 of Title 42 of the United States Cod e. (See Stat s. 2000, ch. 365, amending Labor Code Section 1171.) (F) Sections 3, 4(A) -(D), 5, 6, 9, 11, 12, and 13 of this order shall not apply to an empl oyee engaged to work as a ― sheepherde r,‖ as that occupation is defined in Section 2 (N). Otherwis e, this orde r, including Section 4 (A), shall apply to any workweek du ring which a sheepherder empl oyee is engaged in a ny non -sheepherding a gricultu ral or other work. (G) Section 3 of this order shall not apply to an empl oyee licensed pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code who se rves as a cr ew member on a commercial fishing vessel. 2. DEFINITIONS (A) ―Commission‖ means the Indust rial Welfare Commission of the State of Cali fornia. (B) ―Division‖ means the Division of Labor Standards En forcement of the State of Cali fornia. (C) ―Empl oy‖ means to engag e, suf fer, or pe rmit to work. (D) ―Empl oyed in an a gricultu ral occupation‖ means a ny of the following desc ribed occupations: (1) The prepa ration, car e, and treatment of farm land, pipelin e, or ditche s, including leveling for agricultu ral pu rpose s, plowing, discing, and fertilizing the soil; (2) The s owing and planting of a ny a gricultu ral or ho rticultu ral commodity; (3) The care of any agricultu ral or ho rticultu ral commodity; as used in this subdivision, ―care‖ includes but is not limited to culti vation, ir rigation, weed control, thinning, heating, p runing, or tying, fumigating, sp raying, and dusting; (4) The ha rvesting of any agricultu ral or ho rticultu ral commodit y, including but not limited to picking, cutting, threshing, mowing, kno cking off, field chopping, bunching, baling, balling, field pa cking, and placing in field containers or in the vehicle in which the commodity will be hauled, and t ranspo rtation on the farm or to a place of first processing or dist ribution; (5) The assem bly and sto rage of any agricultu ral or ho rticultu ral commodit y, including but not limited to, loading, road sid - ing, banking, sta cking, binding, and piling; (6) The raising, feeding and management of livesto ck, fur bea ring animal s, poult ry, fish, mollusk s, and insect s, including but not limited to herding, housing, hatching, milking, shea ring, handling egg s, and extracting hon ey; (7) The ha rvesting of fish, as defined by Section 45 of the Fish and Game Cod e, for commercial sale; (8) The conse rvation, impr ovement or maintenance of such farm and its tools and equipment. (E) ―Empl oyee‖ means a ny person empl oyed by an empl oyer. — 2 (F) ―Empl oyer‖ means any person as defined in Section 18 of the Labor Cod e, who directly or indirectl y, or through an agent or a ny other person, empl oys or exercises control over the wage s, hour s, or working conditions of a ny person. (G) ―Hours worked‖ means the time du ring which an empl oyee is subject to the control of an empl oyer, and includes all the time the empl oyee is suf fered or pe rmitted to work, whether or not required to do s o. (H) ―Minor‖ mean s, for the pu rpose of this orde r, a ny person under the age of 18 year s. (I) ―Non -sheepherding work‖ means a ny work except the work defined in Section 2(N) bel ow. (J) ―Open range sheepherding‖ mean s, gene rally, sheepherding on land that is not culti vated, but produces nati ve forage (―br owse‖ or herbaceous food that is availa ble to livesto ck or game animals) for animal consumption, and includes land that is re-vegetated natu rally or artificially to provide forage cover that is managed like range vegetation. The range may be on private, fede ral, or state land. Typicall y, the land is not only non -culti vated, but not suita ble for culti vation because it is rocky, thin, semia rid, or otherwise poo r. Als o, ma ny acres of range land are required to graze one animal unit (five sheep) for one month. By its very natur e, open range sheepherding is conducted over wide expanses of land, such as thousands of acre s. (K) ―Outside salesperson‖ means any person, 18 years of age or over, who customa rily and regula rly works more than half the working time away from the empl oyer’s place of business selling tangi ble or intangi ble items or obtaining orders or cont racts for product s, se rvices or use of facilitie s. (L) ―Piece rate basis‖ is a method of p ayment based on units of production or a f raction thereo f. (M) ―Prima rily‖ as used in Section 1, Applicabilit y, means more than one -half the empl oyee ’s work tim e. (N) ―Sheepherder‖ means any individual who is empl oyed to do any of the following: tend flo cks of sheep grazing on range or pasture; move sheep to and about an area assigned for grazing; prevent sheep from wande ring or becoming lost, or using trained dogs to round up strays and protect sheep against predators and the eating of poisonous plants; assist in the lambing, do cking, and shea ring of sheep; provide water or feed supplementa ry rations to sheep; or per form the work of a sheepherder pursuant to an appr oved job order filed under the provisions of Section 101(a)(15)(H)(ii)(a) of the fede ral Immi gration and Nationality Act (com - monly re ferred to as the ―H -2A‖ pro gram (see 8 U.S.C. Section 1101 et seq.), or a ny successor pr ovision s. (O) ―Shift‖ means designated hours of work by an empl oyee, with a designated beginning time and quitting tim e. (P) ―Split shift‖ means a work schedule which, is inter rupted by non -paid non -working pe riods esta blished by the empl oyer, other than bona fide rest or meal pe riod s. (Q) ―Wages‖ includes all amounts for labor per formed by empl oyees of every desc ription, whether the amount is fixed or as- ce rtained by the standard of tim e, task, piec e, commission basi s, or other method of calculation. (R) ―Workd ay‖ means a ny consecuti ve 24 hours beginning at the same time each calendar d ay. (S) ―Workweek‖ means any seven (7) consecuti ve days, sta rting with the same calendar day each week. ―Workweek‖ is a fixed and regula rly recur ring pe riod of 168 hour s, s even (7) consecuti ve 24 -hour pe riod s. 3. HOURS AND DAYS OF W ORK (A) The following overtime provisions are applica ble to empl oyees 18 years of age or over and to empl oyees 16 or 17 years of age who are not required by law to attend school: such empl oyees shall not be empl oyed more than ten (10) hours in any one workd ay or more than six (6) days in any workweek unless the empl oyee recei ves one and one -half (11/2) times such empl oyee ’s regular rate of pay for all hours worked over ten (10) hours in any workd ay and for the first eight (8) hours on the seventh (7th) day of work and dou ble the empl oyee ’s regular rate of pay for all hours worked over eight (8) on the seventh (7th) day of work in the workweek. (See Cali fornia Labor Cod e, Sections 1391 and 1394) (VIOL ATIONS OF CHILD LAB OR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties pr ovided herein. Re fer to Cali fornia Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional rest rictions on the empl oy- ment of minor s. Empl oyers should ask school dist ricts about required work pe rmit s.) (B) An empl oyee may be empl oyed on seven (7) workd ays in one workweek with no overtime pay required when the total hours of empl oyment du ring such workweek do not exceed 30 and the total hours of empl oyment in any one workd ay thereof do not exceed six (6). (C) The provisions of subsection (A) ab ove shall not apply to an empl oyee covered by this order du ring any week in which more than half of such empl oyee ’s working time is d evoted to per forming the duties of an ir rigato r. (D) The pr ovisions of this section are not applica ble to empl oyees whose hours of se rvice are regulated by: (1) The United States Depa rtment of Transpo rtation Code of Fede ral Regulation s, Title 49, Sections 395.1 to 395.13, Hours of Se rvice of D rivers; or (2) Title 13 of the Cali fornia Code of Regulation s, subchapter 6.5, Section 1200 and following section s, regulating hours of d rivers. (E) This section shall not apply to any empl oyee covered by a collecti ve bargaining agreement if said agreement provides premium wage rates for overtime work and a cash wage rate for such empl oyee of not less than one dollar ($1.00) per hour more than the mini mum wag e. 4. MINIMUM W AGES (A) Every empl oyer shall pay to each empl oyee wages not less than nine dollars ($9.0 0) per hour for all hours worked, effecti ve July 1, 2014 , and not less than ten dollars ($10 .00) per hour for all hours worked, effecti ve Janua ry 1, 2016 , except: LEARNERS: Empl oyees du ring their first 160 hours of empl oyment in occupations in which they have no previous similar or related expe rienc e, m ay be paid not less than 85 percent of the mini mum wage rounded to the nearest ni ckel. (B) Every empl oyer shall pay to each empl oyee, on the esta blished payday for the pe riod involved, not less than the applica ble — 3 mini mum wage for all hours worked in the payroll pe riod, whether the remune ration is measured by tim e, piec e, commission, or otherwis e. (C) When an empl oyee works a split shift, one (1) hour ’s pay at the mini mum wage shall be paid in addition to the mini mum wage for that workd ay, except when the empl oyee resides at the place of empl oyment. (D) The provisions of this section shall not apply to apprentices regula rly indentured under the State Division of Apprenticeship Standard s. (E) Effecti ve July 1, 2001, the mini mum wage for all sheepherders shall be $1,050.00 per month; effecti ve July 1, 2002 the mini mum wage for all sheepherders shall be $1,200.00 per month. Wages paid to sheepherders shall not be offset by meals or lodging pr ovided by the empl oyer. 5. REPO RTING TIME PAY (A) Each workd ay an empl oyee is required to repo rt for work and does repo rt, but is not put to work or is furnished less than half said empl oyee ’s usual or scheduled day’s work, the empl oyee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hour s, at the empl oyee ’s regular rate of pay, which shall not be less than the mini mum wag e. (B) If an empl oyee is required to repo rt for work a second time in any one workd ay and is furnished less than two (2) hours of work on the second repo rting, said empl oyee shall be paid for two (2) hours at the empl oyee ’s regular rate of pay, which shall not be less than the mini mum wag e. (C) The foregoing repo rting time p ay pr ovisions are not applica ble when: (1) Ope rations cannot commence or conti nue due to threats to empl oyees or prope rty; or when recommended by civil autho rities; or (2) Pu blic utilities fail to supply elect ricit y, wate r, or ga s, or there is a failure in the pu blic utilitie s, or s ewer system; or (3) The inter ruption of work is caused by an Act of God or other cause not within the empl oyer’s control. (D) This section shall not apply to an empl oyee on paid stand by status who is called to per form assigned work at a time other than the empl oyee ’s scheduled repo rting tim e. 6. LICENSES FOR DISABLED W ORKERS (A) A license may be issued by the Division autho rizing empl oyment of a person whose ea rning capacity is impaired by physical disability or mental deficiency at less than the mini mum wag e. Such licenses shall be granted only upon joint application of empl oyer and empl oyee and empl oyee ’s representati ve if a ny. (B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special mini mum rates to ena ble the empl oyment of such persons without requi ring individual licenses of such empl oyee s. (C) All such licenses and special licenses shall be ren ewed on a yea rly basis or more frequently at the discretion of the Divi - sion. (See Cali fornia Labor Cod e, Sections 1191 and 1191.5) 7. RECORDS (A) Every empl oyer shall keep accu rate in formation with respect to each empl oyee including the following: (1) Full nam e, home addres s, occupation and social secu rity numbe r. (2) Birth dat e, if under 18 year s, and designation as a mino r. (3) Time records sh owing when the empl oyee begins and ends each work pe riod. Meal pe riod s, split shift inte rvals and total daily hours worked shall also be recorded. Meal pe riods du ring which, ope rations cease and autho rized rest pe riods need not be recorded. (4) Total wages paid each payroll pe riod, including value of board, lodging, or other compensation actually furnished to the empl oyee. (5) Total hours worked in the payroll pe riod and applica ble rates of pay. This information shall be made readily availa ble to the empl oyee upon reasona ble request. (6) When a piece rate or incenti ve plan is in ope ration, piece rates or an explanation of the incenti ve plan formula shall be provided to empl oyee s. An accu rate production record shall be maintained by the empl oyer. (B) Empl oyers of sheepherders shall keep accu rate information with respect to sheepherder empl oyee s, including an itemi zed statement sh owing applica ble rates of pay for sheepherding and any applica ble non -sheepherding agricultu ral or other work, all deduction s, dates of pe riod for which paid, name and social secu rity number (if a ny) of empl oyee, and name of empl oyer. (C) Every empl oyer shall semimonthly or at the time of each payment of wages furnish each empl oyee, either as a detacha ble pa rt of the che ck, draft, or voucher paying the empl oyee ’s wage s, or sepa ratel y, an itemi zed statement in writing sh owing: (1) all deductions; (2) the inclusi ve dates of the pe riod for which the empl oyee is paid; (3) the name of the empl oyee or the empl oyee ’s social secu rity numbe r; and (4) the name of the empl oyer, provided all deductions made on written orders of the empl oyee may be ag gregated and sh own as one item. (D) Every empl oyer of a sheepherder shall an nually notify the sheepherder of his or hers rights and obligations under state and fede ral l aw. (E) All required records shall be in the English language and in ink or other indeli ble form, prope rly dated, sh owing month, day and yea r, and shall be kept on file by the empl oyer for at least three years at the place of empl oyment or at a cent ral location within the State of Cali fornia. An empl oyee ’s records shall be availa ble for inspection by the empl oyee upon reasona ble request. — 4 8. CASH SHO RTAGE AND BREAK AGE No empl oyer shall ma ke any deduction from the wage or require any reim bursement from an empl oyee for any cash sho rtag e, breakag e, or loss of equipment, unless it can be sh own that the sho rtag e, breakag e, or loss is caused by a dishonest or willful act, or by the gross negligence of the empl oyee. 9. UNIFORMS AND EQUIPMENT (A) When uni forms are required by the empl oyer to be worn by the empl oyee as a condition of empl oyment, such uni forms shall be provided and maintained by the empl oyer. The term ―uni form‖ includes wea ring apparel and accesso ries of distincti ve design or colo r. NOTE: This section shall not apply to protecti ve apparel regulated by the Occupational Sa fety and Health Standards Board. (B) When tools or equipment are required by the empl oyer or are necessa ry to the per formance of a job, such tools and equipment shall be pr ovided and maintained by the empl oyer, except that an empl oyee whose wages are at least t wo (2) times the mini mum wage provided herein may be required to provide and maintain hand tools and equipment customa rily required by the trade or craft. This subsection (B) shall not apply to apprentices regula rly indentured under the State Division of Apprenticeship Standard s. NOTE: This section shall not apply to protecti ve equipment and sa fety d evices on tools regulated by the Occupational Sa fety and Health Standards Board. (C) A reasona ble deposit may be required as secu rity for the retu rn of the items furnished by the empl oyer under provisions of subsections (A) and (B) of this section upon issuance of a receipt to the empl oyee for such deposit. Such deposits shall be made pursuant to Section 400 and following of the Labor Code or an empl oyer with the prior written autho rization of the empl oyee may deduct from the empl oyee ’s last che ck the cost of an item furnished pursuant to (A) and (B) ab ove in the event said item is not retu rned. No deduction shall be made at any time for no rmal wear and tea r. All items furnished by the empl oyer shall be retu rned by the empl oyee upon completion of the jo b. 10. MEALS AND LODGING (A) ―Meal‖ means an adequat e, well-balanced se rving of a variety of wholesom e, nutritious food s. (B) ―Lodging‖ means living accommodations availa ble to the empl oyee for full -time occupancy which are adequat e, decent, and sanita ry according to usual and customa ry standard s. Empl oyees shall not be required to share a bed. (C) Meals or lodging may not be credited against the mini mum wage without a volunta ry written agreement bet ween the em- ployer and the empl oyee. When credit for meals or lodging is used to meet pa rt of the empl oyer’s mini mum wage obligation, the amounts so credited m ay not be more than the following: Effective Effective LODGING July 1, 2014 January 1, 2016 Room occupied alone……… ……………………..….… $42.33 per week $47.03 pe r week Room shared……………………………… ……..……… Apartment – two thirds (2/3) of the ordinary rental value, and in no event more than:……………… ..…… $34.94 per week $508.38 per month $38.82 per week $564.81 pe r mon th Where a couple are both employed by the employer, two thirds (2/3) of the ordinary rental value, and in no event more than: …………………………………….…… $752.02 per m on th $835.49 pe r mon th MEALS Breakfast…………………………………………………. $3.26 $3.62 Lunch……………………………………………………... $4.47 $4.97 Dinner……………………………………………………... $6.01 $6.68 (D) Meals evaluated as pa rt of the mini mum wage must be bona fide meals consistent with the empl oyee ’s work shift. Dedu c- tions shall not be made for meals not recei ved or lodging not used. (E) If, as a condition of empl oyment, the empl oyee must live at the place of empl oyment or occu py qua rters owned or under the control of the empl oyer, then the empl oyer m ay not charge rent in excess of the values listed herein. (F) Paragraphs (C), (D), and (E) ab ove shall not apply to sheepherder s. Every empl oyer shall provide to each sheepherder not less than the mini mum monthly meal and lodging benefits required to be provided by empl oyers of sheepherders empl oyed under the provisions of the H-2A pro gram of the Immi gration and Nationality Act [8 U.S.C Section 1101 et seq], or any successor provision s. (G) Fixed Site Housing: A sheepherder not engaged in open range sheepherding, shall be provided with fixed site housing that complies with all the following standards and requirements: (1) Toilets (which m ay include po rtable toilets) and bathing facilities (which m ay include a po rtable facility). (2) Heating (which m ay include a camp st ove or other sources of heat). (3) Indoor Lighting. (4) Pota ble hot and cold wate r. (5) Cooking facilities and utensil s. — 5 (6) Ref rige ration for pe risha ble foodstuffs (which may include ice chest s, provided that ice is deli vered to the sheepherde r, as needed, to maintain a conti nuous tempe rature required to retard spoilage and assure food sa fety). (7) Fixed Site Housing Inspections: housing that is erected for sheepherders at fixed locations shall be an nually inspected by the State of Cali fornia Empl oyment Development Depa rtment for compliance with Paragraph (F) of this section, unless the empl oyer recei ves a statement in writing from the Empl oyment D evelopment Depa rtment that there are no such inspectors availa ble. (H) Mobile Housing: When a sheepherder is engaged in open range sheepherding, the empl oyer shall provide mobile hous - ing that complies with all standards and inspection requirements presc ribed for mobile sheepherder housing by the United States Depa rtment of Labor then in effect. Such housing shall be inspected and appr oved an nually by an inspector from the Empl oyment Development Depa rtment unless the empl oyer recei ves a statement in writing from the Empl oyment Development Depa rtment that there are no such inspectors availa ble. 11. MEAL PERIODS Every empl oyer shall autho rize and pe rmit all empl oyees after a work pe riod of not more than five (5) hours to take a meal pe riod of not less than 30 minute s, except that when a work pe riod of not more than six (6) hours will complete the day’s work the meal pe riod m ay be waived by mutual consent of empl oyer and empl oyee. Unless the empl oyee is reli eved of all duty du ring a 30 minute meal pe riod, the meal pe riod shall be considered an ―on duty‖ meal pe riod and counted as time worked. An ―on duty‖ meal pe riod shall be pe rmitted only when the nature of the work prevents an empl oyee from being reli eved of all duty and when by writ- ten a greement bet ween the pa rties an on -the -job paid meal pe riod is a greed t o. 12. REST PERIODS Every empl oyer shall autho rize and pe rmit all empl oyees to take rest pe riod s, which inso far as practica ble shall be in the middle of each work pe riod. The autho rized rest pe riod time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereo f. However, a rest pe riod need not be autho rized for empl oyees 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 worked for which there shall be no deduction from wage s. 13. SE ATS When the nature of the work reasona bly pe rmits the use of seat s, suita ble seats shall be provided for empl oyees working on or at a machin e. 14. OTHER W ORKING CONDITIONS APPLICAB LE TO SHEEPHERDERS Sheepherders shall be pr ovided with all of the following at each work site: (A) Regular mail se rvic e, which, in the case of open range location s, shall mean mail deli very not less frequently than once every s even d ays. (B) An approp riate form of com munication, including but not limited to a radio and/or telephon e, which will allow sheepherders to com municate with empl oyers, health care provider s, and government regulator s. Empl oyers may charge sheepherders for all others use s. (C) Visitor access to fi xed site housing and, when p ractica ble to mobile housing. 15. EX EMPTIONS If, in the opinion of the Division after due investigation, it is found that the en forcement of any provisions in Section 7, Records; Section 11, Meal Periods; Section 12, Rest Periods; or Section 13, Seat s, would not mate rially affect the welfare or com fort of empl oyees 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 effecti ve any may be revoked after reasona ble notice is given in writing. Application for exem p- tion shall be made by the empl oyer or by the empl oyee and/or the empl oyee ’s representati ve to the Division in writing. A co py of the application is filed with the Division. 16. FILING REPO RTS (See Cali fornia Labor Cod e, Section 1174(a)) 17. INSPECTION (See Cali fornia Labor Cod e, Section 1174) 18. PENA LTIES (See Cali fornia Labor Cod e, Section 1199) (A) In addition to any other civil penalties provided by law, any empl oyer or any other person acting on behalf of the empl oyer who violate s, or causes to be violated, the pr ovisions of this orde r, shall be subject to the civil penalty of: (1) Initial Violation —$50.00 for each unde rpaid empl oyee for each pay pe riod du ring which the empl oyee was unde rpaid in addition to an amount which is sufficient to rec over unpaid wage s. (2) Subsequent Violations —$100.00 for each unde rpaid empl oyee for each pay pe riod du ring which the empl oyee was unde rpaid in addition to an amount which is sufficient to rec over unpaid wage s. — 6 (B) Any empl oyer or any other person acting on behalf of the empl oyer who empl oys sheepherders and who requires them to engage in non -sheepherding duties shall be subject to the following penalties: (1) Initial violations —a civil penalty of one week ’s pay computed on a basis of a 60 hour workweek and a wage of n less than the current mini mum wage in ef fect. (2) Second violation —a civil penalty of one month ’s pay computed on a basis of a 252 hour month and a wage of no less than the current mini mum wage in ef fect. (3) Third and subsequent violation —a civil penalty equal to the cost of the cont ract of the appr oved ―H2A‖ job orde r. (C) The af fected empl oyee shall recei ve p ayment of all wages rec overed. (D) The Labor Commissioner may also issue citations pursuant to Labor Code Section 1197.1 for non -payment of wages for overtime work in violation of this orde r. 19. SE PARABILITY If the application of any provision of this Orde r, or any section, subsection, subdivision, sentenc e, claus e, ph ras e, word, or po rtion of this Order should be held invalid or unconstitutional or unautho rized or prohibited by statut e, the remaining provisions thereof shall not be affected there by, but shall conti nue to be given full force and effect as if the pa rt so held invalid or unconstit u- tional had not been included herein. 20. POSTING OF ORDER Every empl oyer shall keep a co py of this Order posted in an area frequented by empl oyees where it may be easily read du ring the workd ay. Where the location of work or other conditions ma ke this imp ractical, every empl oyer shall keep a co py of this Order and ma ke it availa ble to every empl oyee upon request. QUESTIONS ABOUT ENFORCEMENT of the Indust rial Welfare Commission orders and repo rts of violations should be directed to the Division of Labor Standards En forcement. A listing of the DLSE offices is bel ow on this wage orde r. Look in the white pages of your telephone directo ry under CALIFORNIA, State of, Indust rial Relations for the address and telephone number of the office nearest you. The Div i- sion has offices in the following cities: Ba kersfield, El Centr o, Fresn o, Long Beach, Los Angele s, Oakland, Redding, Sac rament o, Salina s, San Be rnardin o, San Dieg o, San Francisc o, San Jos e, Santa Ana, Santa Barba ra, Santa Rosa, Sto ckton, Van Nuy s. SUMMARIES IN OTHER LANG UA GES The Depa rtmen t of Industria l Relation s will mak e summarie s of wage and hour requirements in this Order availa ble in Spanish, Chinese and certain other langu ages when it is feasi ble to do so. Mail your request for su ch summaries to the Depa rtment at: P.O. box 420603, San Francisco, CA 94142 -0603. RESUMEN EN OTROS IDIOMAS El Depa rtamento de Relaciones Industriales con feccionara un re- sumen sobre los requisitos de salario y horario de esta Disposicion en español, chino y algunos otros idiomas cuando sea posi ble hacerlo. Envie por correo su pedido por dichos resumenes al Depa rtamento a: P.O. box 420603, San Francisco, CA 94142 -0603. Depa rtment of Industrial Relations P.O. box 420603 San Francisco, CA 94142 -0603 — 7 All complaints are handled confidentiall y. For further information or to file your complaint s, contact the State of Cali fornia at the following depa rtment offices: Division of Labor Standa rds Enforcement (DLSE) BAKERSFIELD Division of Labor Standards Enforcement 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 REDDING Division of Labor Standards Enforcement 2115 Civic Center Drive, Room 17 Redding, CA 96001 530 -225 -2655 SAN JOSE Division of Labor Standards Enforcement 100 Paseo De San Antoni o, Room 120 San Jos e, CA 95113 408 -277 -1266 EL CENT RO Division of Labor Standards Enforcement 1550 W. Main St. El Centr o, CA 92643 760 -353 -0607 SACRAMEN TO Division of Labor Standards Enforcement 2031 Howe Ave, Suite 100 Sac rament o, CA 95825 916 -263 -1811 SAN TA ANA Division of Labor Standards Enforcement 605 W est Santa Ana Blvd., Bldg. 28, Room 625 Santa Ana, CA 92701 714 -558 -4910 FRESNO SALINAS SAN TA BAR BARA Division of Labor Standards Enforcement Division of Labor Standards Enforcement Division of Labor Standards Enforcement 770 E. Shaw Ave., Suite 222 1870 N. Main Street, Suite 150 411 E. Canon Perdid o, Room 3 Fresn o, CA 93710 Salina s, CA 93906 Santa Barba ra, CA 93101 559 -244 -5340 831 -443 -3041 805 -568 -1222 LONG BEACH SAN BERNARDINO Division of Labor Standards Enforcement Division of Labor Standards Enforcement SAN TA ROSA 300 Oceangat e, 3rd Floor 464 West 4th Street, Room 348 Division of Labor Standards Enforcement Long Beach, CA 90802 San Bernardin o, CA 92401 50 ―D‖ Street, Suite 360 562 -590 -5048 909 -383 -4334 Santa Rosa, CA 95404 707 -576 -2362 LOS ANGELES SAN DIEGO Division of Labor Standards Enforcement Division of Labor Standards Enforcement STOCK TON 320 W . Fourth St., Suite 450 7575 Metropolitan, Room 210 Division of Labor Standards Enforcement Los Angeles, CA 90013 San Dieg o, CA 92108 31 E. Channel Street, Room 317 213 -620 -6330 619 -220 -5451 Sto ckton, CA 95202 209 -948 -7771 OAKLAND SAN FRANCISCO Division of Labor Standards Enforcement Division of Labor Standards Enforcement VAN NUYS 1515 Clay Street, Room 801 455 Golden Gate Ave. 10th Floor Division of Labor Standards Enforcement Oakland, CA 94612 San Francisc o, CA 94102 6150 Van Nuys Boul evard, Room 206 510 -622 -3273 415 -703 -5300 Van Nuy s, CA 91401 818 -901 -5315 SAN FRANCISCO – HEAD QUARTERS Division of Labor Standards Enforcement 455 Golden Gate Ave. 9th Floor San Francisc o, CA 94102 415 -703 -4810 EMPL OYERS: Do not send copies of your alte rnati ve workweek election ballots or election procedure s. Only the results of the alte rnati ve workweek election shall be mailed to: Depa rtment of Indust rial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisc o, CA 94142 -0603 (415) 703 -4780 Prevailing Wage Hotline (415) 703 -4774
Other California Labor Law Posters 5 PDFS
There are an additional 29 optional and mandatory California labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
|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 Paid Sick Leave||Sick Leave Law|
|Mandatory Emergency Phone Numbers||Miscellaneous Law|
While we do our best to keep our list of California labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.