California Industrial Welfare Commission (IWC) Wage Order #16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Poster

OFFICIAL N
OTICE 
INDUSTRIA L 	
WELFARE COMMISSION 
ORDER NO . 	
16-2001	 
REGUL A	
TING	 
W AGES , 	
HOUR S 	AND 	WORKING CONDITI ONS IN 	THE	 

CE RTAIN  ON-SIT E OCCU PA TIONS  IN THE  CONSTRUCTION,
	
 

DRILLING,  LOGGING  AND MINING INDUSTRIES
 
Effective Janua ry 1, 2002 as amended 
Sections 4(A) and 	

9( C) 
amended and republished  by 	
the 	Department 	of Industrial Relations,
ef	
fective January 1,  2019, pursuant to S	B 	3, Chapter 4	, Statutes of 201	6 and section 1182.13 
of the Labor Co d	
e
This  Order Must Be  Posted 	
Where Employees Can Read  It Easily IWC FORM 1114 (Rev. 11/2018)
OSP 06 98774

— 2  • 
•
 Please Post With This Side Showing
 OFFICIAL 
NOTICE 

Effective January  1, 2002  as amended
 

Sections  4(A) and  9( 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

INDUSTRIA L WELFARE COMMISSION 
ORD ER NO . 16-2001 
REGUL ATING 
WAG ES, HOUR S AND 	
WORKIN G CONDITION S IN THE 	
CERTAIN ON-SITE OCCUPATIONS IN THE CONSTRUCTION, DRILLING, LOGGING, 
AND MINING INDUSTRIES	
 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  of  section  1182.13 of the  California  Labor  Code.  The  amendments  and 
republishing make  no other changes to the IWC’s Orders. 1.
APPLICABILITY  OF  ORDER
This  order  shall  apply  to  all  persons  employed in the  on-site  occupations  of  const	
 ruction,  including  but not  limited  to  work
involving  alteration,  demolition,  building,  e xcavating,  renovation,  remodeling,  maintenance,  improvement,  and  repair  work,  and 
work f or which a contractor ’s license  is required by  the California Business  and Professions Code, Division  3, Chapter 9, Sections 
7025  et seq.;  drilling, including b ut not  limited  to all work required  to drill, establish, repair,  and rework wells f or the  exploration or 
e xt raction  of oil,  gas, or w ater  resources; logging work f or which a timber  operator’s license  is required pursuant  to California Public 
Resources  Code  Sections  4571  through  4586; and  mining  (not  covered  by  Labor  Code  Section  750 et  seq. ),  including  all  wor k 
required  to  mine and/or  establish  pits,  quarrie s,  and   surface  or under ground  mines  f or the  purposes  of  exploration  or  extracti	
 on 
of  nonmetallic minerals  and ores, coal,  and building materials such  as stone  and gr avel, whether paid  on a time, piece r ate, com- 
mission, or other basis , except that: 
(A) The	

  pr ovisions  of Sections 3 through  11 shall not apply  to pers	
 ons employed in  administr ative,  executive,  or professional
capacities.  No  person  shall  be  considered  to be  empl	
 oyed  in an  administr ative,  executi	 ve, or  professional  capacity  unless  the 
person is primarily engaged in the duties which meet the test of the  exemption, and earns a monthly salary equivalen t to not less 
than  (2) two times  the state minim um wage  for  full-time employment. The duties  that meet  the test  of the  ex emption are  one of the 
following set of conditions:  (1) The employ ee is engaged  in  wor	
 k which is primar ily intellectual, managerial,  or creative,  and which requires  exercise
of discretion and independent judgment;  or 
(2) The employ ee is licensed  or ce rtif
 ied by the State  of California,  and is engaged  in the  practice  of one  of the  following
recogniz ed  professions: law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounti	
 ng, or  the  employ ee 
is engaged  in an occupation  that is commonly recogniz ed as  a lear ned or artistic profession;  provided, however, that pharmacists 
employ ed to engage  in the  pr
 actice of pharmacy,  and registered nurses employ ed to engage  in the  pr	 actice of nursing, shall not 
be considered  exempt pr	
 ofessional employees, nor shall  they be	  considered exempt f	 rom coverage for the  purposes  of this section 
unless th	
ey individually meet the criteria established for  exemption as  executive or administr ative employ ees. 
(3) To  the 

extent  that  there  is no  conflict  with  California  law  (Labor  Code  Section  515(e)  requires  than an  employ ee  be
―p rimar ily‖ 	

engaged  in ex empt wor k, which  means  more  than one-half  of the  employ ee’s work time.  Thus  the ―p rimary  duty‖ test 
set  for th in  feder al  regulations  does not  appl y.), the  duties  that  meet  the  test  of the   administr ative  and  ex ecutive  exemptions  are 
defined  as set for th in the  following sections  of the  Code  of Feder al Regulations  as th ey existed  as of  the  date  of this w age order : 
29 C.F .R. Sections  541.1 (a)	
 -(c), 541.102,  541.104,  541.105,  541.106, 541.108,  541.109,  541.111, 541.115,  and 541.116 (defining 
ex ecutive duties);  29 C.F.R. Sections 541.2 (a)-(c), 541.201,  541.205, 541.208, and 541.210 (defining administ rati ve duties). 
(4) For the purposes of this section,  ―full-time emplo yment‖ means employment in which an employee is employ ed for 40
hours per week.  (B) Except  as pr ovided  in Sections  1, Applicability;  2, Definitions; 4, Minim um Wages;  9, Meals  and Lodging;  and 18, Penalties ,
the  pr ovisions  of  this  order  shall  not  apply to  any  employ ees  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) The  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  participating in  a  nati	
 onal service  pro gram,  such  as  Ameri-
Co rps, carried  out using assistance  provided  under Section  12571 of Title  42 of the  United States Code. (See Stats.  2000, ch.	
  365, 
amending Labor Code Section 1171.)

— 3  (F)
This  order  supersedes  any  industry  or  occupational  order  f or  those  employ ees  employ ed in  occupations  covered  by  this
orde
r.  2.
DEFINITIONS
(A)  ―Alte rnati ve workw eek schedule‖  means any regular ly scheduled workw eek proposed by  an employer who  has 
 control over
the  wage s, hour s, and working conditions  of the  employ ees, and ratified by  an employee work unit  in 	
 a neutr al secret ballot election, 
that requires an employ ee to work more than eight (8) hours in a 24-hour period. 
(B) ―Commission‖  means the Industrial W elfare Commission of the State of California.
(C) ―Const ruction  occupations‖ mean  all  job classifications associated with construction, including b ut not limited  to work in- 
volving  alteration,  demolition,  building,  e xcavation,  renovation,  remodeling,  maintenance,  improvement,  and  repair  work,  by  the 
California Business and Professions Code, Division 3, Chapter 9, Sections 7025  et seq., and a ny other similar or related occupa- 
tions or tr ades. 
(D) ―Division‖  means the Division of Labor Standards Enforcement of the State of California.
(E)  ―Drilling  occupations‖  mean all job classifications associated with  the exploration  or ext raction  of oil,  gas,  or w ater  	
resources
wor k, including b ut not limited  to the  installation, establishment, reworking, maintenance  or repair  of wells  and pumps by  boring, 
dr	

illing,  e xcavating,  casting,  cementing  and  cleaning  for  the  e xtraction  or co nveyance  of  fluids  such  as  water,  steam,  gases,  or 
petroleum. 
(F)―Emergency‖  means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.
(G) ―Empl oy‖  means to engage, suffer, or permit to wor k.
(H) ―Empl oyee‖  means any person employ ed by an employer.
(I) ―Empl oyer‖  means any person  as defined  in Section  18 of the  Labor  Cod	
 e, 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. 
(J) ―Hours  worked‖ means  the time  during which  an employee is 	
 subject to the  control  of an  employer,  and includes all the time
the employee is suffered or permitted to work, whether or not required to do so.  (K)―Logging  occupations‖ mean  any work for which a timber  operator ’s license  is required pursuant  to California Public Re- 
sources Code Sections  4571-4586, including  the cutting  or remov al or  both  of timber  or other  solid w ood forest products, including 
Ch ristmas trees, from timberlands f or commercial  purposes, together 
 with all the work  that is incidental thereto, including b ut not 
limited  to construction  and maintenance  of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, beds f or the  falling 
of trees, and fire hazard abatement.  (L) ―Mining  occupations‖  mean miners  and other  associated and related occupations (not covered by  Labor Code Sections 750
et seq. ) required  to engage  in excavation  or ope rations  above or bel ow ground including work  in 	
 mines, quarrie s,  or open pits, used 
f or  the  purposes  of exploration  or 	
 ext raction  of nonmetallic minerals  and ores, coal, and building materials such  as stone,  gravel, 
and rock, or other materials intended for manufacture or sale , whether paid on a time, piece rate, commission, or other basis. 
(M) ―Minor‖  means,  f or the  purpose  of  this  order,  any  person  under the  age	
  of  18  years  as  defined  by  Labor 	 Code  Sections
1285- 1312 and 1390 -1399.  
(N) ―Outside  salesperson‖  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 
f or  products, se rvices or use of facilities.  An ―outside  salesperson‖  does  not include an employ ee who makes  deli	
 veries or service 
calls for the purpose of installing, replacing, repairing, removing, or servicing a product.  (O)―Primar ily‖ means more than one-half the employ ee’s work time.
(	

P) ―Regula rly  scheduled workw eek‖ means a schedule where the  length of the shift and the number of  days 	
 of work are pre- 
designated pursuant to an alter native workweek schedule. 
(Q) ―Split  shift‖  means  a  work  schedule,  which  is  interr upted  by  non-paid  non-working  periods  established  by  the  em
 ployer,
other than bona fide rest or meal periods.  (R)―W ages‖  are as defined by California Labor Code Section 200.
(S) ―Wor kday‖  and  ―day‖  mean any consecutiv e 24-hour period beginning at the same time each calendar day.
(T)  ― Workw eek‖ and  ―w eek‖  mean any sev en (7) consecutive days, starting with  the s	
 ame calendar day each week. ―Workw eek‖
is a fix ed and regula rly recurring period of 168 hours , seven (7) consecutiv e 24-hour periods. 
(U) ―Work  unit‖ means all  nonexempt employ ees of  a single employ er  within a  given craft who share a common work  site.  A
w	

ork unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection are met.  3.
HOURS AND DAYS  OF WORK
(A) Daily Overtime - General Provisions (1) The following overtime  provisions are applicab le to employ ees 18 years  of age  or 	
 over 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 (1 1
/2 ) times such employ
ee’s regular r ate	
  of pay for all hours work ed over 40 hours in the 
workweek. Employment b eyond eight (8) hours in  any workday or  more than  six (6) days in  any workw eek is permissib le pr ovided 
the employee is compensated for such overtime at not less than:  (a) One and one-half  (11
/2 ) times 
the employ ee’s regular r ate	
  of  pay f or all hours work ed in  excess  of eight (8) hours
up to and including 12 hours in a ny  wor kday, and  for the first eight (8) hours worked on the seventh (7th) consecutiv e day of work 
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 kda	 y and  f or  all
hours worked in excess of eight (8) hours on the seventh (7th) consecutiv e day of work in a workweek. 
(c) The overtime r ate of compensation  to be paid  to 	
a  nonexempt full-time salaried employ ee shall be computed b y

— 4  using one-fortieth (1/40) of the employ
ee’s weekly salary as the employ ee’s  regular hourly rate of pay. 
(B	
) Alter native Workweek Schedules
(1) No employer, who has control over the w ages, hour s, and  wor	
 king conditions of employ ees, shall be deemed to hav e
violated  the pr ovisions  of  Section  3,  Hours  and  Days  of Wor k,  by  instituting,  pursuant  to the   election  procedures set  for th in  this 
order, a regularly scheduled alter native  workweek pursuant to the following conditions: 
(a)  The alter native workw eek schedule shall  provide f or work by  the af fected employ ees of  no  longer  than ten  (10) hours
per  day within a  40 hour  workw eek wi	
 thout the payment  to the  af fected employees  of an overtime r ate of  compensation pursuant 
to this section.  (b)An af fected employ ee working longer  than eight	
  (8) hours but no more  than ten  (10)	  hours in a day pursuant  to an
alter native workw eek schedule  adopted pursuant  to this section shall  be paid  an overtime r ate of c
 ompensation of not less  than one 
and  one-half  (11
/2 ) times 
the regular r ate of  pay  of the  employ ee for  any work  in excess  of the  regular ly scheduled hours established 
by the alter native workweek agreement and for an y work in excess of 40 hours per week. 
(c) An  overtime  r ate of  compensation  of not  less  than dou ble  the   employ ee’s  regular  r ate of	
   pay  shall be  paid  for
any	
 work  in excess  of 12 hours  per day  and 	
 for  any work  in excess  of eight (8) hours  on those days wo	 rked  bey ond  the regular ly 
scheduled wor kdays established by the alter native workweek agreement. 
(d) An  employ er  shall  not  reduce  an  employ ee’s  regular  rate  of hour ly 	
 pay as  a  result  of the   adoption,  repeal  or
nullification of an alter native  workweek schedule. 
(e) An employ er shall ma ke a reasonab le effort to find a work schedule not to exceed eight (8) hours in  a workday to
accommodate any affected employee who was eligible to vote in an election authoriz ed by this section and who is unable to work 
the   alter native  schedule  established  as the   result  of that   election. Employ ees af fected  by  a  change  in  work  hours  resulting from 
the  adoption  of an alter native workw eek s	
 chedule shall not be required  to w	 ork those new work hours f or at least  30 days after the 
announc	
ement of the final results of the election.  (f)An  employ er  shall  be permitted,  b ut not 	
 required, to provide  a  work  schedule  not to  exceed  eight  (8)  hours  in a
wor kday  to  accommodate  any  employ ee  who  was  hired  after  the date  of  the   el
 ection and  who  is una ble  to  work  the  alter native 
schedule established as the result of that election.  (g)An  employ er  shall  explore  any  availab le  reasonab le  alter native  means  of  accommodating  the  religious  belief  or
observance  of an  affected  employ ee that  	
 conflicts  with an adopted 	 alternative  workw eek  schedule,  in the   manner  provided  b y 
Government Code Section 12940(j).  (h)Notwithstanding  paragraph (B)(1), subpara graphs  
 (a)-(c), for employ ees working  in offshore oil  and gas produc- 
tion, drilling,  and servicing occupations,  as well  as for  employ ees working  in onshore oil  and gas separation occupations directly 
se rvicing offshore operations, an alter native workw eek schedule may authorize work by the  affected employ ees of no longer than 
12 hours per day within a 40 hour workweek without the payment to the affected employees of an overtime rate of compensation. 
Employ ees working pursuant to an alter native workw eek schedule adopted  pursuant to this section shall be paid an  overtime rate 
of  compensation  of no less than two (2) times their regular r ate of  pa	
 y in excess  of the regular ly scheduled hours established b y 
the   alter native  workw eek  agreement,  and  for  one  and one-half  (11
/2 )  times  their  regular  r
ate of  pay  f or  any  work  in  excess  of  40 
hours per week. The other provisions of this section, including those governing elections, shall apply to these occupations.  (i)In no case shall  an alternative workw eek r	
 equiring more than eight (8) hours  of work  in a day  be utiliz ed on a  public
wor	
ks contract in violation of Labor Code Sections 1810- 1815. 
(C) Election Procedures
Election procedures for the adoption and repeal of alternativ e workweek schedules require the following:
(1) Each proposal for an alternativ e workweek schedule shall be in the form of a written agreement proposed by the em- 
pl oy er who  has control ov er wages,  hours, and 	
 working conditions  of the  af fected employ ees, and adopted  in  a	  secret ballot election, 
held  before  the per formance  of wor k, by  at least a two-thirds (2/3) v ote of  the  af fected employ ees in  the  work unit. The proposed 
agreement must designate a regular ly scheduled alter native workw eek in  which  the specified number  of work da ys and work hours 
are regular ly recurring. The employ er may propose a single work schedule  that would become  the standard schedule f or workers 
in  the  unit,  or a me nu of work schedule options, from which each employ ee in the  unit would  be 	
 entitled to choose.  If the  	 employer 
proposes a menu of work schedule options , the employee may, with the approval of the employer, move from one menu option to 
anothe r. 
(2) The election shall be held during regular working hours at the employ ees’ work site. Ballots shall be mailed to the last
kn own   address  of  all  employ ees in  the   work  unit  who  are  not  present at the   work  site  on the  day  of the   el	
 ection  but  have  been 
employ ed by the employer within the last 30 calendar days immediately preceding the day of the election. 
(3) Prior  to the  secret ballot v ote, any employ er  who proposes  to institute an alternative workw eek s	
 chedule shall make
a  disclosure  in  writing  to the  affected  employ ees,  including  the ef fects  of the   proposed  arrangement  on the  employ ees	
 ’ w ages , 
hour s, and benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least 14 days prior  to v	
 oting, for the  specific 
purpose  of discussing  the eff	
 ects of the  alter native workw eek schedule.  An employ er shall  provide  the 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 . 
Notices shall  be mailed to the last  known  address  of all employ ees in  the  work unit  in accordance with  provision (2)  above. Failure 
to compl	

y with this para graph shall mak e the election  null and void. 
(4) Any election  to establish or  repeal  an alter native workw eek s	
 chedule shall be held during regular working hours  at the
wo	
rk  site  of the  affected  employ ees. The  employ er  shal	
 l 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  ma y 
require the employer 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 fec	 ted
employ ees. Upon  a  petition  of one-thi	
 rd  (1/3) of the  af fected  employ ees,  a  new  secret  ballot  election  shall  be  held, provided  six 
(6)	
months have passed since the election  authorizing the alter native workweek. A two-thirds (2/3) v ote of  the  af fected employees

—5 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.  (6) If the  number  of employ ees who are employ ed for at least  30 da ys in  the  wor k unit that adopted  an alternative workweek
schedule i	
ncreases by  50 percent above the number who v oted to ratify  the 	
 employer-proposed alter native workweek schedule , 
the employer must conduct a ne w ratification election pursuant to the rules contained in subsection (C). 
(7) The results  of any election conducted pursuant  to this order shall be a public document  and shall be	
  reported by the
employ er to  the   Of	
fice  of  Policy,  Research  and  Legislation  within  30  da ys  after  the  results  are  final. The  report  of the   election 
results  shall  also  be  posted at the   job  site	
  in  an  area frequented  by  employ ees  where  it  may 	 easily be  read  during the  wor kday. 
The  repo	
rt  shall include  the final tally  of the  vote,  the si ze  of the  unit,  and the nature  of the  business  of the  employer. Employ ees 
participating in the election shall  be free from intimidation and coercion. Ho	
 wever, nothing in this section shall prohibit  an employer 
from express	
ing its  position concerning  that  alter native  workw eek to  the  af fected  employ ees. No  employ ees  shall  be  di	
 scharged 
or   discrimi	
nated  against  for  expressing  opinions  concerning  the  alter native  workweek  election  or  for  opposing  or  supporting  its 
adoption or repeal. The labor commissioner shall investigate any alleged violation  of this section  and shall  upon finding a  serious 
violation render the alter native workweek schedule null and void. 
(D) Combination  of Overtime Rates. Nothing  in this section requires  an employer to  combine mo	
 re than  one r ate of overtime
compensation in order to calculate the amount to be paid  to an employee for any hour of overtime wor k. 
(E) Nondiscrimination. No  employ ee  shall be terminated,  disciplined  or  otherwise	
   discriminated  against  for  refusing  to  wor k
more than 72 hours in an y workweek, except in an emergency as defined in Section 2 (F) above. 
(F) Makeup Time.  If an  employ er appr oves   a  written 	
 request of an   employ ee to  ma ke  up  work  time  that is  or  would  be  lost
as   a  result  of  a  personal  obligation  of the   employee,  the  hours  of that  ma keup  work  time,  if per formed  in the  same  workw eek  in 
which  the work time w as lost, may  not be counted tow ard computing  the total  number  of hours work ed in  a day f or pu rposes  of the 
overtime requirements, except f or hours  in excess  of 11 hours  of work  in one (1) da	
 y or  40 hours  of work  in one (1) w	 orkweek. If 
an employ ee knows  in  advance  that he/she will  be requesting	
  ma keup  time f or a 	 personal obligation that will recur  at a fixed time 
over  a  succes	
sion  of  w eeks,  the  employee  may  request  to  make  up  work  time  for  up  to  four  (4)  weeks  in  advance;  provided, 
however,  that the  ma keup  work  must  be performed  in  the  same	
   week  that  the   work  time  w as  lost.  An  employ ee  shall  provide  a 
signed wri	
tten  request  for each  occasion that  the  employee  makes a  request  to  make  up  work time  pursuant to  this subsection. 
While an employ er may  inform  an employ ee of  this  makeup time	
  option, the employ er is prohibited from encouraging  or otherwise 
soliciting an employ ee to request  the employ er’s  appr oval to	
  take personal time off and  make up  the work hours within  the same 
wor	
kweek pursuant to this subsection. (See Labor Code Section 513.)  (G) One Day ’s Rest  in Sev en. The  provisions  of Labor  Code Sections  551 and 552 regarding  one (1) day ’s rest  in sev en (7)
shall  not be  const	

r ued  to prev ent  an  acc	
 umulation of  days of  rest	   when the  nature  of the   employment  reasonab ly  requires  the 
employ ee to work sev en (7)  or mo	
 re consecutive days; provided, however,  that in  each calendar month, the employ ee shall receiv e 
the equi valent of one (1) day ’s rest in seven (7). 
(H) Collective Bargaining Agreements (1) Subsections  (A), (B), (C), (D),  and (E) of Section  3, Hours  and Days of  Wor k, shall  not apply  to any employ ee covered
by a vali	

d collective bargaining agreement  if the  agreement expressly  provides f or the w ages, hours  of wor k, and  working condi- 
tions  of the  employ ees, and if the  agreement  pro	
 vides premium wage rates for  all overtime hours work ed and a regular  hourly rate 
of pa y for thos	
e employees of not less than 30 percent more than the state minimum wage. (See Labor Code Section 514). 
(2) Subsection  (F) of  Section  3,  Hours  and  Days of   Wor k,  shall  apply  to  any  employ ee  covered  by  a  valid  collective
bargaining agreement unless the collective bargaining agreement expressly provides otherwise.  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) Elev	
en dollars  ($11.00) per hour for all hours work	ed, 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.
(B) Any employer who employs 25 or fewer employees shall pay to each employ	
ee wages  not les	s 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) Elev	
en 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.  5.
REPORTING TIME  PAY
(A) All employ er-mandated trav el that  occurs after  the first location where  the employ ee’s	
 presence  is required by  the employ er
shall  be compensated  at the  employ ee’s	
 regular r ate of 	pay or,  if applicable,  the premium r ate that  	may  be required by  the pr o	 visions 
of Labor Code Section 510 and Section 3, Hours and Da ys of Work, above. 
(	

B) Each wor kday  that  an employ ee is	
  required to report to the work site  and does  	repor t, but is not  put  to work  or is  fu rnished
less than half of his/her usual or scheduled day ’s  work, the employer shall pay him/her for half the usual or scheduled day ’s  work, 
b ut  in no  ev ent f or less  than  two (2) hours  nor more  than  four  (4) hours  at the  	
employ ee’s regular r ate of  pay, which shall  not be 
l	
ess than the minimum w age. 
(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  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.

— 6  6.
RECORDS
(A) Every employer who has control over w ages, hour s, or working conditions shall keep accurate information with respect to
each employee, including the following:  (1) The employ ee’s full  name, home address, occupation,  and social security number. The employ ee’s date  of bi rth,  if under
18 
years  of age,  and designation  as a	
  minor. Time records showing when  the employ ee begins  and ends  each work period. Meal 
peri	
ods, split shift interv als, and total daily hours work ed shall also be recorded. Meal periods  during which operations cease and 
authorized rest periods need not be recorded.  (2) 	
Total  wages  paid each payroll  period, including value  of board, lodging,  or other  compensation actually  furnished  to the
emplo	

yee. 
(3) T otal hours work ed during the payroll  pe	
 riod and applicab le rates  of  p	 ay. This information shall  be made readily av ail-
ab le to  the  employ ee upon reasonab le reque	
 st. When a piece rate or incentive plan  is in  oper	 ation, piece rates or  an explanation 
of the i	
ncentive plan formula shall be provided to employ ees. An accurate production record shall be maintained by the employer. 
(B) Every employ er who  has control ov er w ages,  hours, or w	
 orking conditions shall semimonthly  or at  the  time  of each payment
of  wages  furnish each employ ee an itemiz ed statement in  writing showi	
 ng: (1) all deductions; (2) the  inclusive dates of the period 
f or  which  the employ ee is paid; (3)  the name	
  of  the  employ ee or the  employ ee’s social security number;  and (4) the name  of the 
employer,  provided all deductions made  on written orders of the  employ ee may  be aggregated  and shown  as  one  item. (See Labor 
Code  Section  226.) This  information  shall  be furnished  either  separately  or as   a  detachab le part  of the   chec k,  draft,  or  voucher 
paying the employ ee’s wages. 
(C) A	

ll  required  records  shall  be in the   English  language  and in  ink  or other   indelib le  for m, dated   properly,  showing  month,
day  and  year. The employ er  who  has control ov er w ages,  hours, or w	
 orking conditions shall also k eep said records  on file at the 
place	
  of  employment  or at a centr al location f or at least three y ears. An  employ ee’s records shall  be available for  inspection by  the 
employ ee upon reasona ble request. 
(D) Employers  performing  work  on pub lic  wor ks  projects  should  refer  to  Labor   Code	
   Section 1776  for  additional  payroll
reporting requirements.  7.
DEDUCTIONS  FR OM  PAY
No   employ er  shall  collect  or  deduct  from  any  employ ee  any part of the   wages  that  	
 are  paid  unless  such  deductions  are
allow ed by law. (See Labor Code Sections 220-226.) No fee shall be charged by the employer or agent of the employer for cashing 
a pa y	

roll chec k.  8.
UNIFORMS  AND  EQUIPMENT
(A) When  the employ er requires  uniforms  to	
  be worn by  the employ ee as a condition  of employment, such  uniforms  shall  be
pr ovided  and  maintained  by  the  employer. The  term ―uniform‖ 
 includes  wearing  apparel  and  accessories  of  distinctive  design  or 
color.  (B) When  the employ er requires  the use  of tools  or equipment  or they are necessary f or the  per for	
 mance of a  job, such tools
and equipment shall  be pr ovided  and maintained by  the empl	
 oyer, except that an employ ee whose w ages are at least two (2) times 
the   mi	
nim um  wage  may  provide  and  maintain  hand  tools and  equipment  customar ily  requi	
 red  by the particular  tr ade or  c	 raft  in 
conformity with Labor Code Section 2802.  9.
MEALS AND LODGING
(A) ―Meal‖  means an adequate , well-balanced serving of a variety of wholesome , nutritious f oods.
(B)  ―Lodging‖  means living accommodations availab le to  the  employ ee for full-time occupancy which are  adequate, decent, and
sani ta	

ry 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- 
pl oy er and  the  	

employee. When credit f or meals  or lodging  is used to meet  par	
 t of  the  employ er’s 	 minimum wage  obligation, the 
amounts so credited may not be more than the following:  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  renta	 l value,  and in no 
event more than   ................................................................. 
Where  a couple	

  are  both  employed  by the  employer,  two thi	
 rds (2/3) 
of the ordinary rental  value, and in no event	
  more than	 ..........
MEALS 
Breakfast  ........................................................................\
....   $3.
98  $4.70  $4.34 
Lunch  .................................................................................	

  $5	
 .47 
$6.47  $	 5.97 
Dinner  ................................................................................
  $	
7.34
  $8.68  $8.01 
$621.28/
month
  $919.0	
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	

ANUARY 1, 2017
 
26 or More 25 or Fewer  Employees Employees 
EFFECTIVE:
For	

 
an  employer  who employs: $
49.38/
week 
$ 40.76	

/
week 
$3.80  
$5 .

22  
$7.0
 9  
$593.05
/
month
month 
$877.2
7
/ $47.03/
week 
$38.82/ week 
$	

3.62  
$4.
 97  
$6.68  
$564.81
/
month
month 
$835.49
/$
 5	
1.73/
week 
$42	
.70/
week 
$3.98  
$5.47  
$	

7.	
35  
$621.
29/
month
month 
$919.0
4/$49.38/
week 
$40	

.76/
week 
$3.80  
$5
 .22  
$7.01 
$

593.05/
month
month 
$877.2
6/ $4.34
$5.97 $8.01 J
ANUARY 1, 2018
 
26 or More  25 or Fewer 
Employees 	

Employees  J
ANUARY 1, 2019  
26  	
or More 25 or  Fewer 
Emp	

loyees Employees  J
ANUARY 1,	
  2020
 
26 or More 25 or Fewer  Em p	

loyees Employees  (2)
Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system;  or
(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.  (D) Collective Bargaining Agreements. This section shall apply to any employees covered by a valid collective bargaining
agreement unless the collective bargaining agreement expressly provides otherwise.

— 7   2  (D) Meals evaluated 
as part  of the  minim um wage must  be bona fide meals consistent with  the 	 employee’s work shift.
Deductions shall not be made for meals not received or lodging not used.  (E) If,  as a condition  of employment,  the employ ee  must  li	
ve 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.  10.
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 employer and employee. (See Labor Code Section 512.) 
(B) An  employ er  may  not  employ  an  employ ee 	
f or  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  s	
econd meal period may  be waived  b	
y m utual consent of  employer and employ ee only if 	the first meal period w as not w aived. 
(See Labor Code Section 512.)  (C)In all places  of employment the employ er shall  provide  an adequate  	
supply  of potab le water, soap,  or other  suitab le cleans- 
ing agent and single use towels for hand washing. 
(D) Unless  the employ ee is	
 reliev ed of  all  duty  during a  30 minute	  meal period,  the 	meal  period shall be considered  an ―	on  duty‖
meal  period  and counted  as time work ed. An ―on  duty‖  meal  period shall  be permitted only when  the 	
 nature of the  work  prevents 
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 
a	
greed to and complies with Labor Code Section 512.  (E) Collective Bargaining Agreements. Subsections (A), (B),  and (D) of Section  10, Meal Periods, 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 ees, and	
  if  the  agreement  provides premium w age rates for  all overtime hours work ed and	  a regular  hourly 
rate of pa y for those employees of not less than 30 percent more than the state minimum w age. 
(F) If an  	

employ er  fails  to provide  an  employ ee  a  meal  period in 	
accordance  with  the  applicab le pr ovisions  of  this  order,  the
employ er shall pay  the employ ee one	
  (1) hour  of  pay  at the  employ ee’s	 regular r ate of compensation f or each wor kday  that  the  meal 
period  is 	
 not provided.  In cases where a valid collective bargaining agreement pr ovides final and binding mechanism f or resolving 
disputes regarding enforcement of the meal period provisions, the collective bargaining agreement will prevail.  11.
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. Nothing  in 	
 this provision shall  prev ent  an employ er from staggering rest  periods  to avoid interruption in 
the  fl ow  of work  and to maintain contin uous operations,  or from scheduling rest  periods to	
 coincide with breaks  in the  fl ow  of wor k 
that  occur  in the  course  of the wor kday. The authoriz ed rest period time shall  be based on the  total  	
hours work ed daily at	 the  rate  of 
ten  (10)  minutes  net rest time f or every f our (4) hours work ed, or major fraction thereof. Rest  periods shall ta	
ke place at employer 
designated areas, which may include or be limited to the employ ees’ immediate work area. 
(B) Rest periods need  not be authorized in l	
imited circumstances when the  disruption of continuous operations would jeopar- 
di ze the product or process of the  work. However, the employer shall make up the missed rest period within the same wor kday or 
compensate the employ ee for the missed ten (10) minutes of rest time at his/her regular rate of pay within the same pay period. 
(C) A rest  period need not be autho r	
iz ed for 	employ ees whose  total daily work time  is less than three  and one-half  (31
/ )  hour s.
A uthorized rest period time shall be counted as hours work ed for which there shall be no deduction from wages. 
(D) 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 wor kday  that  the  rest 
period  is	
 not  provided.  In cases where a valid collective bargaining agreement  provides final  and binding mechanism f or resolving 
disputes regarding enforcement of the rest period provisions, the collective bargaining agreement will prevail. 
(E) This section shall  not apply to any employ ee covered by a valid collective bargaining agreement  if the  	
 collective bargaining
agreement provides equivalent protection.  12.
SEATS
Where practicab le and consistent with applicab le industry-wide standards, all working employ ees shall  be pro	
vided with suitab le
seats when  the nature  of the  process  and the work  performed reasonab ly permits  the 	
use  of seats. This section shall  not exceed 
regulations promulgated by the Occupational Safety and Health Standards Board.  13.
 TEMPERATURE
The temperature maintained  in each interior work area shall  provide reasonab le comfort consistent with industry-wide standards
f or  the  nature of  the process and the  work performed. This section shall not exceed regulations promulgated by the  Occupational 
Sa fety and Health Standards Board.  14.
ELEVATORS
Where practicab le and consistent with applicab le industry-wide standards,  adequate elev ator s, escalators,  or similar  service
consistent with industry-wide standards for the nature of the process and the work performed, shall be pr ovided when employees

— 8  are employ
ed 60 feet  or  more  above  or bel ow ground level. This section shall  not	  exceed regulations promulgated by the Occupa- 
tional Safety and Health Standards Board.  15.
EXEMPTIONS
If,  in the  opinion  of the  Division after  due investigation,  it is  found  that the  enforcement  of 	
any provision contained  in Section  6,
Records; Section  11, Rest Periods; Section  12, Seats; Section 13, Temperature; or Section  14, Elev ator s, would  not materially  affect 
the  welfare  or comfort  of employ ees and  would work  an undue hardship  on the  employer,  exe	
 mption may be made at the  	 discretion 
of  the  Division. Such  exemptions shall  be in writing  to	
  be  effective  and 	 may be revok ed after reasonab le 	 notice is gi ven  in writing. 
A	
pplication f or ex emption shall  be made by the e	
 mployer 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 place of employment at the time the application is filed with the Division.  16.
FILING REPOR TS
(See California Labor Code, Section 1174(a)) 17.
INSPECTION
(See California Labor Code, Section 1174) 18.
PENALTIES
(A) Penalties f or Violations of  the Provisions of  this Order. Any employ er or  any other  person acting on  behalf of the em	
 ployer
who violates,  or causes  to be violated,  the pr ovisions  of this order, shall  be subject to 	
civil  and criminal penalties  as pr ovided b y 
law.  In addition, violation of any provision of this order shall be subject to a civil penalty as follows: 
(1) Initial Violation -  $50.00 for each  underpaid employ ee for  each pay  period  during which  the e	
 mployee was under	paid
in addition to the amount which is sufficient to recover unpaid w ages. 
(2) Subsequent Violations  -  $100.00  f or  each  underpaid  employ ee  for  each  pay  pe	
 riod during  which  the  em	 ployee  was
under	
paid in addition to an amount which is sufficient to recover unpaid w ages. 
(3) The  affected employ ee shall receive payment  of al	
 l wages  recovered. The labor commissioner may also issue citations
pursuant to California Labor Code Section 1197.1 for non-payment of wages for overtime work in violation of this order.  (B) Penalties f or Violations  of Child  Labor Laws. Any employ er or  other person acting  on behalf of the  em	
 ployer is subject to
civil penalties  of from  $500 to $10,000  as  well  as to criminal penalties f or violation  of child labor laws. (See  Labor Code Sections 
1285  to 1312  and 1390  to  1399  f or  additional  restrictions  on the  employment  of 	
 minors and  for  descriptions  of criminal  and  civil 
penalties f or violation  of the  child labor laws .) Employers should inquire  at local school districts about any required work  permits 
requi	

red for minors attending school. 
(In addition, see California  Labor Code, Section 1199)  19.
SEPARABILITY
If  the  application  of any  provision  of this order,  or any section, subsection, subdivision, sentence, clause,  phase, word,  or portion
of   thi

s  order  should  be  held  invalid or  unc	
 onstitutional or unauthoriz ed or   prohibited  by  statute,  the  remaining  provisions  thereof 
shall  not be  affected thereby, b ut	
  shall continue to be	  gi ven full force  and ef fec	 t as  if  the  part  is 	held  to be invalid  or unconstitutional 
had not been inc	
luded herein.  20.
POSTING OF ORDER
Every employ er shall k eep a copy  of this order posted  in an  area frequented by employ ees where  it may  be easily read  during
the  w	

or kd ay. Where  the location  of work  or other  conditions  make this impractical, every employ er shall k eep a co py of this order , 
and make it available to every employ ee upon request. Q
UESTIONS AB OUT ENFORCEMENT of  the Indust rial 
Welfar e Commission  orders and reports  of violations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Office" on the internet or any 
other directory.   The Labor Commissioner  has offices  in the  following 
c	
ities: 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 Jose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  SUMMARIES I
N 	
 OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RESUMEN EN OTRO S IDIOMAS 
El	

  Depart amento  de Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603.  Depart
ment of Industrial Relations  
P.O.  Box  420603  
San F rancisco, CA 94 142-0603

— 9  EMPLOYERS:    
Do not send copies  of your alternative workw eek 
election  ballots  or  election  procedures. 
Only  the 
results  of  the  alternative  workw eek  election 
shall  be mailed to:  Department
  of   Industrial  Relations 
Office of Policy, Research and Legislation 
P.O. Box  420603 
San  Francisco,  CA   94142-0603 
(415)  703-4780 Pr
evailing Wage  Hotline  (415)  703-4774  All 
complaints  are	
 handled  confidentiall	 y.  For fu rther	  inform ation	  or  to	 file  your  complaints,  contact the State  of Californ ia	 at  the  foll	 owing  depart ment offices: 
California Labor Commissioner's Office, also known as,  Division of Labor Standards Enforcement (DLSE) BA
KERSFIELD 
Labor Commissioner's Office/DLSE   
7718  Meany  Ave. 
Bake rsfield,  CA  93308 
661-58 7-3060
EL CENTRO 
Labor Commis sioner's Office/DLSE    
1550	

  W.  Main  St. 
El  Centro,  CA  92643 
760-3 53-0607
FRESNO 
Labor Commissioner's Office/DLSE     
770  E. Shaw  Ave., Suite  222 
Fr esno,  CA  93710 
559-2 44-5340
LONG BEACH 
Labor Commissioner's Office/DLSE      300

  Oceangate,  3rd 
 
Floor 
Long  Beach,  CA  90802 
562-5 90-5048
LOS ANGELES 
Labor Commissioner's Office/DLSE     
320  W. Fourth  St., Suite  450 
Los  Angeles,   CA  90013 
213-6 20-6330
OAKLAND 
Labor Commissioner's Office/DLSE   
151

5  Clay  Street, Room  801 
Oakland,   CA   94612 
510-62 2-3273
OAKLAND – HEADQUARTERS  
Labor Commissioner's Office/
DLSE      1515 Clay Street, Room 
401 Oakland, CA 94612
510-285-2118
[email protected] SAN JOSE 
Labor  Commissioner's  Office/DLSE  
100  Paseo  De San  Antoni o,  Room  120 
San  Jose , CA   95113 
408 -277 -1266
SANTA ANA 
Labor  Commissioner's  Office/DLSE  
2 MacArthur Place, Ste. 800                        
Santa Ana, CA 92707
714-5 58-4910
SANTA BARBAR A 
Labor  Commissioner's  Office/DLSE  
411  E. Canon  Perdido,  Room  3 
Santa  Barbara , CA   93101 
805-5 68-1222
SANTA ROS A 
Labor  Commissioner's  Office/DLSE  
50  “D”  Street,  Suite 360 
Santa  Rosa,  CA  95404 
70 7-5 76-2 362
STOC KTON 
Labor  Commissioner's  Office/DLSE  
31  E. Channel  Street, Room 317 
Stock ton, CA 95202 
209-9 48-7771
VAN  NUYS  
Labor Commis	sioner's Office/DLSE
6150  Van Nuys  Boulevar d, Room  206 
Van  Nuys,  CA  91401 
818-90 1-5315 REDDING 
Labor Commissioner's Office/DLSE        
250 Hemsted Drive, 2nd Floor, Suite A  
Redding,  CA  96002 
530-2 25-2655
SAC RAMENTO 
Labor Commissioner's Office/DLSE   
2031  Howe  Ave, Suite  100 
Sacram ent	
o, CA  95825 
916-2 63-1811
SALINAS 
Labor Commissioner's Office/DLSE   
950 E. Blanco Rd., Suite 204 
Salinas, CA 93901
831-443-3041 SAN BERNARDINO 
Labor Commissioner's Office/DLSE      
464  Wes t 4th 
 
Street,  Room 348 
San  Berna rdino,  CA  92401 
909-38 3-4334
SAN DIEGO 
Labor Commissioner's Office/DLSE     
7575  Metropolitan,  Room 210 
San  Diego,  CA  92108 
619-22 0-5451
SAN FRANCISCO 
Labor Commissioner's Office/DLSE      
455  Golden  Gate Ave. 10th 
 
Floor 
San  Francisco,  CA  94102 
415-703-530 0