California Industrial Welfare Commission (IWC) Wage Order #17 Miscellaneous Employees Poster

OFFICIAL NOTICE  	
INDUSTRIAL WELFARE COMMISSION 
ORDER NO. 17 -2001  
REGULATING  
WAGES, HOURS AND WORKING CONDITIONS IN THE  	
MISCELLANEOUS EMPLOYEES 	
Effective January 1, 2002 as amended  	
 	
Please refer to IWC Order MW-2023  regarding application of the mandatory minimum wage 
and meal and lodging credits  	
 	
This Order Must Be Posted Where Employees Can Read It Easily 	
 
 
 
 
 
 
 
 
 
 
 
 
IWC FORM 1117 (Rev. 11-2022) 	
  OSP 06 98775

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results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research and 
Legislation within 30  days after the r esults are final, and the report of election results shall be a public document. The report  shall 
include the final tally of the vote, the size of the unit, and the nature of the business of the  employer. 	
(G) 	 Employees affected  by a change in the work hours resulting from the adoption of an alternative workweek schedule may 
not be required to work those new work hours for at least 30  days after the announcement of the final results of the  election. 	
(H) 	 Employers shall not  intimidate or coerce employees to vote either in support of or in opposition to a proposed alternative 
workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative work - 
week  election  or for  opposing  or  supporting  its adoption  or repeal.  However,  nothing in this  section  shall  prohibit  an  employer  from 
expressing  his/her position  concerning  that alternative  workweek to  the  affected  employees.  A  violation  of  this  subsection  shall be 
subject to Labor Code Section 98  et seq. 	
6.  	MINORS  
VIOLATIONS  OF  CHILD  LABOR  LAWS  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 for additional restrictions on the employment of minors 
and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school distr icts about 
any required work  permits.  	
7. 	COLLECTIVE BARGAINING  AGREEMENTS 
(A)  	 Sections 4 and 5 of this order shall not apply to any employee covered by a valid collective bargaining agreement if the 
agreement  expressly  provides for  the  wages,  hours  of  work,  and  working  conditions  of  the  employees,  and  if the  agreement  provides 
premium  wage  rates for  all  overtime  hours worked  and a regular  hourly  rate  of pay  for  those  employees  of  not  less  than  30 percent 
more than the state minimum  wage.  	
(B) 	 Notwithstanding  Section 7(A), where  the  employer  and  a  labor  organization  representing  employees of  the  employer  have 
entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement regarding 
the equivalent of one (1) day’s  rest in seven (7) (see Section 5(G) above) shall apply,  unless the agreement expressly provides 
otherwise.  	
8. 	MAKEUP  TIME  
If an  employer  approves  a  written  request  of  an  employee  to make  up work  time  that is  or would  be lost  as  a  result  of  a  personal 
obligation of the  employee, the hours of that makeup work time, if performed in the same workweek in which the work time was 
lost, may  not be counted toward computing the total number of hours worked in a  day for purposes of the overtime requirements, 
except  for  hours  in  excess  of 11  hours  of  work  in  one  (1) day  or  40  hours  of  work  in  one  workweek.  If  an  employee  knows in  advance 
that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over  a succession of weeks, the 
employee  may request to make up work time for up to four (4) weeks in advance; provided, however,  that the makeup work must 
be  performed  in  the  same  week that  the  work  time  was lost.  An  employee  shall provide  a  signed  written request  for  each  occasion 
that  the employee makes  a request  to make  up work  time  pursuant  to this  section.  While  an employer  may inform  an  employee  of 
this  makeup  time option,  the  employer  is  prohibited  from encouraging  or otherwise  soliciting an  employee  to request  the  employer’s 
approval to take  personal time off and make up the work hours within the same workweek pursuant to this  section.  	
9. 	MEAL  PERIODS  
(A) 	 No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 
30 minutes, except that w hen a work period of not more than six (6) hours will complete the  day’s work the meal period  may be 
waived by  mutual consent of the employer and the  employee. 	
(B) 	 An employer may  not employ an employee for a work period of more than ten (10) hours per day  without providing the 
employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hour s, 
the second meal period  may be waived by mutual consent of the employer and the employee only if the first meal period was not 
waived.  	
(C) 	 If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order,  the 
employer shall  pay the employee one (1) hour of pay  at the employee’s regular rate of compensation for each workday that the 
meal period is not  provided. 	
10. 	PENALTIES  
In addition to any other civil or criminal penalty provided by law, any employer or any other person acting on behalf of the 
employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:  
(A) 	 Initial Violation  - $50.00 for each underpaid employee for each  pay period during which the employee was underpaid in 
addition to the amount which is sufficient to recover unpaid  wages. 	
(B) 	 Subsequent  Violations  -  $100.00  for each  underpaid  employee for each  pay period  during which the  employee  was 
under - paid in addition to an amount which is sufficient to recover  unpaid wages. 	
(C) 	 The affected employee shall receive payment of all wages  recovered.  	
(D) 	 The labor commissioner  may also issue citations pursuant to California Labor Code Section 1197.1 for non- payment of

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wages for overtime work in violation of this order. 
11. 	SEPARABILITY  
If the  application  of any  provision  of this  order,  or  any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  word, or  
portion  of this  order  should  be held  invalid  or  unconstitutional  or  unauthorized  or prohibited  by statute,  the  remaining  provisions 
thereof shall  not  be  affected  thereby, but  shall  continue  to be  given  full force  and effect  as if  the  part  so held  invalid  or  unconstitutional  
had not been included herein. 	
12. 	POSTING OF  ORDER 
Every  employer  shall  keep a  copy of  this  order  posted  in an  area  frequented  by  employees  where  it may  be  easily  read during 
the  workday.  Where the location of work or other conditions make this impractical,  every employer shall keep a copy of this order 
and make it available to every employee upon  request. 	
 
 
 
 
 
 
 
 
 
 
 
 
 	
QUESTIONS  ABOUT  ENFORCEMENT  of  the  Industrial  Welfare 
Commission  orders  and  reports  of  violations  should  be directed  to the 
Division  of  Labor  Standards  Enforcement.  A listing  of  the  DLSE  offices 
is  below  on  this  wage  order. Look  in  the  white  pages  of  your  telephone 
directory under CALIFORNIA, State of, Industrial Relations for the 
address and telephone number of the office nearest you. The Divi - 
sion  has  offices  in  the  following  cities: Bakersfield,  El Centro,  Fresno, 
Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, 
San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, 
Santa Barbara, Santa Rosa, Stockton,  Van Nuys.  	
 	
SUMMARIES IN OTHER LANGUAGES  	
The Department  of  Industrial  Relations  will make  summaries  of  wage 
and  hour  requirements  in  this  Order  available  in  Spanish,  Chinese 
and  certain  other  languages  when  it  is  feasible  to do  so.  Mail  your 
request for such summaries to the Department  at:  
P.O. Box 420603, San Francisco, CA  94142-0603.  	
RESUMEN EN OTROS IDIOMAS  	
El Departamento  de  Relaciones  Industriales  confeccionara  un re - 
sumen  sobre  los  requisitos  de  salario  y horario  de  esta  Disposicion 
en español, chino y algunos otros idiomas cuando sea posible 
hacerlo. Envie por correo su pedido por dichos resumenes al 
Departamento  a:  P.O.  Box  420603,  San  Francisco,  CA  94142- 0603. 
   
 	Department of Industrial Relations  
P.O. Box 420603  
San Francisco, CA 94142- 0603

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For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html	 or  contact the State of California at the following department offices:  	 Division of Labor Standards Enforcement (DLSE) 	
BAKERSFIELD 
Division of Labor Standards 
Enforcement  
7718 Meany Ave.  
Bakersfield, CA 93308  
661- 587-3060  
 	
SACRAMENTO	 	
Division of Labor Standards 
Enforcement  
2031 Howe Ave, Suite 100 
Sacramento, CA 95825 
916-263-1811  
  SANTA BARBARA
 
Division of Labor Standards 
Enforcement  
411 E. Canon Perdido, Room 3 
Santa Barbara, CA 93101   
805- 568-1222  	
 	
EL CENTRO	 	
Division of Labor Standards 
Enforcement  
1550 W. Main St.  
El Centro, CA 92643   
760- 353-0607  
 	
SALINAS	 	
Division of Labor Standards 
Enforcement 
1870 N. Main Street, Suite 150 
Salinas, CA 93901  
831- 443-3041  	
SANTA ROSA	 	
Division of Labor Standards 
Enforcement  
50 “D” Street, Suite 360  
Santa Rosa, CA 95404   
707- 576-2362  
FRESNO  
Division of Labor Standards 
Enforcement   
770 E. Shaw  Ave., Suite  222  
Fresno,  CA  93710  
559- 244-5340  	
 	
SAN BERNARDINO	 	
Division of Labor Standards 
Enforcement 
464 West 4	
th Street Room 348 
San Bernardino, CA 92401 
909- 383-4334  
 	
STOCKTON	 	
Division of Labor Standards 
Enforcement  
31 E. Channel Street, Room 317 
Stockton, CA 95202  
209- 948-7771  	
LONG	 BEACH	 	
Division of Labor  Standards  
Enforcement 
 300 Oceangate, 3	
rd  Floor  
Long Beach,  CA   90802 
562- 590-5048  
 	
SAN DIEGO	 	
7575 Metropolitan Dr. Room 210 
San Diego, CA 92108   
619- 220-5451  	
VAN NUYS	 	
Division of Labor Standards 
Enforcement  
6150 Van Nuys Boulevard, 
Room 206   
Van Nuys, CA 91401  
818- 901-5315  
 	
LOS	 ANGELES	 	
Division of Labor  Standards  
Enforcement 
320 W.  Fourth St.,  Suite  450 
Los Angeles,  CA  90013 
213- 620-6330  
 	
SAN FRANCISCO	 	
Division of Labor Standards 
Enforcement 
455 Golden Gate Ave. 10	
th Floor  
San Francisco, CA 94102   
415- 703-5300  	
OAKLAND 	– HEADQUARTERS	 	
Division of Labor Standards 
Enforcement  
1515 Clay Street, Room 1302  
Oakland, CA   94612   
510- 285-2118  
 	
OAKLAND	 	
Division of Labor  Standards  
Enforcement 
1515 Clay Street,  Room 801 
Oakland,  CA 94612 
510- 622-3273  
  SAN JOSE
 
Division of Labor Standards 
Enforcement  
100 Paseo De San Antonio, 
Room 120   
San Jose, CA 95113  	
408	-277	-1266	 	
EMPLOYERS: Do not send 
copies of your alternative workweek 
election ballots or election procedures.  
Only the results of the alternative 
workweek el ection 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 
 	
REDDING  
Division of Labor Standards 
Enforcement  
250 Hemsted Drive, 2nd Floor, Suite A   
Redding, CA  96002 
530- 225-2655  
 	 
SANTA  ANA 
Division of Labor Standards 
Enforcement 
2 MacArthur Place, Ste. 
800  
Santa Ana, CA 92707 
714- 558-4910  
 	
 	Prevailing Wage Hotline (415) 703	-4774