California Free Printable Labor Law Posters Posters California Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving Industry Poster

 Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving Industry PDF

The Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving Industry is a labor law posters poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in the canning, freezing, and preserving industry.

This poster must be posted in a conspicuous place where all employees of any California canning, freezing, and preserving Industry will see it. Employers can also request if they need this poster in another language. This poster describes the standards and laws that must be followed in the Canning, freezing, and preserving industry. Such laws include minimum wage rate, working overtime, holding records, and regulations for disabled workers.


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 NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 3-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
CANNING, FREEZING, 
AND PRESERVING INDUSTRY 
Effective January 1, 2001 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, pursuant to SB 3, Chapter 4, Statutes of 2016  and section 1182.13 of the Labor Code 	
 	
This Order Must Be Posted Where Employees Can Read It Easily 	
 
 
 
 
 
 
 
 
 
 
 
 	
IWC FORM 1103 (Rev. 11/2020) 	
OSP 06 98761

—	1 	
 
 
TAKE NOTICE: 	To employers and representatives 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 W elfare  Commission’s Orders as a result of legislation enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section  1182.12  of  the California 
Labor Code),  and  pursuant to  section  1182.13  of  the  California  Labor  Code. The amendments and republishing make no other 
changes to the IWC’s Orders. 	
1. APPLICABILITY OF ORDER 	
This order shall apply to all persons employed in the canning, freezing, and preserving industry whether paid on a time, piece rate, 
commission, or other basis, except that: 
(A)	 Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or professional 
capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption 
from those sections: 
(1) 	Executive Exemption. A person employed in an executive capacity means any employee: 
(a) 	Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a 
customarily recognized department or subdivision thereof; and 	
(b)	 Who customarily and regularly directs the work of two or more other employees therein; and 	
(c) 	Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or 
firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and 	
(d)	 Who customarily and regularly exercises discretion and independent judgment; and 	
(e)	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and 
non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor 
Standards  Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt work shall 
include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as  a means for 
carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and  foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations 
and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. 	
(f) 	Such an employee must also earn  a monthly salary equivalent to no less than two  (2) times the state minimum wage 
for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
(2)	 Administrative Exemption. A person employed in an administrative capacity means any employee: 
(a) 	Whose duties and responsibilities involve either: 
(i) The performance of office or non-manual work directly related to management policies or general business 
operations of his/her employer or his/her employer’s customers; or 
(ii)	 The performance of functions in the administration of a school system, or educational establishment or institution, or 
of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and 	
(b) 	Who customarily and regularly exercises discretion and independent judgment; and 	
(c)	 Who regularly and directly assists  a proprietor, or an employee employed in  a bona fide executive or administrative 
capacity (as such terms are defined for purposes of this section); or 	
(d)	 Who performs under only general supervision work along specialized or technical lines requiring special training, 
experience, or knowledge; or 	
(e) 	Who executes under only general supervision special assignments and tasks; and 	
(f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- 
exempt work shall be construed in the same manner as such terms  are construed in the following regulations under the Fair Labor 
Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work 
shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for 
carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and  foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations 
and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. 
(g) 	Such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage	 	
for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
 	 	 	 	 	 	 	
 	 	
 	  	 	 	 	
 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	 	  	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIAL  WELFARE  COMMISSION 
ORDER  NO.  3-2001 	
REGULATING 	
WAGES,  HOURS  AND WORKING  CONDITIONS IN  THE 	
C	A	N	N	IN	G	, F	REE	Z	IN	G	, A	N	D	 PRES	E	R	V	IN	G	 INDUS	T	R	Y

—	2 	
 	
(3)	 Professional Exemption. A person employed in  a professional capacity means any employee who meets all of the	 	
following requirements: 	
(a) 	Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following	 	
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or 	
(b)	 Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the	 	
purposes of this subsection, “learned or artistic profession” means an employee who is primarily engaged in the performance of: 	
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a pro-	 	
longed course of specialized intellectual instruction and study, as distinguished from a general academic education and from an	 	
apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential	 	
part of or necessarily incident to any of the above work; or 	
(ii) 	Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work	 	
which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which de-	 	
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident	 	
to any of the above work; and 	
(iii)	 Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual,	 	
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be	 standardized 
in relation to a given period of time. 	
(c) 	Who customarily and regularly exercises discretion and independent judgment in the performance of duties set	 	
forth in subparagraphs (a) and (b). 	
(d) 	Who earns  a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time	 	
employment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week. 	
(e)	 Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as	 	
they existed as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308	 	
and 541.310. 	
(f) Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of pharmacy,	 	
and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor	 	
shall they be considered exempt from coverage for the purposes of this subparagraph unless they individually meet the criteria	 	
established for exemption as executive or administrative employees. 	
(g) 	Subparagraph (f) above shall not apply to the following advanced practice nurses: 
(i) Certified nurse midwives who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(ii)	 Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iii)	 Certified nurse practitioners who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iv)	 Nothing in this subparagraph shall exempt the occupations set forth in clauses (i), (ii), and (iii) from meeting	 	
the requirements of subsection 1(A)(3)(a)-(d) above. 	
(h) 	Except, as provided in subparagraph (i), an employee in the computer software field who is paid on an hourly basis	 	
shall be exempt, if all of the following apply: 	
(i) The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion	 	
and independent judgment. 	
(ii)	 The employee is primarily engaged in duties that consist of one or more of the following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine	
 hardware, software, or system functional specifications. 	
—The design, development, documentation, analysis, creation, testing, or modification of computer systems 
or	
 programs, including prototypes, based on and related to user or system design specifications. 	
—The documentation, testing, creation, or modification of computer programs related to  the design of 
software or	
 hardware for computer operating systems. 	
(iii)	 The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized	 	
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the	 	
applicability of this exemption. 	
(iv)	 The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Office of Policy, Research	 	
and Legislation shall adjust this pay rate on October  1 of each year to be effective on January  1 of the following year by an	 	
amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.	1 	
(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: 
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and software	 	
engineering. 
                                                           1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director - Research, Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay 	
specified 	in this subdivision to be $49.77, effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 	
htt ps://www.dir.ca.gov/iwc/computerSoftwareEmployees.html	 or by mail from the Department of Industrial Relations.

—	3 	
 	
(ii) 	The employee is in a computer-related occupation but has not attained the level of skill and expertise	 	
necessary to work independently and without close supervision. 	
(iii)	 The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of	 	
computer hardware and related equipment. 	
(iv)	 The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon	 	
or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software,	 	
including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v)	 The employee is a writer engaged in writing material, including box labels, product descriptions,	 	
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or	 	
for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to	 	
computer-related media such as the W orld W ide W eb or CD-ROMs. 	
(vi)	 The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating	 	
imagery for effects used in the motion picture, television, or theatrical industry. 	
(B)	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly	 	
employed 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 national service program, such as	 	
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000,	 	
Ch. 365, amending Labor Code Section 1171.) 
2. DEFINITIONS 	
(A) 	An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than	 	
eight (8) hours in a 24-hour period. 	
(B) 	“Canning, Freezing, and Preserving Industry” means any industry, business, or establishment operated for the purpose of	 	
canning soups, or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving, or otherwise processing any fruits or	 	
vegetables, seafood, meat, poultry or rabbit product, when the purpose of such processing is the preservation of the product and	 	
includes all operations incidental thereto. 	
(C)	 “Commission” means the Industrial Welfare Commission of the State of California. 	
(D)	 “Division” means the Division of Labor Standards Enforcement of the State of California. 	
(E) 	“Employ” means to engage, suffer, or permit to work. 	
(F) 	“Employee” means any person employed by an employer. 	
(G)	 “Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent	 	
or any other person, employs or exercises control over the wages, hours, or working conditions of any person. 	
(H) 	“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. 	
(I) “Minor” means, for the purpose of this order, any person under the age of 18 years. 	
(J)	 “Outside salesperson” means any person, 18 years of age or over, who customarily and regularly works more than half the	 	
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for	 	
products, services or use of facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time. 	
(L)	 “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. 	
(M)	 “Split shift” means a work schedule, which is interrupted by non-paid non-working periods established by the employer,	 	
other than bona fide rest or meal periods. 	
(N)	 “Teaching” means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the	 	
Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(O) 	“Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or	 	
ascertained by the standard of time, task, piece, commission basis, or other method of calculation. 	
(P)	 “Workday” and “day” mean any consecutive 24-hour period beginning at the same time each calendar day. 	
(Q)	 “Workweek” and “week” mean any seven (7) consecutive days, starting with the same calendar day each week. “Workweek”	 	
is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods. 
3. HOURS AND DAYS OF WORK 	
(A)	 Daily Overtime - General Provisions 
(1)	 The following overtime provisions are applicable to employees 18 years of age or over and to employees 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 employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless	 	
the employee receives one and one-half (1	1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the	 	
workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six 
(6) days in any workweek is permissible under the following conditions:	
 	
(2)	 An employee may work up to a maximum of 72 hours in seven (7) consecutive days after which the employee shall	 	
have a 24-hour period off duty. Overtime hours shall be compensated at: 	
(a) 	One and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours

—	4 	
 
up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7	t) consecutive day 
of work	
 in a workweek; and 	
(b)	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all	 	
hours worked in excess of eight (8) hours on the seventh (7	th) consecutive day of work in a workweek. 	
(3)	 The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed	 	
by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary. 	
(B)	 Alternative Workweek 
(1) 	No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election	 	
procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per	 	
day within  a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday	 	
beyond the  schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and	 	
one-half (1	1/2) 
times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of	 	
eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative	 workweek 
agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted
 pursuant 
to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an
 employer, 
at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by	
 the 
alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of	
 	
overtime. No hours paid at  either one and one-half (1	1/2) or double the regular rate of pay shall be included in determining when	 	
40 hours have been worked 
for the purpose of computing overtime compensation. 	
(2)	 Any agreement adopted pursuant to this section shall provide not less than two consecutive days off within a work-
week If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires an 
employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee	
 	
overtime compensation at a rate of one and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of	 	
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee	 	
is required to work the reduced hours. 	
(3)	 An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification	 	
of an alternative workweek schedule. 	
(4)	 An employer shall explore any available reasonable alternative means of accommodating the religious belief or	 	
observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by	 	
subdivision (j) of Section 12940 of the Government Code. 	
(5) 	An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order	 	
to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work	 	
the alternative workweek schedule established as the result of that election. 	
(6)	 An employer shall be permitted, but not required, to provide  a work schedule not to exceed eight (8) hours in  a	 	
workday to accommodate any employee who is hired after the date of the election and who is unable to work the alternative	 	
workweek schedule established by the election. 	
(7) 	Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect	 	
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election	 	
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the	 	
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek	 	
schedule of not more than ten (10) hours  a day as of July 1, 1999, that alternative workweek schedule was based on an	 	
individual agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the	 	
employer approved, a writ- ten request on or before May 30, 2000 to continue the agreement, the employee may continue to	 	
work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the	 	
agreement. The employee may revoke his/her voluntary authorization to continue such a schedule with 30 days written notice to	 	
the employer. New arrangements can only be entered into pursuant to the provisions of this section. 	
(C) 	Election Procedures 	
Election procedures for the adoption and repeal of alternative workweek schedules require the following: 	
(1) 	Each proposal for an alternative workweek schedule shall be in the form of  a written agreement proposed by the	 	
employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of	 	
work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be	 	
specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit,	 	
or a menu of work schedule options, from which each employee 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 another. 	
(2)	 In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before	 	
the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held	 	
during regular working hours at the employees’ work site. For purposes of this subsection, “affected employees in the work unit”	 	
may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate	 	
physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as	 	
the criteria for an identifiable work unit in this subsection are met. 	
(3)	 Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have	 	
made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees’ wages,	 	
hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the specific

OFFICIAL NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 3-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
CANNING, FREEZING, 
AND PRESERVING INDUSTRY 
Effective January 1, 2001 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, pursuant to SB 3, Chapter 4, Statutes of 2016  and section 1182.13 of the Labor Code 	
 	
This Order Must Be Posted Where Employees Can Read It Easily 	
 
 
 
 
 
 
 
 
 
 
 
 	
IWC FORM 1103 (Rev. 11/2020) 	
OSP 06 98761

—	1 	
 
 
TAKE NOTICE: 	To employers and representatives 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 W elfare  Commission’s Orders as a result of legislation enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section  1182.12  of  the California 
Labor Code),  and  pursuant to  section  1182.13  of  the  California  Labor  Code. The amendments and republishing make no other 
changes to the IWC’s Orders. 	
1. APPLICABILITY OF ORDER 	
This order shall apply to all persons employed in the canning, freezing, and preserving industry whether paid on a time, piece rate, 
commission, or other basis, except that: 
(A)	 Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or professional 
capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption 
from those sections: 
(1) 	Executive Exemption. A person employed in an executive capacity means any employee: 
(a) 	Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a 
customarily recognized department or subdivision thereof; and 	
(b)	 Who customarily and regularly directs the work of two or more other employees therein; and 	
(c) 	Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or 
firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and 	
(d)	 Who customarily and regularly exercises discretion and independent judgment; and 	
(e)	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and 
non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor 
Standards  Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt work shall 
include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as  a means for 
carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and  foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations 
and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. 	
(f) 	Such an employee must also earn  a monthly salary equivalent to no less than two  (2) times the state minimum wage 
for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
(2)	 Administrative Exemption. A person employed in an administrative capacity means any employee: 
(a) 	Whose duties and responsibilities involve either: 
(i) The performance of office or non-manual work directly related to management policies or general business 
operations of his/her employer or his/her employer’s customers; or 
(ii)	 The performance of functions in the administration of a school system, or educational establishment or institution, or 
of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and 	
(b) 	Who customarily and regularly exercises discretion and independent judgment; and 	
(c)	 Who regularly and directly assists  a proprietor, or an employee employed in  a bona fide executive or administrative 
capacity (as such terms are defined for purposes of this section); or 	
(d)	 Who performs under only general supervision work along specialized or technical lines requiring special training, 
experience, or knowledge; or 	
(e) 	Who executes under only general supervision special assignments and tasks; and 	
(f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- 
exempt work shall be construed in the same manner as such terms  are construed in the following regulations under the Fair Labor 
Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work 
shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for 
carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and  foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations 
and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. 
(g) 	Such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage	 	
for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. 	
 	 	 	 	 	 	 	
 	 	
 	  	 	 	 	
 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	 	  	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIAL  WELFARE  COMMISSION 
ORDER  NO.  3-2001 	
REGULATING 	
WAGES,  HOURS  AND WORKING  CONDITIONS IN  THE 	
C	A	N	N	IN	G	, F	REE	Z	IN	G	, A	N	D	 PRES	E	R	V	IN	G	 INDUS	T	R	Y

—	2 	
 	
(3)	 Professional Exemption. A person employed in  a professional capacity means any employee who meets all of the	 	
following requirements: 	
(a) 	Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following	 	
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or 	
(b)	 Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the	 	
purposes of this subsection, “learned or artistic profession” means an employee who is primarily engaged in the performance of: 	
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a pro-	 	
longed course of specialized intellectual instruction and study, as distinguished from a general academic education and from an	 	
apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential	 	
part of or necessarily incident to any of the above work; or 	
(ii) 	Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work	 	
which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which de-	 	
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident	 	
to any of the above work; and 	
(iii)	 Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual,	 	
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be	 standardized 
in relation to a given period of time. 	
(c) 	Who customarily and regularly exercises discretion and independent judgment in the performance of duties set	 	
forth in subparagraphs (a) and (b). 	
(d) 	Who earns  a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time	 	
employment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week. 	
(e)	 Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as	 	
they existed as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308	 	
and 541.310. 	
(f) Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of pharmacy,	 	
and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor	 	
shall they be considered exempt from coverage for the purposes of this subparagraph unless they individually meet the criteria	 	
established for exemption as executive or administrative employees. 	
(g) 	Subparagraph (f) above shall not apply to the following advanced practice nurses: 
(i) Certified nurse midwives who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(ii)	 Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iii)	 Certified nurse practitioners who are primarily engaged in performing duties for which certification is required	 	
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. 	
(iv)	 Nothing in this subparagraph shall exempt the occupations set forth in clauses (i), (ii), and (iii) from meeting	 	
the requirements of subsection 1(A)(3)(a)-(d) above. 	
(h) 	Except, as provided in subparagraph (i), an employee in the computer software field who is paid on an hourly basis	 	
shall be exempt, if all of the following apply: 	
(i) The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion	 	
and independent judgment. 	
(ii)	 The employee is primarily engaged in duties that consist of one or more of the following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine	
 hardware, software, or system functional specifications. 	
—The design, development, documentation, analysis, creation, testing, or modification of computer systems 
or	
 programs, including prototypes, based on and related to user or system design specifications. 	
—The documentation, testing, creation, or modification of computer programs related to  the design of 
software or	
 hardware for computer operating systems. 	
(iii)	 The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized	 	
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the	 	
applicability of this exemption. 	
(iv)	 The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Office of Policy, Research	 	
and Legislation shall adjust this pay rate on October  1 of each year to be effective on January  1 of the following year by an	 	
amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.	1 	
(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: 
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and software	 	
engineering. 
                                                           1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director - Research, Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay 	
specified 	in this subdivision to be $49.77, effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 	
htt ps://www.dir.ca.gov/iwc/computerSoftwareEmployees.html	 or by mail from the Department of Industrial Relations.

—	3 	
 	
(ii) 	The employee is in a computer-related occupation but has not attained the level of skill and expertise	 	
necessary to work independently and without close supervision. 	
(iii)	 The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of	 	
computer hardware and related equipment. 	
(iv)	 The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon	 	
or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software,	 	
including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v)	 The employee is a writer engaged in writing material, including box labels, product descriptions,	 	
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or	 	
for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to	 	
computer-related media such as the W orld W ide W eb or CD-ROMs. 	
(vi)	 The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating	 	
imagery for effects used in the motion picture, television, or theatrical industry. 	
(B)	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly	 	
employed 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 national service program, such as	 	
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000,	 	
Ch. 365, amending Labor Code Section 1171.) 
2. DEFINITIONS 	
(A) 	An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than	 	
eight (8) hours in a 24-hour period. 	
(B) 	“Canning, Freezing, and Preserving Industry” means any industry, business, or establishment operated for the purpose of	 	
canning soups, or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving, or otherwise processing any fruits or	 	
vegetables, seafood, meat, poultry or rabbit product, when the purpose of such processing is the preservation of the product and	 	
includes all operations incidental thereto. 	
(C)	 “Commission” means the Industrial Welfare Commission of the State of California. 	
(D)	 “Division” means the Division of Labor Standards Enforcement of the State of California. 	
(E) 	“Employ” means to engage, suffer, or permit to work. 	
(F) 	“Employee” means any person employed by an employer. 	
(G)	 “Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent	 	
or any other person, employs or exercises control over the wages, hours, or working conditions of any person. 	
(H) 	“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. 	
(I) “Minor” means, for the purpose of this order, any person under the age of 18 years. 	
(J)	 “Outside salesperson” means any person, 18 years of age or over, who customarily and regularly works more than half the	 	
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for	 	
products, services or use of facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time. 	
(L)	 “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. 	
(M)	 “Split shift” means a work schedule, which is interrupted by non-paid non-working periods established by the employer,	 	
other than bona fide rest or meal periods. 	
(N)	 “Teaching” means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the	 	
Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(O) 	“Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or	 	
ascertained by the standard of time, task, piece, commission basis, or other method of calculation. 	
(P)	 “Workday” and “day” mean any consecutive 24-hour period beginning at the same time each calendar day. 	
(Q)	 “Workweek” and “week” mean any seven (7) consecutive days, starting with the same calendar day each week. “Workweek”	 	
is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods. 
3. HOURS AND DAYS OF WORK 	
(A)	 Daily Overtime - General Provisions 
(1)	 The following overtime provisions are applicable to employees 18 years of age or over and to employees 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 employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless	 	
the employee receives one and one-half (1	1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the	 	
workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six 
(6) days in any workweek is permissible under the following conditions:	
 	
(2)	 An employee may work up to a maximum of 72 hours in seven (7) consecutive days after which the employee shall	 	
have a 24-hour period off duty. Overtime hours shall be compensated at: 	
(a) 	One and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours

—	4 	
 
up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7	t) consecutive day 
of work	
 in a workweek; and 	
(b)	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all	 	
hours worked in excess of eight (8) hours on the seventh (7	th) consecutive day of work in a workweek. 	
(3)	 The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed	 	
by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary. 	
(B)	 Alternative Workweek 
(1) 	No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election	 	
procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per	 	
day within  a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday	 	
beyond the  schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and	 	
one-half (1	1/2) 
times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of	 	
eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative	 workweek 
agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted
 pursuant 
to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an
 employer, 
at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by	
 the 
alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of	
 	
overtime. No hours paid at  either one and one-half (1	1/2) or double the regular rate of pay shall be included in determining when	 	
40 hours have been worked 
for the purpose of computing overtime compensation. 	
(2)	 Any agreement adopted pursuant to this section shall provide not less than two consecutive days off within a work-
week If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires an 
employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee	
 	
overtime compensation at a rate of one and one-half (1	1/2) times the employee’s regular rate of pay for all hours worked in excess of	 	
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee	 	
is required to work the reduced hours. 	
(3)	 An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification	 	
of an alternative workweek schedule. 	
(4)	 An employer shall explore any available reasonable alternative means of accommodating the religious belief or	 	
observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by	 	
subdivision (j) of Section 12940 of the Government Code. 	
(5) 	An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order	 	
to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work	 	
the alternative workweek schedule established as the result of that election. 	
(6)	 An employer shall be permitted, but not required, to provide  a work schedule not to exceed eight (8) hours in  a	 	
workday to accommodate any employee who is hired after the date of the election and who is unable to work the alternative	 	
workweek schedule established by the election. 	
(7) 	Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect	 	
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election	 	
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the	 	
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek	 	
schedule of not more than ten (10) hours  a day as of July 1, 1999, that alternative workweek schedule was based on an	 	
individual agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the	 	
employer approved, a writ- ten request on or before May 30, 2000 to continue the agreement, the employee may continue to	 	
work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the	 	
agreement. The employee may revoke his/her voluntary authorization to continue such a schedule with 30 days written notice to	 	
the employer. New arrangements can only be entered into pursuant to the provisions of this section. 	
(C) 	Election Procedures 	
Election procedures for the adoption and repeal of alternative workweek schedules require the following: 	
(1) 	Each proposal for an alternative workweek schedule shall be in the form of  a written agreement proposed by the	 	
employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of	 	
work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be	 	
specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit,	 	
or a menu of work schedule options, from which each employee 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 another. 	
(2)	 In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before	 	
the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held	 	
during regular working hours at the employees’ work site. For purposes of this subsection, “affected employees in the work unit”	 	
may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate	 	
physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as	 	
the criteria for an identifiable work unit in this subsection are met. 	
(3)	 Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have	 	
made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees’ wages,	 	
hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the specific

—	5 	
 
purpose of discussing the effects of the alternative workweek schedule. An employer shall provide that disclosure in a non-English language, as well as in English, if at least five (5) percent of the affected employees primarily speak that non-English language.	
 	
The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this paragraph	 	
shall make the election null and void. 	
(4)	 Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the affected	 	
employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an	 	
affected employee, and after an investigation by the labor commissioner, the labor commissioner may require the employer to	 	
select a neutral third party to conduct the election. 	
(5) 	Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected	 	
employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds	 	
(2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the	 	
alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the	 	
election shall be held not less than 12 months after the date that the same group of employees voted in an election held to adopt	 	
or repeal an alternative workweek schedule. The election shall take place during regular working hours at the employees’ work	 	
site. If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of undue	 	
hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance. 	
(6)	 Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section.	 	
The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research	 	
and Legislation within 30 days after the results are final, and the report of election results shall be  a 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. 	
(7)	 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. 	
(8)	 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 workweek 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	 	
paragraph shall be subject to Labor Code Section 98 et seq. 	
(D) 	One and one-half (1	1/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except	 	
minors 16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an	 	
adult are subject to subsection (A) or (B) and (C) above. 	
(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 districts about any required work permits.) 
(E) 	An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during such	 	
workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6). 	
(F)	 If during any workday an employer declares a work recess of one-half (1/2) hour or more, other than a meal period, and	 	
the employer notifies the employees of the time to report back for work and permits them to leave the premises, such recess need	 	
not be treated as hours worked provided that there shall not be more than two (2) such recess periods within one shift and the	 	
total duration does not exceed two (2) hours. W ork stoppages of less than one-half (1/2) hour may not be deducted from hours	 	
worked. 	
(G)	 If  a meal period occurs on  a shift beginning or ending at or between the hours of 10 p.m. and  6 a.m., facilities shall be	 	
available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to	 	
consume such food or drink. 	
(H)	 The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to	 	
prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7)	 	
or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1)	 	
day’s rest in seven (7). 	
(I) The provisions of this section are not applicable to employees whose hours of service are regulated by: 
(1)	 The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13, 	
Hours of Service of Drivers; or 
(2) 	Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating	 	
hours of drivers. 	
(J) 	Except as provided in subsections (D) and (H), this section 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. 	
(K)	 Notwithstanding subsection (J) above, 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 subsection (H) above) shall apply, unless the	 	
agreement expressly provides otherwise. 	
(L)	 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

—	6 	
 
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 (1) 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 subsection. W hile 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 subsection.
 	
4. MINIMUM WAGES 	
(A)	 Every employer shall pay to each employee wages not less than the following: 
(1) 	Any employer who employs 26 or more employees shall pay to each employee wages not less than the following: 
(a) 	Thirteen dollars  ($13.00) per hour for all hours worked, effective January 1, 2020; 	
(b)	 Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021; and 	
(c) 	Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022. 	
(2)	 Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: 
(a)	Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020; 	
(b) 	Thirteen dollars  ($13.00) per hour for all hours worked, effective January 1, 2021;  	
(c)	 Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022; and 	
(d)	 Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2023. 	
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are	 treated 
as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations
 in which 
they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage	
 rounded to the 
nearest nickel. 	
(B) 	Every employer shall pay to each employee, on the established payday for the period involved, not less than the	 	
applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece,	 	
commission, or otherwise. 	
(C) 	When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum	 	
wage for that workday, except when the employee resides at the place of employment. 	
(D) 	The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship	 	
Standards. 
5. REPORTING TIME PAY 	
(A) 	Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than 	
half said employee’s usual or scheduled day’s work, the employee 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) hours, at the employee’s regular rate of pay, which shall not 
be less
 than the minimum wage. 	
(B)	 If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours	 	
of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall	 	
not be less than the minimum wage. 	
(C)	 The foregoing reporting time pay provisions are not applicable when: 
(1)	 Operations cannot commence or continue due to threats to employees or property; or when recommended by civil	 	
authorities; or 	
(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) 	This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other	 	
than the employee’s scheduled reporting time. 
6. LICENSES FOR DISABLED WORKERS 	
(A)	 A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by	 physical 
disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint	
 application of 
employer and employee and employee’s representative if any. 	
(B)	 A special license may be issued to  a nonprofit organization such as  a sheltered workshop or rehabilitation facility fixing	 	
special minimum rates to enable the employment of such persons without requiring individual licenses of such employees. 	
(C) 	All such licenses and special licenses shall be renewed on  a yearly basis or more frequently at the discretion of the	 	
Division. 	
(See California Labor Code, Sections 1191 and 1191.5) 	
7. RECORDS 	
(A)	 Every employer shall keep accurate information with respect to each employee including the following: 
(1)	 Full name, home address, occupation and social security number. 	
(2)	 Birth date, if under 18 years, and designation as a minor. 	
(3)	 Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and

—	7 	
 
total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not	 	
be recorded. 	
(4) 	Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to	 	
the employee. 	
(5)	 Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available	 	
to the employee upon reasonable request. 	
(6) 	When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be	 	
provided to employees. An accurate production record shall be maintained by the employer. 	
(B) 	Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable	 	
part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1) all	 	
deductions; (2) the inclus

Other California Labor Law Posters 4 PDFS

There are an additional 33 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.


View all 34 California labor law posters


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Disclaimer:

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.

** This Document Provided By LaborPosters.org **
Source: http://www.laborposters.org/california/39-california-iwc-wage-order-3-poster.htm