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 .

IWC FORM 1103 (Rev. 11/2023)                 	OSP 06	 98761	 	
 
 
 
 
 
 
 
 	
 	
 	
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, 2024 , 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  	 	
Visit www.dir.ca.gov

—	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  Welfare 
Commission’s Orders as a  result  of legislation  enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section  1182.12  of   the California 
Labor Code),  and  pursuant to  section  1182.13  of  the  California  Labor  Code.  The amendments and republishing  make no other 
changes to the IWC’s  Orders.  	
1. APPLICABILITY OF  ORDER 	
This  order  shall  apply  to  all  persons  employed  in  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.  	
 	 	 	 	 	 	 	 	
 	 	 	  	 	 	 	 	 	 	 	 	 	 	 	 	 	 	
 	 	 	 	 	 	 	 	  	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDE R  NO.  3-2001  
RE GULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
CANNING,  F REEZING, AND  PRESERVING  I NDUSTRY

—	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 
https://www.dir.ca.gov/oprl/ComputerSoftware.htm	 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 World Wide  Web 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-
w eek  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.  Work  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 w hich 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 a n 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.  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  subsection.
 	
4.  MINIMUM  WAGES 	
(A) 	  Every employer shall pay to each employee wages not less than the following:  
(1) 	 All employers, regardless of the number of employees, shall pay to each employee:  
(a)   Sixteen dollars ($16) per hour for all hours worked, effective January 1, 2024 and,  
(b)   fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.  	
(2) 	 Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages 
not less than the following: 
(a)     Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021. 	
(3) 	 Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages 
not less than the following:  
(a)     Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021. 
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.

—	7 	
 	
(3) 	Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals  and	 	
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 inclusive dates of the period for which the employee is paid; (3) the name of the employee or the  employee’s	 	
social security  number; and  (4) the  name  of  the  employer,  provided all deductions  made  on  written  orders of  the  employee  may be	 	
aggregated and shown as one item.  	
(C) 	All required  records shall  be  in the  English  language  and in  ink  or  other  indelible  form, properly  dated,  showing  month,  day	 	
and  year,  and  shall  be  kept  on  file  by  the  employer  for  at  least  three  years at  the  place  of employment  or  at  a  central  location  within	 	
the State of California. An  employee’s records shall be available for inspection  by the employee upon reasonable  request. 	
(D) 	Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as  practicable.  	
8. CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any deduction  from the  wage  or require  any reimbursement  from  an  employee  for any  cash  shortage,	 	
breakage,  or  loss  of equipment,  unless  it  can  be shown  that the  shortage,  breakage,  or  loss  is caused  by a  dishonest  or  willful  act,	 	
or by the gross  negligence of the  employee. 
9. UNIFORMS AND  EQUIPMENT 	
(A) 	When uniforms are required  by the employer to be worn  by the employee as a condition of employment, such  uniforms	 	
shall be  provided  and maintained  by the  employer.  The  term  “uniform”  includes  wearing  apparel and  accessories  of distinctive	 	
design or  color.  
NOTE:  This  section  shall not  apply  to  protective  apparel regulated  by the  Occupational  Safety  and  Health  Standards  Board.  
(B)  When  tools or  equipment  are  required  by the  employer  or  are  necessary  to  the  performance  of a  job,  such  tools  and  equipment	
 	
shall be provided and maintained  by the employer,  except that an employee whose wages are at least two (2) times the  minimum	 	
wage provided  herein may be  required  to provide  and maintain  hand tools and  equipment  customarily  required  by the  trade  or craft.	 	
This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship  Standards. 
NOTE:  This  section  shall not  apply  to  protective  equipment  and  safety  devices  on tools  regulated  by the Occupational  Safety	
 	
and Health Standards  Board.  
(C)  A reasonable  deposit may  be  required  as security  for  the  return  of the  items  furnished  by the  employer  under  provisions  of	
 	
subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be  made	 	
pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee  may	 	
deduct from  the  employee’s  last  check  the  cost  of  an  item  furnished  pursuant to  (A)  and  (B) above  in the  event  said item  is  not	 	
returned. No deduction shall be made at any time for normal wear and  tear. All items furnished  by the employer shall be returned	 	
by  the employee upon completion of the  job. 
10. MEALS  AND LODGING 	
(A) 	“Meal” means an adequate, well -balanced serving of a variety of wholesome, nutritious  foods.  	
(B) 	“Lodging”  means  living  accommodations  available  to  the  employee  for full -time  occupancy  which  are  adequate,  decent,  and	 	
sanitary according to usual and customary standards. Employees shall not be required to share a  bed. 	
(C) 	Meals  or  lodging  may not  be  credited  against the  minimum  wage  without  a  voluntary  written  agreement  between  the	 	
employer and the employee. When credit for meals or lodging is used to meet part of the employer’s  minimum wage obligation,	 	
the amounts so credited  may not be more than  the following:  	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or Fewer  Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All Employers regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room 	occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary 	rental value, and in no  event more than: 	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month

—	8 	
 
Where a couple are both employed by the employer, two thirds (2/3) of the ordinary rental value, and in no event more than:	 	
$1,169.59	 	/month 	$1,086.07	 	/month 	$1,253.10	 	/month 	$1,169.59	 	/month 	$1,294.83	 	/month 	$1,336.65	 	/month 	
MEALS	 	 	 	 	 	 	 	
Breakfast	  	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.60	 	$5.78	 	
Lunch	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.72	 	$7.97	 	
Dinner	 	$9.35	 	$8.68	 	$10.02	 	$9.35	 	$10.35	 	$10.68	 	
(D) 	Meals  evaluated  as part  of  the  minimum  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 employee must live at the place of employment or occupy quarters owned or  under	 	
the control of the  employer, then the employer  may not charge rent in excess of the values listed  herein. 
11. 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  when  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 
hours,
 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) 	Unless  the  employee  is relieved  of all  duty  during  a 30  minute  meal period,  the  meal  period  shall be  considered  an “on  duty”	 	
meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work  prevents	 	
an  employee  from being  relieved  of  all  duty  and  when  by written  agreement  between  the parties  an  on- the- job paid  meal  period  is	 	
agreed to.  The written agreement shall state that the employee  may, in writing,  revoke the agreement at any  time.  	
(D) 	If an 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.  	
(E) 	In all places of employment where employees are required to eat on the premises, a suitable place for that purpose  shall	 	
be designated. 
12. REST  PERIODS  	
(A) 	Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in  the	 	
middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten  (10)	 	
minutes net  rest  time  per four  (4)  hours  or  major  fraction  thereof. However,  a  rest  period  need not be  authorized  for employees	 	
whose  total daily  work  time  is less  than  three  and one-half (3	1/2)  hours.  Authorized  rest period  time shall be  counted  as hours	 	
worked for which there shall be no deduction from  wages.  	
(B) 	If an  employer  fails  to  provide  an employee  a  rest  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	 	
rest period is not  provided.  
13. CHANGE ROOMS AND RESTING  FACILITIES  	
(A) 	Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing  during	 	
working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change  of	 	
clothing, change  rooms or  equivalent  space  shall  be  provided  in order  that  employees  may  change  their clothing  in reasonable	 	
privacy  and comfort.  These  rooms or spaces  may  be  adjacent  to  but  shall  be separate  from toilet  rooms  and shall be kept  clean.  
NOTE:  This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and  Health	
 	
Standards Board.  	
(B) 	Suitable resting facilities shall be provided in an  area separate from the toilet rooms and shall be available to  employees	 	
during work hours. 
14. SEATS  	
(A) 	All working  employees  shall  be  provided  with suitable  seats when  the nature  of the  work  reasonably  permits  the  use  of	 	
seats.  	
(B) 	When employees are not  engaged in the active duties of their employment and the nature of the work requires  standing,	 	
an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be  permitted	 	
to use such seats when it does not interfere with the performance of their duties.  
15. TEMPERATURE  	
(A) 	The temperature maintained in each work area shall provide reasonable comfort consistent with industry -wide  standards	 	
for the nature of the process and the work  performed. 	
(B) 	If excessive  heat  or  humidity  is  created  by the  work  process,  the  employer  shall  take  all feasible  means to  reduce  such	 	
excessive  heat  or  humidity  to  a  degree  providing  reasonable  comfort. Where  the nature  of the  employment  requires  a  temperature	 	
of  less  than  60° F.,  a  heated  room shall  be  provided  to which  employees  may  retire  for  warmth,  and  such  room  shall  be  maintained	 	
at not less than  68°.

—	9 	
 	
(C) 	A temperature  of not  less  than  68° shall  be  maintained  in the  toilet  rooms,  resting  rooms, and  change  rooms  during hours	 	
of  use.  	
(D) 	Federal and State energy guidelines shall prevail  over any conflicting provision of this  section.  	
16. ELEVATORS  	
Adequate elevator, escalator or similar service consistent with industry -wide standards for the nature of the process and  the	 	
work performed  shall be  provided  when employees  are  employed  four floors  or  more  above  or below  ground  level. 
17. EXEMPTIONS  	
If, in  the  opinion  of the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision  contained  in Section  7,	 	
Records;  Section  12, Rest  Periods;  Section  13, Change  Rooms and  Resting  Facilities;  Section  14, Seats;  Section  15, Temperature;	 	
or  Section  16, Elevators,  would  not  materially  affect  the  welfare  or comfort  of  employees  and  would  work an  undue  hardship  on the	 	
employer,  exemption  may be  made  at the  discretion  of the  Division.  Such  exemptions  shall  be in writing  to be  effective  and  may be	 	
revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the  employee	 	
and/or the  employee’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. 
18. FILING  REPORTS  	
(See California Labor Code,  Section 1174(a))  	
19. INSPECTION  	
(See California Labor Code, Section  1174) 	
20. PENALTIES 	
(See California Labor Code, Section  1199) 
(A) 	In addition  to any  other  civil  penalties  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:  	
(1)  	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. 	
(2) 	Subsequent Violations  — $100.00 for each underpaid employee for each pay period during which the employee  was	 	
underpaid in addition to an amount which is sufficient to recover unpaid wages. 	
(3) 	The affected employee shall receive payment of all wages  recovered.  	
(B) 	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.  
21. 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. 	
22. 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 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, informatio n 
can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Office" on the internet or 
any other directory. The Labor Commissioner has offices in 
the following cities: 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.	 	
 	
 
 	
SU MMA RIES IN O THE R L AN G UAGES  	
The	 D ep artm en t	 of Indus tr ia l	 R ela ti on s	 wil l	 mak e	 su mm arie s	 o f w ag e 
a n d	 hou r	 re q uir e m en ts	 in th is	 O rd er	 avai labl e	 in S pan is h ,	 C hin ese 
a n d	 ce rtai n	 oth er	 la n gu ag es	 w hen	 it is f e asi ble	 to d o so . M ai l	 yo ur 
request	 fo r su ch	 summaries	 to the	 Depa rtmen t	 at: 	P.O.	 Box	 420603,	 S an	 Francisco ,	 CA 94142 -0603.	 	
RESUMEN  EN OTROS  IDIOMAS  	
El Departament o	 de Relaciones	 Industriale s	 confeccionar á	 un re - 
sumen	 sobr e	 los requisito s	 de salari o	 y horari o	 de est a	 Disposició n 
e n	  español ,	 chino	  y  alguno s	  ot ro s	  idioma s	  cuand o	  se a	  posi ble 
hacerlo .	 Envíe	 po r	 correo	 su pedid o	 por	 dich os	 resúmenes	 al De - 
pa rtament o	 a: P.O.	 Box	 420603,	 Sa n	 Francisco ,	 CA	 94142-0603.	 	
 	 	Depa rtmen t	 of Industria l	 Relations	 	P.O.	 Box	 420603	 	Sa n	 Fra n cis co ,	 C A	 94142 -0603

—	10	 	 	
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:  	 	California Labor  Commissioner's  Office , also  known  as,  Division  of  Labor  Standards  Enforcement  (DLSE)  	
 	
BAKERSFIELD  Labor	 Commissioner's	 Office/DLSE	 	REDDING Labor	 Commissioner's	 Office/DLSE	 	SAN JOSE  Labor Commissioner's	 Office/DLSE	 	7718 Meany	 Ave.	 	Bakersfield, CA   93308 
661 -587 -3060  	250 Hemsted Drive, 2nd Floor, Suite	 A 	Redding, CA   96002 530-225 -2655  	
224 Airport Parkway, Suite 300	 	San Jose, CA 95110  
408 -277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA  2 243	
  
760 -353 -0607  	
 	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	 	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
 
2 MacArthur Place Suite 800 	 
Santa Ana, CA   92701  	
714	-558	-4910	 	 FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw Ave., Suite 222	 	
 	SALINAS 
Labor  Commissioner's  Office/DLSE  
950	 E. Blanco	 Rd.,	 Suite	 204	 	
 	SANTA BARBARA  
Labor Commissioner's  Office/DLSE  
411 E. Canon 	Perdido, 	Room	 3 	Fresno, CA 	 93710	 	Salinas, CA	 93901	 	Santa Barbara, CA 	 93101	 	559	-244	-5340	 	831	-443	-3041	 	805	-568	-1222	 	
LONG	 BEACH	 	SAN	 BERNARDINO	 	 	
Labor Commissioner's Office/DLSE	 	1500 Hughes Way, Suite C -202  
Long Beach, CA 90810  
(562) 590-5048	 	
Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor Commissioner's	 Office/DLSE	 	San Bernardino, CA 	 92401	 	50 ?D? Street, Suite	 360	 	909	-383	-4334	 	Santa Rosa, CA 	 95404	 	
 	 	707	-576	-2362	 	
LOS	 ANGELES	 	SAN	 DIEGO	 	 	Labor	 Commissioner's	 Office/DLSE	 	Labor	 Commissioner's	 Office/DLSE	 	STOCKTON	 	320	 W. Fourth	 St.,	 Suite	 450	 	7575 Metropolitan	 Dr., Room	 210	 	Labor Commissioner's	 Office/DLSE	 	Los Angeles,  CA	 90013	 	San Diego, CA 	 92108	 	3021 Reynolds Ranch Parkway, Suite 160	 	213	-620	-6330	 	619	-220	-5451	 	Lodi, California 95240	 	
 	 	209	-948	-7771	 	
OAKLAND	 	SAN	 FRANCISCO	 	 	Labor	 Commissioner's	 Office/DLSE	 	1515	 Clay	 Street,	 Room	 801	 	Labor	 Commissioner's	 Office/DLSE	 	455 Golden Gate Ave. 10	th  Floor	 	VAN	 NUYS	 	Labor	 Commissioner's	 Office/DLSE	 	Oakland,  CA	 94612	 	San Francisco, CA 	 94102	 	6150 Van 	Nuys 	Boulevard, Room	 206	 	510	-622	-3273	 	415	-703	-5300	 	Van Nuys, CA 	 91401	 	
 	 	818	-901	-5315	 	
OAKLAND	 – HEADQUARTERS	 	 	 	Labor	 Commissioner's	 Office/DLSE	 	 	 	1515	 Clay	 Street,	 Room	 1302	 	 	 	Oakland, CA	 94612	 	 	 	510	-285	-2118	 	 	 	[email protected]	 	 	 	
 
 
 
 
 
 
 
 
 
 
 
 
 
EMPLOYERS: Do not send copies of your  alternative workweek	 	election ballots or election  procedures.  
Only the results of the  alternative workweek 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  	
Prevailing Wage Hotline (415)  703 -4774

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