California Free Printable Labor Law Posters Posters California Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations Poster

 Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations PDF

The Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations is a labor law posters poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in professional, technical, clerical, mechanical and similar occupations.

This poster must be posted in a conspicuous place where all employees of any professional, technical, clerical, mechanical and similar occupations 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 professional, technical, clerical, mechanical and similar occupations. 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. 4-2001 
REGULATING 
WAGES,  HOURS AND WORKING CONDITIONS IN THE 	
PROFESSIONAL, TECHNICAL, 	CLERICAL, 
MECHANICALANDSIMILAROCCUPATIONS 	
Effective January 1, 2 001 as amended 
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
Rel	
 ations, effective January 1,  2021, pursuant to SB 13, 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 1104 (Rev.  11/2020) 	
OSP 06 98762

Please Post With This Side  Showing 	
OFFICIAL  NOTICE 	
Effective  January 1, 2001 as amended 	
Sections 4(A) and 10(C) amended and  republished by the Department  of Industrial 
Relations, effective January  1, 20 21, pursuant  to SB  3, Chapter 4,  Statutes of 2016 and 
section  1182.13  of the Labor Code 	
INDUSTRIAL WELFARE  COMMISSION 
ORDER NO.  4-2001 
REGULATING 
WAGES, HOURS AND WORKING CONDITIONS IN THE	
PROFESSIONAL,  TECHNICAL, CLERICAL, MECHANICAL AND  SIMILAR
OCCUPATIONS 	
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 201 6, 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 professional, technical,  clerical, mechanical, and  similar occupations 
whether paid on  a time,  piece  rate, commission, or other  basis, except that: 
(A) 	Provisions of  Sections  3 through  12  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) 	W hose 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) W	ho  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 
speci	
al  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- ex	
empt  work shall  be  construed  in the  same manner  as such  terms are  construed  in the  following  regulations 
under the  FairLabor Standards Acteffective asofthe 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 
properl	

y  viewed  as  a means  for  carryingout exempt functions. The work actually performed by  the employee during the course 	
—	1

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. 	
(3) 	Professional Exemption.  A person employed in a professional capacity means any employee who meets all of 
the  f	
ollowing 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) 	W ho  is  prim arily engaged in an  occu pation  common ly reco gniz ed  as  a lear ned  or  artistic profess ion. For  the 
purpos es of this  subsecti on, “le arned  or artistic  profess ion” mea ns an employ ee who  is primari ly eng aged  in the per formance o f: 
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired  by a 
prolonged  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 depends  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 relationtoa given period oftime . 	
(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) 	Certifiednurse anesthetists who are primarilyengaged inperforming duties for whichcertification isrequired 
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 that 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: 
—Theapplication 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 modificationofcomputer programs related tothedesign 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  byan 
amount equal to the percentage increase  in the California Consumer  Price Index  for Urban Wage Earners and  Clerical Workers.	
1 	
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/iwc/computerSoftwareEmployees.html  or by mail from the Department of Industrial Relations. 	
—	2

(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. 
(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  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 	“alter native  workweek  schedu le” m eans  any  regularly  schedul ed workwe ek  requiring  an  employee  to  work  more 
than eight  (8) hours in a  24-ho ur period. 	
(B) 	“Commiss ion” me ans the I ndustrial  Welfare Commiss ion  of the  State  of California. 	
(C) 	“Division ” means the  Division of Labor Standards Enforcement of the State  of California. 	
(D) 	“Emergency ” means an unpredictable or  unavoidable occurrence at unscheduled intervals requiring immediate action. 	
(E) 	“Employ ” means to engage,  suffer, or permit to  work. 	
(F) 	“Employee ” means any person employed  by an  employer. 	
(G) 	“Employe es in the  hea lth  ca re indus tr	y” means  any  of the following: 	
(1) 	Employees  in the health care industry providing  patient care; or 	
(2) 	Employees in the health care industry working in a clinical or medical department, including pharmacists 
dispensing prescriptions in any practice setting; or 	
(3) 	Employees  in the health  care industry working  primarily or regularly as  a member  of a patient  care delivery team; or 	
(4) 	Licensed veterinarians, registered veterinary technicians  and unregistered animal health technicians providing  patient 
care. 	
(H) 	“ 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. 	
(I) 	“Healt h ca re e merge ncy ” cons ists of an unpredictable  or unavoidable  occurren ce  at unsche duled  inte rvals rela ting  to 
hea lth  ca re delivery, r equiring immediate action. 	
(J) 	“Health  care  indust r	y” 	is defi ned  as  hosp itals , skille d nursing  fac ilitie s,  interm ediate care  and resi denti al  ca re  fac ilities, 
co nvale scen t care  institutions , hom e  hea lth  agencies , cli nics  operati ng 24  hour s per  day, an d  clin ics  per formin g sur gery , 
urgen t care , radi olo gy , anest hesiology,  path olo gy,  neurology or di alysis. 	
(K) 	“Hours  work	ed” 	means  the  tim e  duri ng  whic h an  employe e is  subjec t  to the  contr ol  of  an  empl oyer, and  includes  all 
th e  time  the  employee  is suffered  or  per mitted to work,  whet her  or not  requir ed  to do  so. W ith in  the  hea lth care  indust ry,  the 
term “hou rs worked” mean s the time during whi ch an em ploy ee  is suffer ed or perm itted  to work f or the  employer, w hether or  not 
re qui red  to do so, as i nterpr eted  in acc ordance w ith the provisions of the  Fair  Labor  Standar ds Act. 	
(L) 	“Mino r” me ans, f or the purp ose of this order, any per son under the  age of 18  yea rs. 	
(M) 	“Outside  sales person” m eans  any  pers on,  18  years of  age  or  over,  who  customa rily and  regula rly works  mo re than  half 
the  workin g time away  from the employer’s  place of bus iness sel ling tangible or  intangible  items  or obtai ning orders  or  contracts f or 
pro ducts, servi ces or  use of fac ilities. 	
(N) 	“Primarily ” as used  in Section  1, Applicability, means more than one- half the employee’s work time. 	
(O) 	“Profe ssional,  Technica l, Cler ical, M echanica l, and  Simil ar  Occupati ons”  includes  professional,  semi profe ssional, 
m anage rial,  super viso rial,  laboratory, researc h, technical, c lerical, office work,  and mechanical occup ations.  Said  occu pations  shall 
in clude,  b ut  not  be limited  to, the  follow ing:  accou ntants; age nts;  a ppraisers;  artists;  a ttendants;  audio-visu al technici ans; 
bookke epers;  bu ndlers;  billp os ters ; ca nvassers ; car rier s;  cashiers;  che ckers; clerks;  co llectors ; comm unications  and  soun d 
te ch nici ans ; comp ilers;  cop y hold ers
; cop y  re aders ; cop y writers ; com pute r programme rs and  operators ; de mo nstra tors and 
displa y repres entatives ; dis patc hers ; distri butors ; door-k eepers ; drafters;  elev ator  oper ator s;  estimat ors;  e ditors;  gr aphic arts 
tec hnici ans;  g uards;  gu ides;  hosts;  inspec tors;  installers;  instruct ors;  interview ers;  investi gators;  librari ans;  la boratory  work ers; 
mach ine operators;  mech anics;  ma ilers;  me ssengers;  m edical and  dent al technic ians  an d technologists;  m odels;  nurses; 
pack agers;  photogra phers; porte rs and  cl
eaners;  proces s servers;  p rinters ; pr oo f readers;  sales persons  and sales agents ; 	
—	3

secreta ries ; sig n erectors ; sig n painters ; socia l workers ; so licitors ; sta tisti ci ans ; stenog raphers ; teac hers; telephone , radio -
telep hone,  t elegra ph and  call-o ut operat ors;  te llers;  tick et age nts;  trac ers;  ty pists;  v ehicle  oper ators;  x-ray  technicians;  th eir 
as
 sis tants  an d other  relat ed occu pations  lis ted  as  profess ional,  sem iprofessio nal, technic al, cle rica l, mechanic al, and  kindr ed 
occup ations. 	
(P) 	“Shif t” me ans des ignated hours  of wo rk by  an emp loyee, w ith a  designat ed beginn ing  time a nd quit ting  time. 	
(Q) 	“Split  shift”  m eans a work  schedule,  which  is interr upted  by non- paid non- working pe riods es tablished  by the emp loyer, 
ot her  than bona fide rest  or meal periods. 	
(R) 	“Teachi ng”  means , fo r th e  pu rpose of  Sec tio n  1  of  th is  order , th e  profe ssion of  teachin g un der a  cer tifica te  from  the 
Com mission  for Teacher  Preparation and  Licensing or teaching  in an accredited  college or university. 	
(S) 	“W	ages ” 	inc ludes  all  am oun ts for  labor  performe d by  employee s of  ever y descri ption,  whethe r the  am ount  is fixe d 
o r  ascertai ned by the standard of time, task, piece,  commission basis, or other method of  calculation. 	
(T) 	“Workda	y” and 	“day” me an any  consecu tive 24- hour period beginn ing at the same  time  each  calend ar day. 	
(U) 	“Wo rkweek” a nd “week” m ean any sev en (7)  consecutive days, start ing with the  same cal endar day each week. “Workw eek” 
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 (	
1½	) 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 provided the employee  is compensated for 
such  overtime  at not less than: 	
(a) 	One  and  one -half  (1½)  times  the  employee’s  regular  rate of pay  for  all  hours  worked  in excess  of  eight  (8) 
hours  up  to  and  including 12 hours in any workday,  and for the  first  eight  (8) hours worked on the  seventh (7	th) 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. 	
(c) 	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 Schedules 
(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 
( 1½)  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 (1½)  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) 	If an employer whose employees have adopted an alternative workweek agreement permitted bythis 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 (1½)  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 thealternative 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 	
—	4

approved,  a written  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. Notwithstanding the foregoing, if a health 
care industry  employer implemented  a  reduced  rate  for  12-hour   shift  employees  in  the  last quarter of 1999 and desires to 
re -implement a  flexible work arrangement that includes 12- hour shifts at straight time for the same work unit,  the employer  must 
pay  a base rate to each affected employee  in the  work  unit that  is no  less  than that  employee’s  base rate in 1999 immediately prior 
to the date of the rate  reduction. 	
(8) 	Notwithstanding the above provisions regarding alternative workweek schedules, no employer  of employees  in 
the  health  care industry 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 that includes workdays 
exceeding ten (10) hours but not more than  12  hours within a 40  hour  workweek  without  the  payment  of overtime 
compensation, provided  that: 
(a) 	An employee who works beyond 12 hours in a workday shall be compensated at double the employee’s 
regular rate of pay for all hours in excess of 12; 	
(b) 	An  employee  who works  in excess  of 40 hours  in a workweek shall be compensated  at one and one- half (11
/2) 
ti	
mes  the employee’s regular rate of pay  for all hours over 40 hours in the  workweek; 	
(c) 	Any alternative workweek agreement adopted pursuant to this  section shall provide for not  less  than  four (4) hours  of 
work in any shift; 	
(d) 	The same overtime standards shall apply to employees who are temporarily assigned to a work unit covered by 
this subsection; 	
(e) 	Any employer who instituted an alternative workweek schedule pursuant to this subsection shall make a 
reasonable effort to find another work assignment for any employee who participated in a valid election prior to 1998 pursuant to 
the provisions of Wage Orders 4 and 5 and who is unable to work the alternative workweek schedule established; 	
(f) An  employer engaged  in the operation of  a licensed  hospital or  in providing personnel  for the operation of  a licensed 
hospital  who institutes, pursuant to  a valid  order of the  Commission,  a regularly scheduled alternative workweek that includes no 
more  than three (3) 	
12-hour workdays, shall make  a reasonable effort  to find another  work assignment for any employee who 
participated  in the  vote  which  authorized  the schedule  and  is unable  to work the  12- hour shifts.  An  employer  shall  not be 
required  to offer  a different work assignment  to an  employee  if such  a work  assignment  is not  available  or  if the  employee 
was  hired  after the  adoption  of  the  12  hour,  three  (3)  day alternative workweek schedule. 	
(9) 	No employee assigned to  work a 12- hour  shift established pursuant to this order shall be required to  work more  than 12 
hours in  any 24-hour period unless the  chief nursing officer or authorized  executive declares that: 
(a) 	A ”health  ca re e mergency	”, as defi ned above, exists in this order; and 	
(b) 	All  reasonable steps  have been taken to provide required staffing; and 	
(c) 	Considering  overall operational status needs, continued overtime  is necessary to provide required staffing. 	
(10) 	Provided further that no  employee shall be required to work more  than 16 hours  ina 24- hour period unless byvoluntary 
mutual agreement  of  the  employee  and  the  employer, and  no  employee  shall  work more  than  24  consecutive  hours  until  said 
employee  receives not  less than  eight  (8) consecutive  hours  off  duty  immediately  following  the  24  consecutive  hours  of  work. 	
(11) 	Notwithstanding subsection (B)(9) above, an employee may be required to work up to 13 hours in any 24- hour 
period if  the employee scheduled to relieve the subject employee does not report for duty as scheduled and does not inform 
the employer more  than two (2)  hours  in advance  of  that  scheduled  shift that he/she  will not  be  appearing  for duty  as 
scheduled. 	
(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  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 	
—	5

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. However, where an alternative workweek schedule  was adopted between October 
1, 1999 and October 1, 2000, a new secret ballot election  to  repeal  the  alternative  workweek  schedule  shall not be  subject 
to  the  12- month  interval  between  elections.  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 
work -week. 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) 	The provisions of subsections (A), (B) and (C) above shall not apply to any employee whose earnings exceed one 
and  one- half (	
1½	) times  the minimum  wage if more than half of  that employee’s compensation represents commissions. 	
(E) 	One  and  one- half (1½)  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  aresubject  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.) 	
(F) 	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). 	
(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) 	Except as provided in subsections (E), (H) and (L), this section shall not apply to any employee covered  by  a valid 
collective bar-gaining 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. 	
(J) 	Notwithstanding subsection  (I) 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. 	
(K) 	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  following  sections, regulating 
hours  of  drivers. 	
(L) 	No employee shall be terminated or otherwise  disciplined for refusing to  work more  than 72 hours  in any workweek, except 
in  an emergency as defined  in Section  2(D). 	
(M) 	If  an employer  approves  a written  request  of  an  employee to make  up work  time that is or  would  be  lost as a result 
of  a personal obligation  of  the  employee, the  hours of that  makeup  work time,  if performed  in the  same  workweek  in  which 
the  work  time was lost,  may not be  counted  toward  computing  the  total  number  of  hours  worked  in a day  for  purposes  of the 
overtime  requirements,  except  for hours in excess  of 11 hours  of  work in one  (1) day  or  40  hours  of work  in one  (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 	
—	6

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) T hirteen dollars ($13.0 0) 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) T welve  dollars ($12 .00) per hour for all hours worked, effective January 1, 2020; 
(b) T hirteen dollars ($13.0 0) 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 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 	
—	7

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, break -
age, 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 
negli	
 gence  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” m eans an adeq uate, well-balanc ed 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: 	
For an employer who employs: 	
JANUARY 	1, 2020 	
26 or More 	25 or Fewer 	Employees 	Employees 	
JANUARY 	1, 2021 	
26 or 	25 or 	More 	Fewer 	Employees 	Employees 	
JANUARY 	1, 2022 	
26 or 	25 or 	More 	Fewer 	Employees 	Employees 	
JANUARY 1, 2023 All Employersregardless of 
number of 
Employees 	
LODGING 
Room occupied alone 	$61.13 /week 	$56.43 /week 	$65.83 /week 	$61.13 /week 	$70.53 /week 	$65.83 /week 	$70.53 /week 	
Room shared 	$50.46 /week 	$46.58 /week 	$54.34 /week 	$50.46 /week 	$58.22 week 	$54.34 /week 	$58.22 /week 	
Apartment 	? two thirds (2/3) of the ordinary rental 	value, and in no  event more than: 	$734.21 /month 	$677.75 /month 	$790.67 /month 	$734.21 /month 	$847.12 /month 	$790.67 /month 	$847.12 /month 	
Where a couple are both 	employed by the	employer, two thirds (2/3)  of the ordinary rental value, and in no event more than	: 	
$1086.07	/	month 	$1002.56 /month 	$1169.59 /month 	$1086.07 /month 	$1253.10 /month 	$1169.59 /month 	$1253.10 /month 	
MEALS 
Breakfast 	$4.70 	$4.34 	$5.06 	$4.70 	$5.42 	$5.06 	$5.42 	
Lunch 	$6.47 	$5.97 	$6.97 	$6.47 	$7.47 	$6.97 	$7.47 	
Dinner 	$8.68 	$8.01 	$9.35 	$8.68 	$10.02 	$9.35 	$10.02 	
(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. 	
—	8

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.  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. 	
(B) 	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. 	
(C) 	In all places of employment where employees  are required to eat on the  premises, a suitable place  for that purpose shall 
be designated. 	
(D) 	Notwithstanding any other provision  of this order, employees  in the  health  care industry  who work  shifts in excess  of eight  (8) total 
hours  in a workday  may voluntarily  waive their  right  to one  of  their  two meal  periods.  In order  to be  valid,  any  such waiver  must be 
documented in a written agreement that is voluntarily signed by  both the employee and the employer. The employee  may revoke the 
waiver  at any  time  by providing the  employer at least one (1)  day’s written notice. The employee shall be fully compensated  for all working 
time, including  any on-the -job meal  period,  while such a waiver  is in  effect. 	
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  often (10) 
minutes net resttime per four(4)hours or majorfraction thereof.  However,arest period need not be authorized foremployees whose 
total daily  work time is less  than three and one- half (3½) 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°. 	
(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 Section16, 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 	
—	9

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. Alisting ofoffices  is on 
the back  of this wage order. For the address and telephone number 
of the office nearest you, information can be found on the  internet at 
http://www.dir.ca.gov/DLSE/dlse.html  or under a search for 
"California Labor Commissioner's Office" on the internet or  any 
other dir	
 ectory.  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. 	
—	10 	
SUMMARIES IN OTHER LANGUAGES 	
RESUMEN EN OTROS IDIOMAS

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 
7718 M
 eany Ave. 
Bakersfield, CA  93308 
661 -587 -3060 
EL  CENTRO 
Labor Commissioner's  Office/DLSE 
1550 W
 . Main St. 
El Centro, CA  92243 
760 -353 -0607 
FRESNO 
Labor Commissioner's  Office/DLSE 
770  E

. Shaw Ave., Suite 222 
Fresno, CA  93710 
559 -244 -5340 
LONG  BEACH 
Labor Commissioner's  Office/DLSE 
300 O
 ceangate, 3	rd Floor 
Long Beach, CA 90802 
562-590-5048 
LOS  ANGELES 
Labor Commissioner's  Office/DLSE 
320  W. F	

ourth St., Suite 450 
Los Angeles,  CA 90013 
213 -620 -6330 
OAKLAND 
Labor Commissioner's  Office/DLSE 
1515  Cla

y Street,  Room 801 
Oakland,  CA  94612 
510 -622 -3273 
OAKLAND  – HEADQUARTERS 
Labor Commissioner's  Office/DLSE 
1515  Cl

ay Street,  Room 1302 
Oakland, CA 94612 
510 -285 -2118 
[email protected] 
EMPLOYERS: Do not send copies of  your alternative workweek 
elec
 tion ballots or election  procedures. REDDING 
Labor Commissioner's 
Office/DLSE 
250 H	
 emsted Drive, 2nd Floor, Suite  A 
Redding, CA  96002 
530 -225 -2655 
SACRAMENTO 
Labor Commissioner's  Office/DLSE 
2031 H
 owe Ave, Suite  100 
Sacramento, CA  95825 
916 -263 -1811 
SALINAS 
Labor Commissioner's  Office/DLSE 
950  E. B

lanco Rd., Suite 204 
Salinas, CA 93901 
831 -443 -3041 
SAN  BERNARDINO 
Labor Commissioner's  Office/DLSE 
464 W
 est 4	th  Street, Room  348 
San Bernardino, CA  92401 
909 -383 -4334 
SAN  DIEGO 
Labor Commissioner's  Office/DLSE 
7575 	
 Metropolitan  Dr., Room  210 
San Diego, CA  92108 
619 -220 -5451 
SAN  FRANCISCO 
Labor Commissioner's  Office/DLSE 
455 G
 olden Gate Ave. 10	th Floor 
San Francisco, CA 94102 
415-703-5300  SAN JOSE 
Labor Commissioner's 
Office/DLSE 
100 P	
 aseo De San Antonio, Room  120 
San Jose, CA  95113 
408 -277 -1266 
SANTA  ANA 
Labor Commissioner's  Office/DLSE 
2 M
 acArthur Place  Suite 800 
Santa Ana, CA  92707 
714 -558 -4910 
SANTA  BARBARA 
Labor Commissioner's  Office/DLSE 
411 E
 . Canon  Perdido,  Room 3 
Santa Barbara, CA  93101 
805 -568 -1222 
SANTA  ROSA 
Labor Commissioner's  Office/DLSE 
50 “
 D” Street, Suite  360 
Santa Rosa, CA  95404 
707 -576 -2362 
STOCKTON 
Labor C

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


Get a 2022 California all-in-one labor law poster

Instead of printing out pages of mandatory California and Federal labor law posters, you can purchase a professional, laminated all-in-one labor law poster that guarantees compliance with all California and federal posting requirements. Fully updated for 2022!

Get 2022 All-In-One Poster Now


Poster Sources:

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/40-california-iwc-wage-order-4-poster.htm