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

The Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations is a general labor law poster 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.


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OFFICIAL N
OTICE 
INDU
STRIA L WELFA RE 	
 COMMISSION 
ORDER NO . 4-2001 
REGUL ATING 
W AGES , 	
HOUR S 	AND 	WORKING CONDITI ONS IN THE 

P	
ROFESSIONA L, TECHNICAL ,  CLERICAL,
 

MECHANICA L AND  SIMIL AR OCCU PA TIONS
 
Ef f	

ec tive J a	
nuary 1 , 2002 a s amended  Sections 4(A) and 10(C) 
amended and republished  by the Department of Industrial 
Relations, effective January 1, 2019, pursuant to  SB 13, Chapter 4, Statutes of 2016 and 
section  1182.13 of the  Labor Code
This  Order Must Be Poste d Where 	
Employee s Can Rea d It Easily IWC FORM 1104 (Rev. 11/2018)
OSP 06 98762

? 1  •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, 2019,  pursuant to SB 3,  Chapter 4,  Statutes of 2016 and section 1182.13 
of the Labor Code

INDUSTRIAL WELFARE COMMISSION  ORDER NO. 4-2 001 
REGULATING 
WAGES, HOURS AND WORKING CONDITIONS IN THE 	
PROFESSIONAL, TECHNICAL, CLERICAL, MECHANICAL  AND SIMILAR OCCUPATIONS	 TAKE
 NOTICE:  To employers  and representativ es of  persons  working in industries  and occupations  in the  State  of California: 
The
 
 Department  of Industrial  Relations  amends  and  republishes  the  minimu m	
 wage and meals  and  lodging  credits  in 
the Industria l 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 t o the IWC?s Orders. 1.
APPLICABILITY  OF  ORDER	
This order shall apply  to all persons employ ed in  professional, technical, clerical, mechanical,  and similar occupations whether paid on
a time, piece r ate, commission,  or other basis, except that:	
 	
(A)	Pr ovisions  of  Sections  3  through  12  shall  not  apply  to  persons  employ ed in  administrative,  executive,  or  professional  capacities.
The f ollowing requirements shall apply  in determining whether  an employee?s duties meet the test  to qualify f or an  exemption from those	
 	
sections: 	
(1) Executive Exemption. A person employ ed in an  executive capacity means any employee:	
(a) 	Whose duties  and responsibilities inv olve the management  of the enterprise  in which he/she  is employ ed or of  a customarily
recogniz ed department  or subdivision thereof; and 	
(b) Who customar ily and regular ly directs the work  of two  or more other employ	ees  therein;  and	
(c) Who has the authority  to hire  or fire other employ ees or  whose suggestions  and recommendations  as to  the  hiring  or fi ring
and  as to  the  advancement and promotion  or any other change  of status  of other employ ees will  be given  particular weight;  and	
 	
(d)	Who customarily  and regularly  ex ercises 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-
ex empt  work  shall  be 	
 construed in   the  same  manner  as  such  items  are  constr ued 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,  f or  example,	 	
all  work that  is directly  and closely related  to ex empt work  and work which  is proper ly vi ew ed  as a means f or carrying  out ex empt functions.	 	
The work actually  performed by the employ ee during the course  of the workw eek must, first  and foremost,  be examined and the amount  of	 	
time  the  employee  spends  on  such  wor k,  together  with  the  employ er?s  realistic  expectations  and  the  realistic  requirements  of  the  job,  shall	 	
be  considered  in  determining  whether  the  employ ee  satisfies  this  requirement. 	
(f)	Such an employ ee must also  earn a monthly salary equivalent  to no less than two (2) times the state minim um wage f or	
full-time employment. Full-time employment  is defined  in Labor Code Section 515(c)  as 40 hours  per week.	 	
(2) Administrative Exemption. A person employ ed in an administrative capacity means any employ ee:	
(a)	Whose duties and responsibilities inv olve either:
(i)  The  performance  of  office  or non- manual   work  directly  related  to  management  policies  or  gener al  business  operations
of  his/her employ er or  his/her employ er?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  ex ercises discretion  and independent judgment;  and	
(c) 	Who  regularly  and  directly  assists  a  proprietor,  or an  employ ee  employ ed in  a  bona  fide  executive  or  administrative  capacity
(as such  terms  are defined f or purposes  of this section);  or 	
(d) Who  performs   under  only  gener al  supervision  work  along  specializ ed or   technical  lines  requiring  special  training,
experi	
enc e, or kn owledge;  or 	
(e) Who  executes under only gener al 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  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, f or
 example, all work that  is directly  and closely related  to ex empt work  and work which  is proper ly vi ew ed as  a means f or carrying 
out  ex empt  functions.  The  work  actually  performed  by  the  employ ee du ring  the  course  of  the  workweek  must,  first  and  foremost,  be 
examined and the  amount  of time the employ ee spends on such wor k, together with the employ er?s realistic expectations and the realistic 
requirements  of the  job, shall  be considered  in determining whether the employ ee satisfies this requirement.	
 	
(g) Such employee must also  earn a monthly salary equivalent  to no  less than two (2) times the state minim um wage f or full- 
time employment. Full-time employment  is defined  in Labor  Code Section 515(c)  as 40  hours  per week.	
 	
(3) Professional Exemption. A person employ ed in  a professional capacity means any employ ee who meets all  of the following	
requirements:

? 2  (a)	Who
 is   licensed  or ce r tified  by  the  State  of  California  and  is  primarily  engaged  in  the  practice  of  one  of  the
following recogniz ed professions: law, medicine, dentistry, optometry, architecture, engineering, teaching,  or accounting;  or	
 	
(b)	Who is primarily  engaged  in an  occupation commonly recogniz ed as a lea rned  or artistic profession. F or the  purposes  of
this subsection,  ?OHDrned  or artistic prof HVVLRQ? means  an employ ee 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
prolonged	
 course  of  specializ ed  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  necessar ily	
 incident to any  of the  above wor k; or  
(ii) 	Work  that  is  original  and  creative  in  character  in  a  recogniz ed  field of  artistic  endeav or  (as  opposed  to  work
which  can	
 be   produced  by  a  person  endow ed  with  general ma nual  or  intellectual  ability  and  training),  and  the  result  of  which 
depends  primarily  on   the	
 invention, imagination,  or talent  of the employ ee or  work that  is an  essential  part of or  necessarily incident  to any 
of  the  above wor k; and 	
(iii) 	Whose work  is predominantly intellectual and varied  in character (as opposed  to routine mental,	 ma nual,
mechanical,
or  physical wor k) and  is of  such character that the output produced  or the result accomplished cannot  be standardiz ed in relation  to a 
gi ven  	
period  of  time. 	
(c)	Who customarily  and regularly ex ercises discretion and independent judgment  in the  performance  of duties set for th in
subpara graphs (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)	Subpara graph   (b)  above  is  intended  to be   constr ued in   accordance  with  the  following  provisions  of  feder al  law
as  th ey existed  as of  the date  of this w age 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  subpara graph,  pharmacists  employ ed to  engage  in  the  practice  of
pharmacy,  and
 registered nurses employ ed to engage  in the practice  of nursing, shall  not be  considered  exempt professional employ ees, 
nor   shall  they  be
 considered  exempt  from  cover age  for  the  purposes  of  this  subpara graph  unless  they  individually  meet  the  criter ia 
established f or ex emption	
 as  ex ecutive  or administrative employ ees. 	
(g)	Subparagraph (f)  above shall not  apply to  the f ollowing  advanced practice nurses:
(i)	Ce r tified  nurse  midwiv es  who  are  primarily  engaged  in  performing  duties  f or  which  cer tification  is  required
pursuant  to Ar ticle 2.5 (commencing with Section 2746)  of Chapter 6  of Division 2  of the Business  and Professions Code.	
 	
(ii)	Cer tified nurse anesthetists who are primar ily engaged  in per forming duties f or which  cer tification	 is required
pursuant
to  Ar ticle 7 (commencing with Section 2825)  of Chapter 6  of Division 2  of the Business and Professions Code.	
 	
(iii) 	Ce rtified nurse practitioners who are primarily  engaged in per forming duties f or which  certification  is required pursuant
to  Article 8 (commencing with Section 2834)  of Chapter 6  of Division 2  of the Business  and Pro fessions Code. 	
(iv)	Nothing in  this  subpara graph shall  exempt  the  occupations set  for th in   clauses (i), (ii),  and (iii)  from  meeting
the requirements  of subsection 1(A)(3)(a) ?(d) above.	
 	
(h)	Except,  as pr ovided  in subpara graph (i),  an employ ee in the computer software field who  is paid  on an hour ly basis shall
be  exempt,  if all  of the following apply: 
(i)	The  employ ee is   primarily  engaged  in  work  that  is  intellectual  or  creative  and  that  requires  the  exercise  of
discretion and independent judgment.	
 	
(ii)	The employ ee 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 hardw are,
softw are,  or  system  functional  specifications. 
?
The  design,  development,  documentation,  analysis,  creation,  testing,  or  modification  of  computer  systems  or 
pro gram s,	
 including prototypes, based  on and related  to user  or system design specifications. 
?	
The documentation, testing, creation,  or modification  of computer pro grams related  to the design  of software  or hardware 	
for  computer  operating systems.	 	
(iii)	The  employ ee is  highly  skilled  and is  proficient  in  the  theoretical  and  practical  application  of  highly  specializ ed
in for mation  to  computer  systems  analysis,  pro gramming,  and  software  engineering.  A  job  title  shall  not be   determinative  of  the 
applicability  of	
 this exemption. 	
(iv)	The  employ ee?s  hour ly  rate  of  pay  is  not  less  than  for ty-one   dollars  ($41.00).  The  Office  of  Policy,
Research and Legislation shall adjust this pay rate  on October 1  of each year  to be  ef fective  on Janua ry 1 of the following year by 
an  amount equal  to the 	
percentage increase  in the California Consumer Price Index f or Urban W age Ea rners and Clerical Work ers.*  	
(i)The  exemption  provided  in subpara graph (h) does  not apply  to an employ ee if any  of the following apply:
(i)  The employ ee is a trainee  or employ ee in  an entry-lev el position who  is lea rning  to become proficient  in the theoretical
and  practical  application  of  highly  specializ ed in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering. 
(ii)	The employ ee is  in  a computer-related occupation b ut has not attained the lev el of  skill and expertise necessary  to	
work independently and without close supervision.	 	
(iii)	The employ ee is engaged  in the  operation  of computers  or in  the  manufacture, repair,  or maintenance  of computer
hardware  and  related  equipment. 	
(iv)	The employ ee is  an  engineer, drafter, machinist,  or other professional whose work  is highly dependent upon  or
facilitated  by  the  use  of  computers  and  computer  software  pro grams  and  who  is  skilled  in  computer-aided  design  softw are,  including 
CAD/CAM,	
 b ut  who  is not  in  a computer systems analysis  or pro gramming occupation. 
* Pursuant  to Labor Code section 515.5, subdivision (a)(4), the 	
Office  of  Policy,  Research  and  Legislation	, Department  of Industr ial
Relations,	
 has  adjusted the minim um hou rly  rate  of pay specified  in this subdivision  to be  $49.77,  effective Jan uary 1, 2007.  This  hourly
rate  of  pay
 is  adjusted  on  October  1  of  each  y ear to  be  ef fective  on  Jan uary  1, of   the  following  y ear,  and  may be  obtained at
www.dir.ca.gov/IWC  or	
 by  mail  from  the  Department  of  Industrial   Relations.

? 3  (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 f or print  or for  on  screen media  or who	
 	
writes  or pr ovides content mater ial intended  to be read by customers, subscribers,  or visitors  to computer-related media such  as the Wor ld	 	
Wide  Web	 or  CD-R OMs. 	
(vi)	The  employ ee is   engaged  in any  of  the  activities  set  for th in   subpara graph   (h)  f or  the  purpose  of  creating
imagery f or ef fects used  in the motion picture, television,  or theatrical industry.	
 	
(B) 	Except  as pr ovided  in  Sections  1, 2,  4,  10,  and  20,   the  provisions  of  this  order  shall  not  apply  to  any  employees  directly
employ ed 
by the State  or any political subdivision thereof, including any city, county,  or special district. 	
(C)	The  provisions  of this order shall  not apply  to outside salespersons.	
(D)	The  provisions  of  this  order  shall  not  apply  to  any  individual  who  is  the  parent,  spouse,  child,  or  legally  adopted  child  of  the
em ployer. 	
(E) The  pr ovisions  of  this  order  shall  not  apply  to  any  individual  par ticipating in  a  national  service  pro gram,  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 ?DOWH rnative workw eek VFKHGXOH?  means any regular ly scheduled workweek requiring  an employ ee to  work more than eight (8)
hours  in a  24-hour  period.	
 	
(B)?&RPPLVVLRQ?  means the Industrial W elfare Commission  of the State  of California.
(C)	
?'LYLVLRQ?  means the Division  of Labor  Standards  Enforcement  of the State  of California.	
(D)	?(PHUJHQF\?  means an unpredictab le or  unavoidab le occurrence  at unscheduled interv als requiring immediate action.	
(E)	?(PSO o\?  means  to engage, suffer,  or pe rmit  to wor k.	
(F)	?(PSO oyHH?  means any person employ ed by an employer.	
(G)?(PSO oyees  in the health care industr \? 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 regular ly as  a member  of a patient care delivery team;  or	
(4)	Licensed veterinarian s, registered veterinary technicians  and unregistered animal health technicians  providing patient care.	
(H)	?(PSO oyHU?  means any person as defined in Section  18 of the Labor Code, who directly or indirectly, or through an agent or any
other person, emplo ys or  ex ercises control ov er the w ages, hours,  or working conditions  of any person. 	
(I) ?+HDOWK   care HPHUJHQF\?  consists of an  unpredictab le or  unavoidab le  occurrence  at  unscheduled  intervals relating  to  health  care
delivery, requiring immediate action.	
 	
(J)	?+HDOWK   care  industr \? is   defined  as  hospitals,  skilled  nursing  facilities,  intermediate  care  and  residential  care  facilities,  convalescent
care  institutions,  home  health  agencies,  clinics  operating  24  hours  per  day,  and  clinics  performing  surgery,  urgent  care,  radiology, 
anesthesiology, pathology, neurology  or dialysis. 	
(K)	?+RXUV   workHG?  means  the  time  during  which an  employee is  subject  to  the  control  of an  employer,  and  includes  all  the  time  the
employ ee is   suffered  or pe rmitted  to  wor k,  whether  or not   required  to do   so. Within  the  health  care  industry,  the  term  ?KRXUV   workHG? means	
 	
the time  during which  an employ ee is suffered  or permitted  to work f or the employer, whether  or not required  to do  so,  as interpreted  in	 	
accordance with the  provisions  of the F air Labor Standards Act. 	
(L)?0LQRU?  means, f or the  purpose  of this order, any person under the  age of 18 y ears.
(M) 	
?2XWVLGH  VDOHVSHUVRQ?  means  any  person,  18  years of  age  or  over,  who  customar ily  and  regular ly  wor ks	  more  than  half  the  working
time away from the employ er?s place  of business selling tangib le or  intangib le items  or obtaining orders  or contracts f or products,  services	
 	
or use  of facilities. 	
(N) ?3rimar LO\? as  used  in Section  1, Applicability, means more than  one-half the employ ee?s work time.
(O)	
?3UR fessional,  Technical,  Clerical,  Mechanical,  and  Similar 2FFXSDWLRQV?  includes  professional,  semiprofessional,  managerial,
supervisorial, laboratory, research, technical, clerical, office wor k, and  mechanical occupations. Said occupations shall include, b ut not  be	
 	
limited to, the following: accountants; agents; appraisers; artists; attendants; audio-visual technicians; bookkeepers; bundlers; billposters;	 	
ca nvassers;  carriers;  cashiers;  che ckers;  clerks;  collectors;  communications  and  sound  technicians;  compilers;  copy  holders;  copy  readers;	 	
copy  writers;  computer  pro grammers  and operators;  demonstrators  and  display  representatives;  dispatchers;  distributors;  door-keepers;	 	
drafters; elevator operators; estimators; editors;  graphic ar ts technicians; guards; guides; hosts; inspectors; installers; instructors; inter view-	 	
ers; investigators;  librarians; laboratory workers; machine  operators; mechanics; mailers; messengers; medical and dental technicians and	 	
technologists;  models;  nurses;  packagers;  photographers;  porters and  cleaners;  process  servers;  printers;  proof  readers;  salespersons  and	 	
sales  agents;  secretaries;  sign  erectors;  sign  painters;  social  workers;  solicitors;  statisticians;  steno graphers;  teachers;  telephone,  radio-	 	
telephone, tele graph and call-out operators; tellers;  tick et agents; tracers; typists; vehicle operators; x-ray technicians; their assistants and	 	
other related occupations listed  as professional, semiprofessional, technical, clerical, mechanical, and kindred occupations. 	
(P) ?6KLIW?  means designated hours  of work by  an employee, with a designated beginning time and quitting time.
(Q) ?6SOLW  VKLIW?  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.	 	
(R)	?T HDFKLQJ?   means,  f or  the  purpose  of  Section  1  of  this  order,  the  profession  of  teaching  under  a  certificate  from  the  Commission
f or  Teacher Preparation  and Licensing or teaching  in an  accredited college  or university. 	
(S)	?WDJHV?   includes  all  amounts  f or  labor  performed  by  employees  of  every  description,  whether  the  amount  is fix ed  or   ascertained
by the standard  of time, task, piece, commission basis,  or other method  of calculation. 	
(T) ?Wor kda\?  and  ?Ga\?  mean any consecutive  24-hour  pe riod beginning  at the same time each calendar day.
(U) 	
Workw HHN? and  ?wHHN?  mean any sev en (7) consecutive days, starting with the same calendar day each week.  ?Workw HHN? is  a
fix ed  and  regular ly  recurring  period of 168  hours,  sev en  (7)  consecutive  24-hour periods.

? 4  3.
HOURS AND DAYS  OF WORK(A) Daily Overtime - Gener al Pr ovisions
(1)  The  following overtime  provisions are applicab le to  employ ees 18  years  of age  or ov er 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 wor k. Such employees 
shall  not be employ ed more than eight (8) hours  in any wor kday  or more than  40 hours in any workweek unless the employ ee receiv es one  
and one-half (1	
1/2) times such employ ee?s regular rate of pay for all hours work ed over 40 hours in the workweek. Eight (8) hours of labor 
constitutes  a  day ?s  wor k. Employment  b eyond  eight  (8)  hours  in  any  wor kday  or  more  than  six  (6)  da ys in  any  workweek  is permissib le 
pr ovided the employ ee is compensated f or such overtime  at not less than:	
 	
(a) One  and one-half  (1	1/2) times the employ ee?s regular rate  of pay f or all hours work ed in excess  of eight (8)	 hours  up to	and including  12 hours in any wor kday,  and f or the first eight (8) hours work ed on the seventh  (7th
) consecutive day  of work  in a workweek;	 and  	
(b)	Doub le the employ ee?s regular rate  of pay f or all hours work ed in  excess  of 12 hours  in any wor kday  and f or all hours
work ed in  excess  of  eight  (8)  hours  on  the  seventh (7th
)  consecutive  day  of  work  in  a  workweek. 	
(c) The  overtime rate  of compensation required  to be paid  to a non exempt full-time salaried employ ee shall be computed by
using the employ ee?s regular  hourly salary  as one-fortieth (1/40)  of the employ ee?s weekly salary.	
 	
(B) Alternative Workweek Schedules
(1)	
No  employ er  shall  be  deemed  to  have  violated  the  daily  overtime  provisions  by  instituting,  pursuant  to  the  election  procedures
set for th in  this w age order, a regular ly scheduled alternative workw eek schedule  of not  more than ten (10) hours  per day within a  40  hour	
 	
workw eek without the payment  of an overtime rate  of compensation. All work  performed  in any wor kday b eyond the schedule established	 	
by the agreement  up to  12 hours a day  or beyond  40 hours per w eek shall  be paid  at one and  one-half (1 1
/2 ) times the employ ee?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 work ed beyond  the	 	
regular ly  scheduled  number  of  wor kdays   established  by  the  alternative  workw eek  agreement  shall  be  paid at  doub le  the  employ ee?s  regular	 	
rate  of  pay.  Any  alternative  workw eek  agreement  adopted  pursuant  to  this  section  shall  provide  f or not   less  than  f our  (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  f or  another  day	 	
of  the  same  length  in  the  shift  provided  by  the  alternative  workw eek  agreement  on an  occasional  basis  to  meet  the  personal  needs  of  the	 	
employ ee without the payment  of overtime.  No hours paid  at either one  and one -half  (11
/2 )  or  doub le the regular rate  of pay shall  be included	 	
in determining when  40 hours have been work ed for  the  purpose  of computing overtime compensation. 	
(2) 	If an employ er whose employees have adopted  an alternative workweek agreement  permitted by this order requires  an employ ee
to  work few er hours than those that are regular ly scheduled by the agreement, the employ er shall pay the employ ee overtime compensation	
 	
at  a  rate  of  one  and  one-half (11
/2 )  times  the  employ ee?s  regular  rate  of  pay  f or  all  hours  work ed in   excess  of  eight  (8)  hours, and  doub le  the	 	
employ ee?s  regular  rate  of  pay  f or  all  hours  work ed in  excess  of 12  hours  f or  the  day  the  employ ee is  required  to  work  the  reduced  hours. 	
(3) An employ er shall  not reduce  an employ ee?s regular rate  of hou rly  pay  as a result  of the adoption, repeal  or nullification  of an
alternative workweek schedule.	
 	
(4) An  employ er  shall  explore  any availab le  reasonab le  alternative  means  of  accommodating the  religious  belief  or  observance
of  an  affected employ ee that conflicts with  an adopted alternative workweek schedule,  in the manner  provided by subdivision (j)  of Section 	
12940  of  the Government Code. 	
(5)	An  employ er shall  make a reasonab le ef fort  to find a work schedule  not to  exceed eight (8) hours  in a wor kday,  in order  to	
accommodate  any  affected  employ ee  who  was  eligib le to   vote  in an  election  authoriz ed  by  this  section and  who  is una ble  to   work  the 
al te rnative workweek schedule established  as the result  of that election.	
 	
(6)	An   employ er  shall  be permitted,  b ut not   required,  to pr ovide  a  work  schedule  not  to  exceed  eight  (8)  hours  in  a  wor kday to
accommodate  any  employ ee  who  is  hired  after  the  date  of  the  election  and  who is  unab le to   work  the  alternative  workw eek  schedule 
es tablished by the election. 	
(7)	Ar rangements  adopted  in  a  secret  ballot  election  held  pursuant  to  this  order  prior  to 1998,  or   under  the  rules  in ef fect  prior  to
1998,  and before  the  performance  of  the  wor k,  shall  remain  valid  after  July  1,  2000  provided  that  the  results  of  the  election  are  reported  by	
 	
the employ er to  the Office of Policy, Research and Legislation by Jan uary 1, 2001,  in accordance with the requirements  of subsection (C)	 	
bel ow (Election Procedures).  If an employ ee was voluntarily  working an alternative workweek schedule  of not more than ten (10) hours a	 	
day  as of   July  1, 1999,   that  alternative  workw eek  schedule  w as  based on an  individual  agreement  made  after  Jan uary 1,  1998  between  the	 	
employ ee  and  employer,  and  the  employ ee  submitted,  and  the  employ er appr oved,   a  written  request  on or be fore  May  30,  2000  to  contin ue	 	
the  agreement,  the  employ ee  may  contin ue to   work  that  alternative  workw eek  schedule  without  payment  of an  overtime  rate  of 
compensation  f or  the  hours  provided  in  the  agreement. The  employ ee  may  revoke  his/her  voluntary  authorization  to  contin ue  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  employ er  implemented  a  reduced  rate  f or 12- hour   shift  employ ees in   the  last 
quarter  of 1999  and	
 desires  to reimplement a  fle xi ble  work  arrangement that includes  12-hour  shifts  at st raight time f or the same work 
unit, the employ er must
 pay a base rate  to each  affected employ ee in the work unit that  is no  less than that employ ee?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  for th in this 
wage order a regular ly scheduled alternative workw eek schedule that includes wor kdays exceeding ten (10) hours b ut not  more than  12 	
hours within a  40 hour workw eek without the payment  of overtime compensation,  provided that: 	
(a) An employ ee who wor ks bey ond  12 hours  in a wor kday shall  be compensated  at dou ble  the employ ee?s regular rate  of
pay f or all hours  in excess  of 12;	
 	
(b) 	An  employ ee who wor ks in  excess  of 40 hours  in a workw eek shall  be compensated  at one  and  one-half (11
/2 ) times the	employ ee?s regular rate  of pay f or all hours ov er 40 hours  in the workweek;	 	
(c)	Any alternative workw eek agreement adopted pursuant  to this section shall  provide f or not less than four (4) hours  of work	
in any shift; 
subsection; 	
(d)	The  same  overtime  standards  shall  apply  to  employees  who  are  temporarily   assigned to  a  work  unit covered  by  this	
(e)	Any employ er who instituted  an alternative workw eek schedule pursuant  to this subsection shall  make a reasonab le ef fort
to   find  another  work  assignment  f or  any  employ ee  who  participated  in  a  valid  election  prior  to  1998  pursuant  to  the  provisions  of  W age

? 5  Orders 4 and 5 
and who is unab le to  work the alternative workw eek schedule established; (f) 	An employ er engaged  in the  operation  of a licensed hospital  or in  pr oviding personnel f or the operation  of a 	licensed  hospital	
who institutes, pursuant  to a v alid  order  of the Commission, a regular ly scheduled alternative workw eek that includes  no more than three 
(3) 12-hour wor kdays, shall  make a reasonab le ef fort  to find another work assignment f or any employ ee who participated  in the vote which
authoriz ed the schedule  and is unab le to  work the  12-hour  shifts.  An employ er shall  not be required  to of fer  a different work assignment  to
an  employ ee if  such  a  work  assignment  is not   availab le or  if   the  employ ee  was  hired  after  the  adoption  of  the  12 hour,  three  (3)  day
alterna	
ti ve workw eek schedule.
(9)	No employ ee 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 authoriz ed executive declares that: 
(a) A  ?KHDOWK  care HPHUJHQF\?  as  defined  above, exists  in this order; and
(b)	
All reasonab le steps have  been ta ken  to pr ovide required staffing;  and	
(c)	Considering overall operational status needs, contin ued overtime is necessary  to pr ovide required staffing.	
(10)	Pr ovided  further that  no employ ee shall be required  to work more than  16 hours in a  24- hour  pe riod  unless by voluntary mutual
agreement  of  the  employ ee  and  the  employer,  and  no  employee  shall  work  more  than  24  consecutive  hours  until  said  employ ee  receives	
 	
not  less  than  eight  (8)  consecutive  hours  off  duty  immediately  following  the  24  consecutive  hours of  wor k. 	
(11)	Notwithstanding subsection (B)(9)  above, an employ ee may be required  to work  up to 13 hours in any  24-hour period if the
employ ee  scheduled  to  relieve the  subject  employ ee does  not  report  f or  duty  as  scheduled  and does  not  in form  the  employ er  more than 
two (2) hours  in ad vance  of that scheduled shift that he/she will  not be appearing f or duty  as scheduled.	
 	
(C)	Election Procedures
Election procedures f or the adoption  and repeal  of alternative workw eek schedules require the f ollowing:
(1)	Each proposal f or an alternative workw eek schedule shall  be in  the form  of a written agreement proposed by the employer. The proposed agreement
 must designate a regularly  scheduled alternative workw eek in which the specified number  of work da y	
s and work
  

hours  are regular ly recurring. The  actual days work ed 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 me nu of  work  schedule  options,
 

from  which  each employ ee in  the  unit  would  be entitled to  choose. If the  employ er proposes  a me nu of  work  schedule  options, the employ ee
 

ma y, with  the appr oval of  the  employer,  move from  one me nu option  to another. 

(2)
 In order  to be v alid, the  proposed  alternative  workweek schedule  must be adopted  in a secret  ballot election,  before the
per formance  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 employ HHV? work site. F or purposes  of this subsection,  ?DIfected employ ees in  the work  XQLW? may include  all 
employ ees
 
in  a readily identifiab le work unit, such as a division, a department, a job classification, a shift, a separate physical location,  or a 
recogniz ed
 
subdivision  of any  such  work unit.  A  work unit may  consist  of an individual  employee as long as the  criteria  for  an identifiab le 
work  unit in
 
this  subsection  are met.  

(3)
 Prior  to the  secret  ballot vote, any  employ er who  proposed  to institute an alternative  workweek schedule shall have  made  a
disclosure  in writing  to the  affected  employ ees, including the  effects  of the  proposed  arrangement  on the employ HHV? wages,  hours, and
  

benefits.  Such a disclosure  shall  include meeting(s),  duly noticed,  held at least  14 da ys prior  to voting,  for  the  specific  purpose  of 
discussing  the effects  of the  alternative  workweek schedule. An employ er shall  provide  that disclosure  in a non-English  language, as well 
as  in
  
English,  if at  least  five (5) percent  of the  affected employ ees primar ily 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 v oid. 

(4) Any election  to establish  or repeal  an alternative workweek schedule shall  be held at the work site  of the  affected employ ees.
The  employ er 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 employ er to  select a  neutral  third  party to  conduct 

the  election. 

(5)
Any type  of alternative workw eek schedule that  is authoriz ed by the Labor Code may  be repealed by the  affected employ ees.
Upon  a petition  of one-third  (1/3) of the  affected  employ ees, a  new  secret  ballot election  shall be held  and a two-thirds  (2/3) vote of the 
affected  employ ees shall  be required  to reverse  the alternative  workweek schedule. The  election to repeal  the alternative  workweek schedule
  

shall  be held not more than  30 da y	
s 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 employ ees voted  in an election held  to adopt  or repeal  an alternative workw eek 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 bet ween  elections.  The election  shall 
ta ke
  
place  during  regular working hours  at the employ HHV? work site.  If the alternative workw eek schedule  is revok ed, the employ er shall 
comply
  
within  60 days. Upon proper  s	
howing  of undue hardship, the Division  of Labor Standards  Enf	orcement may  grant  an extension  of 
time f or
 
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  employ er to   the  Office  of Policy,  Research  and Legislation 
within
  
30  da y	
s 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
  
v ot e, 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 f or at least 30 day	
s 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 employ ees shall  be discharged  or discriminated  against for  expressing  opinions concerning  the alternative  workweek election  or
 

f or  opposing  or supporting  its adoption  or repeal.  However, nothing in this  section  shall prohibit  an employ er from  expressing  his/her position
  

concerning  that alternative  workweek to the  affected  employ ees. A  violation  of this  para graph  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 employ ee whose  earnings exceed  one and one-half
(1
 1

/
2
 ) times the minim um wage if more than half  of that employee?s compensation represents commissions.
 

(E)
 One  and one-half  (11
/2 )  times  a  minor ?s  regular  rate  of pay  shall be paid  for all work  ov er 40 hours in any  workw eek 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.
 
( VIOL ATIONS  OF CHILD  LABOR  L AWS are  subject to civil  penalties of from $500 to $10,000  as well as to criminal  penalties.
 
Re fer	
  to 
Californ ia 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 fo r violation of the child labor laws. Employers should ask school districts about
 
any required 
work permits.)

? 6  
(F)

An employe e may be employe d on seve n  (7) workdays in one workwe ek when the total hours  of	  employment during such workwe ek
do not exceed  30 and the total hours  of employment in any one work day thereof do not exceed six (6). 

(G) 
 If a meal  period occurs  on a shift  beginning or  ending at or betwe en 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 suitabl e sheltered place shall  be provided in which to consume such fo od
 
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 preve nt an
accumulation  of days of rest when the nature  of the employment 	
 reasonably requires the employe e to work seven (7) or more consecutive
  

days; p rovided,  however,  that  in each  calendar  month,  the  employe e 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  employe e 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 wa ge rates for all overtime hours worke d	
  and a regular hourly rate  of pay fo r those employees  of not less than
	  
30 
percent more than the state minimu m wage. 	
(J)	Notwithstanding subsection (I)  above, where the employ er and  a labor organization representing employ ees of  the employ er have	
entered into a valid collective bargaining agreement  pertaining to the hours  of work  of the employ ees, the requirement regarding the 
equi valent  of one  (1) day ?s rest  in sev en (7) (see subsection (H)  above) shall  apply, unless the agreement expressly  provides otherwise.	
 	(K) The  pr ovisions  of this section are  not applicab le to  employ ees whose hours  of se rvice are regulated b y:	
(1)The United States Department  of Transportation Code  of Feder al Regulations, Title  49,  Sections 395.1  to 395.13, Hours  of
Se
rvice  of Drivers;  or
 
(2)	Title 13 of  the  Califor nia  Code  of  Regulations,  subchapter  6.5,  Section  1200  and  following  sections, regulating  hours  of
driv ers. 
 (L)

No employ ee shall be terminated  or otherwise disciplined f or refusing to work more than  72 hours in any workweek, except  in an
emergency  as defined in Sectio
 n 2(D). 

(M)
 If an employ er approves a  written  request  of an emplo	
 yee to ma ke up work  time  that  is or would be lost as a  result  of a  personal
obligation  of the  employee,  the  hours  of that makeup work  time, if per formed  in the  same  workw eek in which  the  work  time  w as lost,  may
 
not 
be counted  t oward  computing  the  total  number  of hours  worked in a  day  for purposes  of the  overtime  requirements,  except  f or 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 ad vanc	
 e  that  he/she  will  be
 

requesting  makeup time f or a personal obligation that will recur  at a fixed time ov er a succession  of weeks, the employ ee may request  to
 

ma ke up work time f or up to four (4) weeks  in advance; provided, however, that the  makeup work must  be performed  in the same w eek that
 

the work time w as lost. An employ ee shal	
 l pr ovide a signed written request f or each occasion that the employ ee makes a request  to make
 
	 up 
work time pursuant  to this subsection. While  an employer may inform  an employ ee of this makeup time option, the employ er is 	
 prohibited
 
from 
encouraging  or otherwise  soliciting  an employee to request  the  employ er?s  approv al to take  personal  time  off  and make up the  work
 
hours 
within  t	
he  same  workw eek 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) Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked, effective  January 1, 2017; 
(b) Eleven  dollars ($11.00)  per hour  for all hours worked,  effective January 1, 2018;
(c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2019; and
(d) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020 .
(2) Any  employer  who employs  25 or fewer  employees shall  pay to each  employee wages  not less  than  the following:
(a) Ten  dollars  ($10.00)  per hour  for all hours worked,  effective January 1, 2016  through  December  31, 2017; 
(b) Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked, effective  January 1, 2018 ;
(c) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and
(d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020. 
 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 du	
 ring  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 employe r 	
shall pay  to each employee,  on the 	
 established payday for the pe	 riod involved, not less than the applicabl e minimum
wa ge fo r all 	
hours worke d	 in the payroll  period, whether the  remuneration is measured by time, piece, commission,  or otherwise. 

(C) When 	
an employe e works a split shift, one (1)  hour?	
 s pay at the minimum wage shall be paid in addition to the minimu m wage fo r
that work d	
ay, except when the employe e 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 wor kday  an employ ee is required  to report f or work and  does repor t, but is  not  put to  work  or is  fu rnished less than half said
employ ee?s usual  or scheduled day ?s  work, the employ ee shall  be paid f or half the usual  or s	 cheduled day?s wor k, but  in  no  ev ent  for  less	 	
than  two  (2)  hours  nor  more  than  f our  (4)  hours, at  the  employ ee?s  regular  rate  of  p	 ay,  which  shall not be  less  than  the  minim um  wage	 . 	
(B)	If an  employ ee is   re	 quired to  report  f or  work  a  second  time  in  any  one  wor kday  and is fu rnished  less  than  two  (2)  hours  of  work  on
the second reporting, said employ ee shall be paid f or t	
 wo (2) hours at the employ ee?s regular rate  of pay, which shall not  be less than the	 	
minim um wage. 	(C) The  foregoing reporting time pay  provisions are not applicab le when:
(1) Operations cannot commence  or contin ue due  to threats  to employ ees or  property;  or when recommended by civil authorities;
or	
 	(2)	Pu blic utilities fail  to supply electricity, water,  or ga s, or there  is a failure  in the  public utilities,  or sew er system;  or	
(3)	The interruption  of work  is caused by  an Act of God  or other cause not within the employ er?s control.	
(D) This section shall  not apply  to an  employ ee on paid standby status who  is called  to per form assigned work  at a time other	 than the	employ ee?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 imp	 aired by  physical disabilityor mental deficiency 
at less than the minim um wage. Such licenses shall  be granted only upon  joint application of employer and employ ee
 

and employe e?s  representative  if any.

?7 7.
RECORDS

(A) Every employe r 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 employe e begins and ends each work  period. Meal periods, split shift interva ls and total dailyhours work
ed shall also  be recorded. Meal  periods during which  operations cease and authoriz ed rest periods need  not be  recorded. 	
(4)	Total  w ages  paid  each  payroll  period,  including  v alue of   board,  lodging,  or  other  compensation  actually   furnished  to  the
employee .	
(5) Total hours  work ed in the  payroll  period and  applicab le  rates  of  pay. This  information  shall  be  made  readily  availab le to   the	
employ ee upon reasonab le request. 	
(6) 	When a piece rate  or incentive  plan is  in  operation, piece rates  or an explanation  of 	 the incentive plan formula shall  be pr ovided
to  employ ees. An  accurate production record shall  be maintained by the employer. 	
(B)	Every employer shall semimonthly  or at  the time  of each payment  of w ages  fu rnish each employee, either  as a detachab le part  of
the  chec k,  draft,  or  voucher  paying  the  employ ee?s  w ages,  or sepa rately,  an  itemiz ed  statement  in  writing  showing: (1)  all  deductions; (2)  the	
 	
inclusive  dates  of  the  period  f or  which  the  employ ee is  paid;  (3)  the  name  of  the  employ ee or  the  employ ee?s  social  secur ity  number;  and 
(4) the  name  of  the  employer,  provided  all  deductions  made  on  written  orders of  the  employ ee  may be ag gregated  and  shown  as  one
item. (C)	
All  required  records  shall  be in  the  English  language  and  in  ink  or  other  indelib le  for m,  proper ly  dated,  showing  month,  day  and
y ear,  and shall  be kept  on file by the employ er for  at  least three years  at the place  of employment  or at  a centr al location within the State  of	
 	
California. An employ ee?s records shall  be av aila ble  for  inspection by the employ ee upon reasonab le request. 	
(D)	Cloc ks	 shall  be pr ovided  in all  major work areas  or within reasonab le distance thereto insof ar as  practicable. 8.
CASH SHORTA GE  AND BREAKA GE
No  employ er shall  make any deduction from the w age or require any reimbursement from  an employ ee for  any cash shortage, break- 
age,  or 	
loss  of equipment, unless  it can  be sh own  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 wor n by the employee as a condition of employment, such unifor ms shall  be
pr ovided and maintained by the employer. The  term  ?XQL forP?  includes w earing 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  employ er or   are  necessary  to  the  performance  of  a  job,  such  tools  and  equipment  shall
be  provided  and  maintained  by  the  employer,  except  that  an  employ ee  whose  wages  are  at  least  two  (2)  times  the  minim um  wage  pr ovided	
 	
herein may  be required  to pr ovide and maintain hand tools and equipment customarily  required by the trade or craft. This subsection  (B)	 	
shall not apply  to apprentices regular ly 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 reasonab le deposit may  be required as security f or the return  of the items  furnished by the employ er under provisions  of subsections 
(A) and  (B) of this section upon issuance  of	  a receipt to the employe e 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 
employe e?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 fo r normal wear and tear. All items  furnished by the employe r shall be returned by the employe e upon completion of the job.  10.
MEALS AND LODGING	
(A)?0HDO?  means  an adequate, well-balanced  serving  of a variety  of wholesome, n utritious foods.
(B) 	
?/RGJLQJ?  means living accommodations av ailable  to  the employ ee for  full-time occupancy which are adequate, decent,  and sanitary
ac	
cording  to usual and customary standards. Employees shall  not be required  to s	
 hare a bed. 	
(C) Meals or lodging may  not be credited against the minim um wage without a voluntary written agreement  between the employ er and
the employee. When credit f or meals  or lodging  is used  to meet  part of the employ er?s minim um wage obligation, the amounts  so credited 	
may not  be more than the following:	 Room 
occupied alone ...........................................................   $51.73/
week  $
6	
 1.13/
week  $
56.43/
week 
Room  shared	
  .......................................................................   $	
 42.70/
week  $50	
.46/
week  $
46. 58/
week 
Apartment  — two	
  thirds  (2/3)	
  of the  ordinary  rental value,  and in no 
event	
 more than   ................................................................. 
Where  a couple  are both	
  employed  by the  employer,  two thirds (2/3)  
of 	
the ordinary rental  value, and in no event	
  more than ...	 .......
MEALS 
Breakfast  ........................................................................\
....   $3.
98  $4	
 .70
  $4	 .34 
Lunch  .................................................................................	
  $5.47 
$6.47  $5	
.97 
Dinner  ................................................................................
  $7	

.34
  $8	 .68  $8.01 
$621.28/
month
  $919.02	
/
month $677.75/
month
$1086.07/ month
$734.21/
month
$1002.56/month 
$1002.56/
month
$677.75/
month
$46.58/
week
$56.43/
week
LODGING
  JANUARY 1, 2017
 
26 or More  	

25 or Fewer 
Employees Employees 
EFFECTIVE:
For  an	
  employer  who employs: $49.38/
week 
$ 4	

0.76/
week 
$3

.80  
$5.22  
$ 7	

.09  
$593.05
/
month
month 
$

877.2
7/$	
 47.03/
week 
$38.82	

/
week 
$3.62  
$4.97  
$

6.68  
$564.81
/
month
month 
$	

835.49
/$5	 1.73/
week 
$4	

2.70/
week 
$3

.98  
$5	
 .47  
$7

.35  
$6	
21.29/
month
month 
$919.0
4
/ $49.38/
week 
$4	

0.76/
week 
$3.80  
$	

5.22  
$7.01 
$593.
05/
month
month 
$877.2
6/ $4.34
$5.97 $8.01 JANUARY 1, 2018
 
26 or More 25 or Fewer  Employees  Employees  J
ANUARY	
  1, 2019
 
2 6	

 or More 25 or  Fe	
wer 
Employees Employees  J
ANUARY 1, 2020  
26 	

or More 25 or Fewer 
E m	

ployees Employees  (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)

? 8  (D) Meals evaluated 
as pa rt of the minim um wage must  be bona fide meals consistent with the employ ee?s work shift. Deductions shall
not  be made f or meals  not receiv ed or lodging not used.	
 	
(E) If,  as a condition  of employment, the employ ee must  live at the place  of employment  or occupy  quarters owned  or under the control
of  the employer, then the employ er may  not charge rent  in excess  of the values listed herein.	
  11.
MEAL PERIODS	
(A)	No  employ er  shall  employ  any  person  f or  a  work  period of  more  than  five  (5)  hours  without  a  meal  period of not   less  than  30
min utes, 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 employ er and the employee. Unless the employ ee is reliev ed of all  duty  during a  30 mi nute meal  period, the meal 
period shall	
 be considered  an ?RQ  GXW\?  meal  period  and counted  as time work ed. An  ?RQ  GXW\?  meal  period shall  be permitted only when 
the nature  of
 the work prevents  an employ ee from being reliev ed of all  duty  and when by written agreement  between the  parties  an on-the-
job  paid meal
 period  is  agreed  to. The  written  agreement  shall  state  that  the  employ ee  may, in  writing,  revoke  the  agreement  at  any  time. 	
(B) If an employ er fails  to pr ovide  an employ ee a meal  period in accordance with the applicab le pr ovisions  of this order, the employ er
shall  pay the  employ ee one  (1)  hour of   pay  at the  employ ee?s  regular  rate  of  compensation f or  each  wor kday  that  the  meal  period is not  
pr ovided.	
 	
(C)	In all   places  of  employment  where  employees  are  required  to eat  on   the premises,  a  suitab le  place  f or  that  purpose  shall  be	
designated.	 	
(D)	Notwithstanding any other  provision  of this order, employ ees in  the health care industry who work shifts  in excess  of eight (8) total
hours  in  a  wor kday  may  voluntarily  w aive  their  r ight to  one  of   their  two  meal  periods. In  order  to be  valid,  any  such  w aiver   must  be	
 
doc umented  in  a  written  agreement  that  is  voluntar ily  signed  by  both  the  employ ee  and  the  employer.  The  employ ee  may  revoke  the 
w ai ver	
 at   any  time  by  providing  the  employ er at   least  one  (1)  day ?s  written  notice. The  employ ee  shall  be  fully  compensated  f or  all  working 
tim e,
 including  any  on-the-job  meal  period,  while  such  a  w aiver  is  in  ef fect.  12.
REST PERIODS
(A ) Every employer shall authorize  and permit al l employ ees to take rest  periods, which insofar as practicable shall be in  the middle of  each wo rk
pe riod .   Th e authorized rest  period time shall be based on  the total hours worked  daily at the r ate of  ten (10)  minutes  net rest time  per fou r (4 ) hours	
 	
or major fraction thereof.   However, a rest period need  not be  authoriz ed for  employees whose total daily work time  is less than three and one-half	 	
(3 1
/2 )  hour s. Authoriz ed  rest period  time  shall  be  counted as  hours  work ed  for  which  there  shall  be no  deduction  from  w ages. 
(B) If an  employ er fails  to pr ovide  an employ ee a rest  period in accordance with the applicab le pr ovisions  of this order, the employ er
shall pay the  employee one (1)  hour of  pay  at the  employ ee?s regular rate  of compensation f or each  wor kday that the  rest  period is not  
provided.	  13.
CHANGE ROOMS AND RESTING FACILITIES	
(A)	Employers  shall  provide  suitab le lo cker s,  closets,  or equi valent  f or  the  safekeeping  of  employ HHV?  outer  clothing  during  working
hour s, and  when required, f or their work clothing  during non-working hours. When the occupation requires a change  of clothing, change	
 	
rooms  or equiv alent space shall  be provided  in order that employ ees may change their clothing  in reasonab le privacy  and comfor t. These	 	
rooms or  spaces  may  be  adjacent to  b ut  shall  be  separate  from  toilet  rooms  and  shall be  kept  clean. 	
NOTE: 	This section shall  not apply  to change rooms and stor age 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 availa ble to employees  during	
work hours.	  14.
SEATS	
(A)	All working employees shall  be provided with suitab le seats when the nature  of the work reasonab ly pe rmits the use  of seats.	
(B) When employ ees are  not engaged  in the active duties  of their employment  and the nature  of the work requires standing,  an adequate
number  of suitab le seats shall  be placed in reasonab le pr oximity  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  reasonab le  comfort  consistent  with  industry-wide  standards  f or  the
nature  of the process and the work  perfor med.	
 	
(B)	If excessive heat  or humidity  is created by the work process, the employ er shall  take all feasib le means  to reduce such excessive
heat  or  humidity  to a  de gree  providing reasonab le comfor t. 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  f or  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 us e.	
(D) Feder al and State energy guidelines shall  prevail ov er any conflicting  provision  of this section. 16.
ELEVATORS
Adequate  elevator, escalator  or similar  service consistent with industry-wide standards f or the nature  of the process and the work	
per formed shall  be provided when employ ees are employ ed four floors  or more  above  or bel ow 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, w ould not materially  affect the w elfare  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 reasonab le

? 9  notice 
is gi ven  in  writing.  Application  f or ex emption  shall  be  made  by  the  employ er or   by  the  employ ee  and/or  the  employ ee?s 
representa tive  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 REPOR TS	
(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  employ er or   any  other  person  acting  on  behalf  of  the  employ er  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 employ ee for  each pay  period during which the employ ee was underpaid  in addition
to  the amount which  is sufficient  to recov er unpaid w ages. 	
(2)	Subsequent Violations  ?	 $100.00 for each underpaid employ ee for each pay  period  during  which the employ ee was under paid in
addition  to an   amount  which  is  sufficient  to  recov er  unpaid  wages. 	
(3) The  af fected employ ee shall receive payment  of all wages recovered.
(B) The  labor commissioner may also issue citations pursuant  to California Labor Code Section 1197.1 f or non-payment  of wages f or
overtime work  in violation  of this order.	
  21.	
SE
PARABILITY
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 unauthoriz ed or prohibited by statute, the remaining  provisions thereof shall  not be  affected 
thereby, b ut shall contin ue to be  gi ven  full force and  effect  as if  the  part so  held invalid  or unconstitutional  had not  been included herein.	
  22.
POSTING OF ORDER	
Every  employ er  shall  k eep  a copy  of  this  order  posted  in an   area  frequented  by  employ ees  where  it  may  be  easily  read  during  the
wor kday. Where the location of work  or other conditions  make this impractical, every employ er shall k eep a copy of this order  and make it 
availab le to  every employ ee upon request.	
  Q
UESTIONS AB OUT ENFORCEMENT of  the Industrial 
Welfar e Commission  orders and reports  of  violations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Office" on the internet or any 
other directory.   The	

  Labor Commissioner  has offices  in the  following 
cities: B a	
 kersfield,  El Centro,   Fr esno, L ong Beach,  Los Angele	 s, 
Oakland, R edding, Sac	
 ramento, S alinas, San Bern ardino,  San 
Diego,  San Fra ncisco, San J	
ose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  SUMMARIES I
N OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RESUMEN EN OTRO S	
 IDIOMA

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