California Free Printable General Labor Law Poster Posters California Industrial Welfare Commission (IWC) Wage Order #7 Mercantile Industry Poster

The Industrial Welfare Commission (IWC) Wage Order #7 Mercantile Industry is a general labor law poster poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in the mercantile industry.

This poster must be posted in a conspicuous place where all employees will of any California Mercantile industry will see it. This poster describes the standards and laws that must be followed in the Mercantile Industry. Such laws include minimum wage rate, working overtime, holding records, and regulations for disabled workers.


CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .

It appears you don't have a PDF plugin for this browser. Please see the link below to download california-iwcarticle7.pdf.

OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 7-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE 
MERC
ANTILE INDUST RY 
Ef fec tive J uly 1, 2014 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
This  Order Must Be Poste d Where Employee s Can Rea d It Easily IWC FORM 1107 (Rev.11/2018)
OSP 06 98765

? 2  •Please Post With This Side Showing	• 
OFFICIAL  NOTICE  	
Effective July 1, 2014 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. 7-2 001 
REGULATING 
WAGES, HOURS AND WORKING CONDITIONS IN THE  
MERCANTILE 	

INDUSTRY  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 minimum wage and meals  and lodging  credits  in the 
Industrial  Welfare  Commission ?s  Orders as a  result  of legislation  enacted  (SB  3,  Ch. 4,  Stats  of  2016  amending  section 
1182.12  of  the  California  Labor  Code ),  and pursuant  to  section  1182.13 o	
 f the  California  Labor  Code.  The  amendments  and 
republishing make  no other changes to the IWC?s Orders. 1.
APPLICABILITY  OF  ORDER
This order shall apply  to all persons employed in the  mercantile industry whether paid  on a	
  time, piece rate, c	 ommission, or
other basis , except that: 
(A) Prov	

isions  of  Sections  3  through  12 of  this  order  shall  not  appl	
 y to  persons  employ ed in  administr ative,  exec	 utive, or
pr ofessional  capacities. The  following  requirements  shall  apply  in dete rmining  whether  an  employee?s  duties	
   meet the  test  to 
qualify for an ex emption from those sections:  (1) Executiv
e Exemption. A person employed in an  executive capacity means any employee: (a) Whose duties 
and responsibilities inv olve  the  management  of the  enterpr ise in  which he/she  is employ ed or of  a
customa	

rily recogniz ed 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  employ ees or  whose suggestions  and recommendations  as to  the  hi ring
or  fi ring  and as to  the  advancement  and promoti	
 on or any  other  change  of status  of other  employ ees will  be given  particular weight; 
and 
(d)	
Who customarily and regularly  exercises discretion and independent judgment;  and
(e) Who  is primar ily engaged  in  duties which meet  the test  of the  ex emption. The activities constituting  exempt wor k
and  non-ex empt work shall  be constr ued 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,  a	
 nd 541.115- 116. 
Exempt  work  shall  include,  f or  example,  all  work  that is  directly  and  closely  related  to exempt  work  and  work  which  is  proper ly 
vi ewed  as  a  means  f or  carrying  out exempt  functions. The  work  actually  performed  by  the  employ ee during  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  jo b,  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	   minimum
w age for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.  (2) Administr
ative E xemption. A person employed in an administr ative 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 employer 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  exercises discretion and independent judgment;  and
(c) Who regular ly and directly assists a proprietor,  or an employ ee employ ed in a	
  bona fide  exec	 utive or administr ative
capacity (as such terms are defined for purposes of this section);  or 
(d) Who performs under only general supervision work along specialized or technical lines requiring special training,
experience, or knowledge;  or 
(e) Who  executes under only general supervision special assignments and tasks;  and
(f) Who  is  primar ily engaged  in   duties  that  meet  the  test  of the  ex emption. The  activities  constituting  exempt  wor k
and  non-ex empt work shall  be construed in  the  same	
  manner as such  terms  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  541.201-205, 541.207 -208, 	
 and 541.210,  and  
541.215. E xempt  work  shall  include,  f or  example,  all  work  that is  directly  and  closely  related  to exempt  work  and  work  which  is 
proper ly vi ew ed as  a means f or carrying out ex empt functions. The work actually per formed by the employee during  the course o	
 f 
the  workw eek must, first  and foremost,  be examined and the amount	
  of  time  the employ ee spends  on such	  work, together with  the

? 3  employ
er?s realistic expectations  and the realistic requirements  of the  jo b, shall  be considered  in determining whether  the employ ee 
satisfies  this 
requirement. 
(g) Such  employ ee	
  must  also ea	rn  a  monthly  salary  equivalent  to no	  less  than  two  (2)  times  the  state  minim um
w age 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 employ
ed	
 in a professional capacity means any employ ee who meets  all of the following requirements: 
(a) Who 
is  licensed  or ce rtified  by  the  State  of  California  and is  primar ily engaged  in the   practice  of one  of  the
following recognized professions: law, medicine, dentistry , optometry, architecture, engineering, teaching, or accounting;  or 
(b) Who  is  primar ily engaged  in  an	
  occupation  commonly  recogniz ed	 as   a  lear ned or  artistic  profession.  F or the
pu	
r-  poses  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	
 ad	vanced  type  in  a  field  or  science  or  learning  customar ily  acquired  by  a
pro-  longed  course  of  specializ ed	
  intellectual  instruction  and  study, as  distinguished  from  a  general   academic  education  and 
from  an apprenticeship,  and from training  in the  per formance  of routine mental,  manual,  or physical processes,  or work  that is  an  
essential part of or necessarily incident to any of the abov e work; 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  endowed  with  general ma nual  or   intellectual  ability  and  training),  and  the  result  of 
which  de	
- pends   primar ily on	 the   invention,  imagination,  or  talent  of the   employ ee or   work  that is  an	  essential  pa	rt of or  
necessarily incident to any of the abov e work; and  
(iii) Whose  work  is  predominantly  intellectual  and  varied in  character  (as  opposed  to  routine  mental, manual,
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 giv en period of time. 
(c) Who  customar ily and   regular ly ex ercises  discretion  and  independent  judgment  in the  per formance  of  duties
set forth in subpara graphs (a) and (b). 
(d) Who  ea	
rns   a  monthly  salary  equivalent  to no	  less  than  two  (2)  times  the  state  minim um  wage  f or  full-time
employment. Full-time employment as 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  f ederal  law
as  they  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 pr ovisions  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 ee	
s, nor shall  they be	  considered  exempt  from  cover age  for the  pu rposes  of  this  subpara graph  unless  they  individually 
meet  the  criteria established for  exemption as  executive or administr ative employ ee	
s. 
(g) Subpara graph (f) above shall not apply to the following advanced practice nurses:
(i) Ce rtified  nurse  midwiv es  who  are  primar ily engaged  in  per forming  duties  f or  which  certification  is
required  pursuant  to  Article  2.5  (commencing  with  Section  2746)  of  Chapter  6  of  Division  2  of  the  Business  and  Professions 
Code. 
(ii)Certified  nurse  anesthetists  who  are  primari ly  engaged  in per forming  duties  f or  which  certification  is
required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code.  (iii)Certified  nurse  practitioners  who  are  primar ily  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 Professions 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  primar ily engaged  in  work  that is  intellectual  or  creative  and that   requires  the ex ercise
of discretion and independent judgment. 
(ii) The employee is primarily engaged in duties that consist of one or more of the following:
?	
The  application  of  systems  analysis  techniques  and  procedures,  including  consulting  with  users,  to
determine 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  employee	
 is  hi ghly  skilled  and is  proficient  in  the  theoretical  and  practical  application  of  highly
specialized  information  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  hou rly  rate  of pay  is not less  than forty-one dollars ($41.00). The Office of Policy, Research
and  Legislation  shall  adjust  this  pa y rate  on  October  1  of  each  year  to  be  effective  on  Jan ua	
ry  1  of  the  following  year  by  an 
amount equal to the percentage increase in the California Consumer Price Inde x for Urban Wage Earners and Clerical Work ers.*  
(i) The  exemption provided in subpara graph (h) does not apply to an employee if  any of the following apply:
(i) The  employ ee	
 is  a  trainee  or  employ ee	 in  an	 ent ry-lev el  position  who  is  learning  to  become  proficient  in

? 4  the  theoretical 
and  practical  application  of  highly  specializ ed in formation  to  computer  systems  analysis,  pro gramming,  and 
software engineering. 
* Pursuant  to Labor   Code  section  515.5,  subdivision  (a)(4),  the  Office  of  Policy,  Research  and  Legislation,  Department  of
Industrial Relations,  has adjusted  the minim um hou rly  rate  of pay specified  in this subdivision  to be $49.77,  ef fective Jan ua	
ry 1,
2007.  This hour ly rate  of pay  is adjusted  on	
 October 1  of each y ear to  be	 ef fective  on	 Janua	ry 1, of the  following y ea	r, and may
be	
 obtained  at www.dir.ca.gov/IWC  or by mail from the Department of Industrial Relations. (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  employee
 is  engaged  in the  operation  of  computers  or in  the  ma nufacture,  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  pro grams  and  who  is  skilled  in  computer-aided  design  softw are, 
including CAD/CAM, but who is not in a computer systems analysis or pro gramming occupation. 
(v) The  employ ee
 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 
f or  on	
  screen  media  or  who  writes  or pr ovides  content  material  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  pu	
rpose  of  creating
imager y for effects used in the motion picture , television, or theatrical industry. 
(B) Except  as pr ovided  in Sections  1, 2, 4, 10,  and  20, the pr ovisions  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 or
the employer. 
(E) The  provisions  of  this  order  shall  not  apply to  any  individual  pa	
rticipating 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 rnati ve workw eek VFKHGXOH?  means any regular ly scheduled workw eek requiring  an	
 employee	 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) ?(PSO o\?  means to engage, suffer, or permit to wor k.
(E) ?(PSO oyHH?  means any person employ ed	
 by an employer, and  includes any lessee who is charged rent, or  who pays rent
for a chair , booth, or space;  and 
(1) Who does not use his/her own funds to purchase requisite supplies;  and
(2) Who  does not maintain  an appointment  book separ ate and distinct from  that of  the  establishment  in which  the space
is located;  and 
(3) Who does not hav e a business license where applicable.
(F) ?(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, employs or  exercises control over the w ages, hour s, or working conditions of any person. 
(G) ?+RXUV   workHG? means  the  time  du	
ring  which  an	  employee is  subject  to the  control  of an	  employer,  and  includes  all  the
time the employee is suffered or permitted to work, whether or not required to do so.  (H)?0HUFDQWLOH  Industr\?PHDQV   any industry,  business,  or establishment  operated for  the  pu
rpose  of purchasing, selling, or
distributing goods or commodities at wholesale or retail; or for the purpose of renting goods or commodities. 
(I)?0LQRU?  means , 	
for the purpose of this order , any person under the age of 18 y ears.
(J) ?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  tangible  or   intangib le  items  or  obtaining  orders  or  contracts  for 
products, services or use of facilities.  (K)?3rimar LO\? as used in Section 1, Applicability, means more than one-half the employ ee?s  work time.
(L) ?6KLIW? means designated hours of wor k by an employee, with a designated beginning time and quitting time.
(M) ?6SOLW  VKLIW?  means  a  work  schedule,  which  is  interr upted  by  non-paid  non-working  pe	
riods  established  by  the  employer ,
other than bona fide rest or meal periods.  (N)?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. 
(O) ?W DJHV?  includes all amounts f or labor  performed by employ ees of  every description, whether  the amount  is fixed	
 or
ascertained by the standard of time, task, piece, commission basis, or other method of calculation. 
(P)?Wor kda\?  and  ?Ga\?  mean any consecutiv e 24-hour period beginning at the same time each calendar day.
(Q)  ?Workw HHN? and  ?w HHN?  mean any sev en	
 (7) consecutive days, starting with  the same calendar day each week.  ?Workw HHN?
is a fix ed and regula rly  recurring period of 168 hours , seven (7) consecutiv e 24-hour periods.

? 5  3.
HOURS AND DAYS OF WORK
(A) Daily Overtime - General Provisions (1) The following overtime  provisions are applicab le to employ ees 18 years  of age  or  over and  to employ ees 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 employ ees shall  not be employ ed more than eight (8) hours  in any wor kday  or more  than 40 hours  in any workw eek 	
 unless 
the employ ee receives one and one-half (1 1
/2 ) times such employ
ee?s regular rate of pa y f	
 or all hours worked 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) days in an y workweek is permissible provided the employee is compensated for such overtime at not less than:
(a) One  and one-half  (11
/2 ) times 
the employ ee?s regular r ate of  	
 pay for all hours work ed in  excess  of eight (8) hours
up  to and  	
including  12 hours in any wor kda	 y, and f or the  first eight (8) hours work ed on the  seventh (7 th
)	  consecutive day of wor k 
in a workweek;  and 
(b) Doub le the   employ ee?s  regular  r ate	
  of   pay  f or  all  hours  work ed in  excess  of 12	   hours in  any  wor kda	 y and  f or  all
hours worked in excess of eight (8) hours on the seventh (7 th
) consecutiv e day of work in a workweek. 
(c) The overtime r ate of compensation required  to be paid  to 	
a  nonexempt full-time salaried employ ee shall be com- 
puted  by	
 using the employ ee?s regular hourly salary as one-fortieth (1/40) of the employ ee?s weekly salary. 
(	

B) Alter native Workw eek
(1) No employ er shall  be deemed  to 	
have violated  the daily overtime  provisions by instituting, pursuant  to the  election  pro- 
cedures set for th in this w age order, a regular ly scheduled alter native workw eek schedule  of not more  than ten  (10) hours  per day 
within a  40 hour  workw eek 	
 without the payment  of an overtime r ate of 	 compensation. All work  performed  in any wor kday b eyond 
the  schedule established by  the agreement  up to 12	
  hours a day  or bey ond	  40 hours  per week  	 shall be paid  at one	  and  one-half 
(1 1
/2 ) times 
the employ ee?s regular r ate of  	
 pay. All work performed  in excess  of 12 hours  per day  and 	 any work in excess  of eight
 
(8) hours  on  those  da ys  w	
 orked  b eyond  the   r	 egularly  scheduled  number  of  wor kdays   established  by  the  alter native  workweek
agreement shall  be paid at doub le the  	
 employee?s regular r ate	  of  pay. Any alter native workw eek agreement adopted pursuant to
this section shall  provide f or 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 f or another  day of the  same length  in the  shift  provided by  the alter native
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 (1 1
/2 ) or double the regular rate of pay shall be included in determining when 40 hours hav
e
been work ed for the purpose of computing overtime compensation.
(2) Any  agreement  adopted  pursuant to  this  section  shall  provide  not  less  than  two  consecutive  da ys  off  within  a
workweek. 
(3)If an employ er  whose employ ees have  adopted  an alternative workw eek 	
 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 employer shall pay the  employee 
overtime compensation  at a rate of one  and  one-half  (11
/2 ) times 
the employ ee?s regular r ate of pay f or all hours work ed in  excess of 
eight (8) hour s, and double the employ ee?s regular r ate	
  of pay f or all hours work ed in excess of  	 12 hours f or the  day the  employee 
is required to work the reduced hours.  (4)An employ er shall  not reduce  an employee?s regular r ate	
  of  hour ly pay  as a result  of the  adoption, repeal  or nullification
of an alternativ e workweek schedule. 
(5) An  employ er  shall  explore  any  availab le  reasonab le  alter native  means  of  accommodating  the  religious  belief  or
observance  of an  aff	
ected  employ ee that   conflicts  with  an adopted	   alternative  workw eek  schedule,  in the   manner  provided  by 
subdivision (j) of Section 12940 of the Government Code. 
(6)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  author	 ized by this section  and 	 who is unable 
to work the alter native workweek schedule established as the result of that election. 
(7) An employ er shall  be permitted, b ut not	
  required, to provide a work schedule  not to exceed eight (8) hours  in a work- 
day  to accommodate any employ ee who is 
hired after  the date  of the  election  and who  is unab le to work  the alter native workweek 
schedule established by the election. 
(8)Arrangements  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 per formance  of the  wor k, shall remain valid after July  1, 2000 provided  that the  results  of the  election 
are  repor ted  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)  below  (Election  Procedures).  If an  employ ee  was  voluntar ily 	
 working an  alternative  workw eek 
s	
chedule  of  not  more  than ten   (10)  hours  a  day  as of  July  1, 1999,  that   alter native  workw eek  schedule  w as  based  on an 
indi	

vidual agreement made  after  Jan uary  1, 1998  between  the  employ ee and 	
employer,  and the  employ ee  submitted,  and the 
em	
ploy er appr oved,  a  written  request  on or be fore  May  30,	
  2000  to  contin ue the  agreement,  the 	 employee  may  contin ue to 
wo	
rk  that   alter native  work-  w eek  schedule  without  payment  of an  overtime  r ate of 	
 compensation  for the   hours  provided  in the  
agreement. The employ ee may  revoke his/her voluntary  authorization to continue such a schedule with  30 d	
 ays  written notice  to 
the  employer. New  arrangements can only be entered into pursuant to the provisions of this section. 
(C) Election Procedures
Election procedures for the adoption and repeal of alternativ e workweek schedules require the following:
(1) Each  proposal  f or an  alternative  workw eek  s	
 chedule  shall be in the   form  of	   a  written  agreement  proposed  by  the
employer. The proposed agreement must designate a regular ly scheduled alter native workw eek in  which  the specified number  of 
work da ys and work hours are regular ly recurring. The actual da ys work ed within that  al
ternati ve workw eek schedule need not be 
specified. The employ er may propose a single work schedule  that would become  the standard schedule f or 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 menu of work schedule options , the employee may, with the approval of the employer , move from one menu option to another.

? 6  (2)
In order  to be valid,  the proposed alter native workw eek schedule must  be	 adopted  in a secret ballot election,  before
the  per formance  of wor k, by  at least a two-thirds (2/3) vote  of the  affected employ ees in  the  work unit. The election shall  be	
 held 
du	
ring regular  working hours  at the  employ HHV? work  site. F or pu rposes  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 separ ate 
physical location, or  a recognized	
 subdivision of  any such work unit. A work unit may consist of  an individual employee	 as long as 
the c riteria for an identifiable work unit in this subsection are met. 
(3) Prior  to the   secret  ballot  v ote,  any  employ er  who  proposed  to  institute an	
  alternative  workw eek  schedule  shall  hav e
made a disclosure  in writing  to the  af fected employ ee	
s, including the ef fects  of the  proposed  arrangement  on	 the  employ HHV? wages , 
hour s, and benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least  14	
 days prior  to voting, f or the  specific 
pu	
rpose  of discussing  the effects  of the  alter native 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  af fected  employees  primar ily  speak  that non-English  language . 
The employ er shall mail the  written disclosure to employees who do not  attend the meeting. Failure to  comply with this para graph 
shall mak e the election  null and void. 
(4) Any  election  to  establish or   repeal  an	
  alternative  workw eek  schedule  shall  be	  held at the   work  site  of the  af fected
employ ee	
s. The  employ er  shall  bear the   costs  of  conducting  any  election  held  pursuant  to  this  section. Upon  a  complaint  by an 
af fected  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  alter native  workw eek  schedule  that is  autho rized	
  by  the Labor   Code  may  be	  repealed  by  the af fected
employ ee	
s. Upon a petition  of one-third (1/3)  of the  af fected employ ees, a new secret ballot election shall  be	 held and a two-thirds 
(2/3)  v ote of  the  affected  employ ees  shall  be	
  required  to  reverse  the  alter native  workw eek  schedule. The  election  to  repeal  the 
alter native workw eek 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 employ ees voted  in  an	
 election held  to adopt 
or   repeal  an	
  alternative  workw eek  schedule. The  election  shall  take  place du	ring  regular  working  hours  at the   employ HHV? wor k 
sit e. If  the  alternative  workw eek  schedule  is  revok ed, the  employ er  shall  comply  within  60	
  days. Upon   proper  showing  of  undue 
hardship , the Division of Labor Standards En forcement may grant an  extension of time for compliance. 
(6) Only secret ballots may  be cast by  affected employ ees 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	
  days  after  the  results  are  final,  and the  report  of  election  results  shall  be	  a pu	blic  document.  The 
report shall include the final tally of the v ote, the size of the unit, and the nature of the business of the employer. 
(7) Employ ees af fected by a change  in the  work hours resulting from  the adoption  of an	
 alter native workw eek schedule ma y
not be required to  work those ne w work hours for at least 30 days after the announcement of the final results of the election. 
(8) Employers  shall  not  intimidate or  coerce  employ ees to  vote  either  in  support  of or  in   opposition  to  a  proposed  alter- 
nati ve  workweek.  No  employ ees  shall  be  discharged  or  discriminated  against f or  expressing  opinions concerning  the  alter native 
workw eek 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 alter native workw eek to  the  af fected employ ee
s. A violation of this  pa	ragraph  shall 
be subject to Labor Code Section 98  et seq. 
(D) Provisions  of subsections (A), (B),  and (C) ab	
ove shall  not apply  to any employ ee	 whose ea	rnings exceed  one and one-half
(1 1
/2 ) times the minimum wage if more than half of that employ
ee	
?s compensation represents commissions.
 
(E) One 
and one-half (1 1
/2 ) times a minor
?s regular r ate 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 employ ed for the same hours as an 
adult are subject to subsection (A) or (B) and (C) above.  (VIOLATIONS  OF CHILD LABOR LA WS are subject  to civil  penalties  of from  $500 to $10,000  as well  as to criminal penal ties. 
Re fer  to  California Labor Code Sections 1285  to 1312  and 1390  to 1399 f or additional restrictions  on the employment of  minors  and 
f or   descriptions  of  criminal  and  civil  penalties  f or  violation  of  the  child  labor  laws. Employers  should  ask school districts about an y 
required work permits .) 
(F) An employ ee	
 may be employ ed on sev en	 (7) wor kdays  in  one  workw eek when the  total hours of  employment during such
workweek do not exceed 30 and the total hours of employment in any one wor kday thereof do not exceed six (6). 
(G) If  a  meal  pe	
riod  occurs  on	  a  shift  beginning  or  ending  at or betw een the  hours  of 10	  p.m. and   6  a.m.,  facilities  shall  be
availab le for  securing  hot food and drink  or for  heating f ood or drink,  and a suitab le sheltered place shall  be	
 pr ovided  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  sev en  (7)  shall  not be	
  constr ued to
pr ev ent  an	
 accumulation  of da ys of  rest when  the nature  of the  employment reasonab ly requires  the employ ee	 to work sev en	 (7) 
or  more consecutive days;  provided, however,  that in  each calendar month,  the employ ee	
 shall receive  the equi valent  of one (1) 
day ?s rest in seven (7). 
(I) Except  as pr ovided  in  subsections  (E)  and  (H),  this section  shall  not  apply  to  any  employ ee	
  covered  by  a  valid  collectiv e
bargaining agreement  if the  agreement expressly  provides f or the  wage s, hours  of wor k, and working conditions  of the  employ ee	
s, 
and  if the   agreement  provides  premium  w age  rates   for   all  overtime  hours  work ed	
  and  a  regular  hourly  r ate  of  pay  f or  those 
employees of not less than 30 percent more than the state minimum w ag	
e. 
(J) Notwithstanding  subsection  (I)  ab	
ove,  where the  employ er and  a  labor  organization  representing  employ ees of  the
em ploy er  have  entered  into  a  valid  collective  bargaining  agreement  pe	
rtaining to the   hours  of  work  of the   employ ee	s, 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 provisions of this section are not applicable to employees whose hours of service are regulated b y:
(1) The  United  States  Department  of  Transportation  Code  of  F eder al  Regulations,  Title  49,  Sections  395.1 to  395.13,
Hours of Service of Drivers;  or 
(2) Title  13	
 of  the  California Code  of Regulations, subchapter 6.5, Section  1200 and the following sections, regulating hours

— 7  of drive
rs. 
(L) If an employe r 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 make up work  time, if performed in the same  workwe ek in which the 	
work
time 	

wa s lost, may  not be counted tow ard computing the total number  of hours worked in a day for purposes of the overtime re- 
quirements, except fo r 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 fo r a personal obligation  that will recur at a fixed time ove r a succes- 
sion  of we eks, the employe e may request  to make up work time fo r up to four (4) weeks  in advance; provided, however,  that the
makeu p work must be performed in the same wee k that the work time was lost. An employee shall provide a signed  written request
for  each  occasion  that the employee  makes  a  request  to make  up work  time  pursuant  to this  subsection.  While  an employer  may
inform  an  employee  of  this makeup  time  option,  the  employer is  prohibited  from  encouraging  or  otherwise  soliciting an  employee
to  request  the  employer ’s approval  to take  personal  time  off and  make  up the  work  hours  within  the  same  workweek  pursuant  to
this subsection.
4. MINIMUM WAGES (A)
Every employer  shall pay to each employee  wages not less than the following:
(1) 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	
 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  wag e	

  for  all  hours 	
worked  in  the  payroll  period,  whether  the remun eration  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
wag e 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 wor kday  an employ ee is required  to 	
 report for 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 wor k, the  employ ee shall  be paid f or half  the us	
 ual or scheduled day ’s wor k, b ut in 
no  ev ent  for   less  than  two  (2)  hours  nor  more  than  four   (4)  hour s, at the   employ ee’s  regular  r ate of  pay,  which  shall  not be  less 
than the mini mum wage. 
(B) If an	

 employ ee is 	
 required to repo	 rt for  work a second time  in any  one wor kday  and  is  furnished less  than tw	 o (2) hours
of  work  on the second reporting, said employ ee 	
 shall be paid f or two (2) hours  at the  em	 ployee’s regular r ate of pay, which shall 
not be l	
ess than the mini mum wage. 
(C) The foregoing reporting time pay provisions are not applicable when: (1) Operations  cannot  commence  or  contin ue due  to 	
threats  to  employees or   propert	 y; or  when  recommended  by  civil
authorities;  or 
(2) Publ	

ic utilities fail to supply electr icity, w ater, 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 employ er’s control.
(D) This section shall  not apply to an employ ee on paid standby status who  is called to per fo	
 rm assigned work  at a time other
than the empl oyee’ 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  byph
y	sical  disability  or mental  deficiency  at l	 ess than the  minim um wage. S	 uch  licenses  shall  be granted 	 only upon 	 joint 
applic	
ation  of employer and employ ee and employee’ s re	
 presentative 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  pers ons withou t requiring individual  licens	
 es of such employ ees. 
(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  sh	

owing  when the employee  begins and ends each work period. Meal periods, split shift intervals  and

— 8  8.
 CASH SHOR
TA	GE AND BREAK AG	ENo
 	
employ er 	shall  mak	e any deduction from  the wage  or  require any reimbursement from  an employee 	for 	any cash shor tage,
 
breakage, 
or loss  of equipment, unless  it can  be shown  	
that  the 	shor tage, 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  employ er to  be  worn  by  the 	
 employee as   a  condition  of  employment,  such  uniforms
shall  be pr ovided  and  maintained  by  the  employer. The  term ―uniform‖  includes  w earing  apparel  and 	
 accessories of  distinctiv e 
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  per formance  of  a  job,  such  tools  and
equi pment  shall  be provided  and  maintained  by  the  employer,  except  that an  employ ee  whose  w ages  are  at  least  two  (2) 
times  the  minim um  wage  pro	
vided  herein  may  be  required to provide  and  maintain  hand  tools and	  equipment  customar ily 
required  by  the  tr ade or  craft.  Notwithstanding  any  other pr ovision  of  this  section,  employ ees in  beauty   salons,  schools  of 
beauty   culture  offering  beauty  care  to the  pub lic  for 	
a  fee,  and  barber  shops  may  be	  required to fu rnish  their  o wn  manicure 
implements,  curling irons, roll ers,  clips,  haircutting  scissors,  combs,  blow ers,  raz ors,  and  eyebrow  tw eezers. 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 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 employ ee for such deposit. Such deposits shall be made 
pursuant  to Section  400 and following  of the  Labor  	
 Code or an employ er with  the prior written  authorization  of the  	 employee may 
deduct  from  the  employ ee’s  last  check  the  cost  of an   item  furnished  pursuant  to  (A)  and  (B)  ab	
ove in the   event  said  item  is  not 
retur ned. No  deduction shall be made  at	
 any time f or normal w ear and  tea r. All items  furnished by  the 	 employer shall  be returned 
by the employ ee upon completion of the jo b. 10.
MEALS AND LODGING
(A) ―Meal‖  means an adequate , well-balanced serving of a variety of wholesome , nutritious f oods.
(B)  ―Lodging‖  means living accommodations availab le to  the  employ ee for full-time occupancy which are  adequate, decent, and
s	

anitary 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  minim um  wage  without  a  voluntary  written  agreement  between the
e	

m ploy 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  $	

61.13/
week  $	
56.43/
week 
Room	
  shared  .......................................................................   $42.70/
week  $50
.	
46/
week  $46.58/
week 
Apartmen	
t  —  two  thi	
rds  (2/3) of  the	 ordinary  renta	l 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
  $919.0	
2/
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
/$51.73/
week 
$	

42.70/ 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 J
ANUARY 1, 2018
 
26 or More 25 or Fewer  Employees Employees  J
ANUARY
 1, 2019 
26  or More 25 or  Fe	
wer 
E	
mployees Employees  J
ANUARY  1, 2020 
2	

6 or More 25 or Fewer 
Employees Employees  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 furnish ed to 
the employee
            (5)  Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available 
to the employee upon reasonable request. 
             (6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be 
provided to employees. An accurate production record shall be maintained by the employer. 
        (B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a 
detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing 
showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or 
the employee’s social security number; and (4) the name of the employer, provided all deductions made on written orders of the 
employee may be aggregated and shown as one item.

? 9  (D) Meals evaluated 
as part  of the  minim um 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 employ ee must  li	
ve at the  place  of employment  or occupy  quarters owned  or under
the control of the employer, then the employer may not charge rent in excess of the values listed herein.  11.
MEAL PERIODS
(A) No 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  minute s	
, except  that when a work  period  of not more  than six (6) hours will complete  the day ?s work  the meal  period may  be 
w ai ved  by  m	
utual consent of the employer and the employee. 
(B) An  employ er  may  not  employ  an  employee  for 	
a  work  period  of  more  than ten   (10)  hours  per  day  without  providing  the
employ ee with a second meal  period of not	
  less than 30  minute	 s, except  that if  the  total hours work ed is  no more  than 12  hour s, 
the  	
second meal  period may be waived  	
by m utual consent  of the  employ er and  the employ ee only  if the  f	 irst meal period w as not 
w ai ved.  
(C) Unless  the employ ee is	
 reliev ed of  all  duty  during a  30 minute	  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 betw een the parties an on-the -	job paid meal  period  is 
agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.  (D)If an employ er 	
fails  to provide  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  r ate of  compensation  f or  each  wor kday  that  the 
meal period is not provided.  (E)In all places  of employment where employ ees are required  to eat  on the 	
premises, a suitab le place f or that  purpose shall
be d	
esignated.  12.
REST PERIODS
(A) Every employ er shall  authorize  and permit all employ ees to	
  ta ke rest  periods, which insof ar as  	 practicable shall  be in the
m	
iddle  of each work  period. The  author	
 ized  rest  period time shall  be based on the  	 total hours work ed daily  at the  rate  of ten  (10) 
mi nutes  net  rest  time  per  four   (4)  hours  or  major  fraction thereof.  However,  a  rest  period need	
  not  be autho	 rized  f or 	employees 
whose  total daily work time  is less than three  and one-half (3 1
/2 ) 
hour s. Authoriz ed rest  per	
iod time shall  be counted as 	 hours worked 
for which there shall be no deduction from w ages. 
(B) If an  employ er 	
fails  to provide  an  employ ee  a  rest per	iod  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 r ate 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 equivalent f or the  sa fekeeping  of employ HHV? outer  clothing  during
w	

orking  hours, and when required, f or their work clothing  during  non-working  hours. When  the occupation requires a change  of 
clothing, change rooms  or equi valent space shall  be pro	
vided  in order  that employ ees may change their clothing  in reasonab le 
privacy and comfor t. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean. 
NO	

TE: This section shall  not apply to change  rooms  and  storage facilities regulated by  the  Occupational  Safety  and Health 
Standards Board. 
(B) Suitab le resting facilities shall  be pro	
vided  in an area separ ate 	 from the toilet rooms and shall  be available to	  employees
during work hours.  14.
SEATS
(A) All  working  employ ees  shall  be pr ovided  with  suitab le  seats  when  the  nature  of the   work  reasonab ly permits  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 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 reasonab le 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  employ er  shall  take  all  feasib le  means  to  reduce  such
excessive  heat or humidity  to a  degree  pro	
viding reasonab le comfor t. Where  the 	 nature of the  employment requires a temperature 
of  less  than 60°  F., a  heated	
  room shall  be pro	vided  to which employ ees may retire f or warmth,  and such room shall  be maintained 
at not les	
s 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) F ederal and State energy guidelines shall prevail over any conflicting provision of this section.

? 10  16.
ELEVATORS
Adequate  elev ator, escalator  or similar  service consistent with industry-wide standards f or the  nature  of the  process  and the
work performed shall be provided when employees are employ ed 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 an y pr ovision 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, Elev ator s, would  not materially  affect  the welfare  or comfort  of employ ees and would work  an undue hardship  on 	
 the 
employ	
er, ex emption may  be made at the  dis	
 cretion of the  Division. Such  exemptions shall  be in writing  to be  ef	 fective and 	 may be 
revok ed after reasonab le notice  is given  in  writing. Application f or ex emption shall  be made  by the empl	
 oyer or  by  the employ ee 
and/or  the  employ ee?s representative  to the  Div	
 ision in writing. A  copy  of the  application shall  be posted at the  plac	 e 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 pr ovided by law, any employ er or  any other  person acting on  behalf of the emplo	
 yer
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 f or each  unde	
 rpaid employee for each pay  peri	 od during which  the empl	 oyee w as unde rpaid
in addi	
tion to the amount which is sufficient to recover unpaid w ages. 
(2) Subsequent Violations  ? $100.00 f or 	
 each underpaid employ ee for each pay  peri	 od during which  the empl	 oyee was
underpaid i	
n addition to an amount which is sufficient to recover unpaid w ages. 
(3) The affected employee shall receiv e 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 unautho rized  or prohibited by statute,  the rem	
 aining provisions 
thereof shall  not be  affected thereby, b ut shal	
 l continue to be  given 	 full force and effec	 t as  if  the  part  so held invalid  or 
unconsti	
tutional  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 kda	

y. 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 available 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 akersfield,  El	
  Centro,   Fr esno, L ong Beach,  Los Angeles, 
Oakland,	
 R edding,  Sacrament	
 o, Salinas, San  Bernardino,  San 
Diego,  San Fra ncisco, San Jose,  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	
 IDIOMAS 
El  Depart amento  de Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603.  Depart
ment of Industrial Relations  
P.O.  Box 420603  
San F rancisco, CA 94 142-0603

Other California Labor Law Posters 5 PDFS

There are an additional 29 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.

Poster Name Poster Type
Mandatory Workplace Discrimination and Harassment Poster Workplace Violence Law
Mandatory Notice to Employees - Injuries caused by Work Workers Compensation Law
Mandatory Whistleblower Notice Whistleblower Law
Mandatory Unemployment Insurance Benefits Unemployment Law
Mandatory Unemployment Insurance Benefits (Spanish) Unemployment Law

View all 30 California labor law posters


Get a 2020 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 2020!

Get 2020 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/43-california-iwc-wage-order-7-poster.htm