California Industrial Welfare Commission (IWC) Wage Order #8 Industries Handling Products After Harvest Poster

OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 8-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE 

INDUSTRI ES  HANDLING
 

PRODUCT S AFT ER HARVEST
 
Ef fec tive J anua ry 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 	3, Chapter 4, Statutes of 2016 and 
section  1182.13  of the  Labor  Code
This  Order 	
Must Be  Posted Where Employees Can Read It Easily IWC FORM 1108 (Rev. 11/2018)
OSP 06 98766

? 1  •Please Post With This Side Showing	• 
OFFICIAL  NOTICE  	
Effective January 1, 2002  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

INDUSTRIA L WELFARE COMMISSION 
ORD ER NO . 8-2001 
REGUL ATING 
WAG ES, HOUR S AND WORKIN G CONDITION S IN THE 

INDUSTRIE S HANDLI NG PRODUCT S AFT ER HARVEST
  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	
 wa ge  and  meals  and  lodging  credits  in the  Industri al
 

Welfare  Commission ?s  Orders as a  result  of legislation  enacted  (SB  3,  Ch. 4,  Stats  of  2016,  amending  section  1182.12  of  the 
California  Labor  Code ),  and pursuant  to section 
 1182.13  of the  California  Labor Code.  The  amendments  and republishing  
make no other changes to the IWC?s Orders.
 
1. APP	

LICABILITY  OF  ORDER
This order shall apply  to all persons employed in  the  industries handling products after  harvest whether paid on a time, piece	
rat e, commission,  or other basis, except that:	 	
(A)	Pr ovisions  of  Sections  3  through  12 of  this  order  shall  not	   apply to  persons  employ ed in  administr ative	 , ex ecutive,  or
professional capacities. The following requirements shall apply  in determining whether  an employ ee?s duties meet  the tes
 t to qualify 
f or  an	
 ex emption from those sections: 
 (1)

Executive Exemption.  A person employed in an executive capacity means any employee:

(a) Whose  duties  and responsibilities  invo lve the  management  of the enterprise  in which  he/she  is employe d or  of a
	
customarily recogniz ed department  or subdivision thereof; and	 	
(b) Who  customarily  and regular ly directs the work  of two  or more other employees therein; and
(c) Who  has the authority  to hire  or fire other employees  or whose suggestions  and recommendations  as to  the  hiring
or  fi ring and  as to  the  advancement and promotion  or any other change  of status  of other employees will  be gi ven  particular weight; 
and	
 	
(d) Who  customar ily and regular ly 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- exempt 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 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 expecta- 	
tions  and the  realistic requirements  of the  jo b, shall  be considered  in dete rmi	 ning 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 s	 tate minimum wage
f or  full-time employment. Full-time employment  is defined in Labor  Code Section 515(c)  as 40 hours  per week. 	
(2)	Administr ative Exemption. A person employ ed 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 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  depa rtment  or subdivision thereof,  in work directly related  to the  academic instruction  or training carried  on therein; and 	
(b)	Who customar ily and regular ly ex ercises discretion  and independent judgment;  and	
(c)	Who regularly and directly assists a proprietor,  or an employ ee employed in a  bona 	fide  executive  or administr ative
capacity (as such  terms  are defined f or purposes  of this section);  or 	
(d) Who  perfor ms under only gener al supervision work along specializ ed or  technical lines requiring special training,
experience,  or kn owledge;  or	
 	
(e)Who  ex ecutes under only  general  supervision special assignments  and tasks; and
(f)  Who  is  primarily engaged  in duties which meet the test  of the  exemption. The activities constituting  exempt work and
non- exempt  work shall  be constr ued 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, 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  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  job, shall  be considered  in determining  whether the employ ee satisfies 
this requirement.

? 2  (g)	Such employ
ee must also  earn a monthly salary  equiv	 alent 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 al	l of  the f
ol lowing   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	
recogniz ed 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
pur poses  of  this  subsection,  ?OHDrned  or  artistic  prof HVVLRQ?  means  an  employ ee  who  is  primarily   engaged  in  the  performance  of: 	
(i)	Work requiring 	kn owledge  of an  advanced type  in a field  or science  or learning customar ily	 acquired by a pro-	
l	

onged 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  	necessarily 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  endo	
 wed with  gene	 ral  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, manual,
me	
chanical,  or physical wor k) and  is of  such character that the output produced  or the result accomplished cannot  be standardized 
in  
relation  to a given  period  of time.	 	
(c) 	Who customarily  and regularly  ex ercises discretion  and independent judgment  in the  per formance  of duties set for th	
in subpara graphs (a)  and (b).	 	
(d)	Who earns 	a  monthly  salar y equi valent  to no  less  than  two  (2)  times  the  state  minim um  wage  f or  full-time
employ ment. 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 construed in accordance with the following provisions of f ederal 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 pr ovisions  of this subparagr aph, pha rmacists 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  exem	 pt professional employ ees, nor	 	
shall they  be  considered  exe	 mpt  from  coverage  for the  purposes  of 	this  subpara graph  unless  they  individually  meet  the  criter ia	 	
established f or ex emption  as ex ecutive  or administr ative employ ees. 	
(g)	Subparagraph (f)  above shall  not	  apply to the  following  advanced practice nurses:	
(i) 	Certified  nurse  midwiv es  who  are  primar ily engaged  in  per forming  duties  f or  which  certification  is  required
pursu ant 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 primar ily engaged  in  per forming duties f or which ce rtification 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 ex empt from the daily over time pay  provisions  of Labor Code Section  510, if  all  of the following apply:	
 	
(i) The employ ee is  primarily engaged  in work that  is intellectual  or creative  and 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 f or computer  operating systems. 
(iii) The employ ee is highly skilled  and is  proficient  in the theoretical  and practical application  of highly specializ ed
in formation  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  for ty-one   dollars ($41.00). The  Office of Policy,  Research
and  Legislation  shall  adjust  this  pa y r	
 ate 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 Earners and Clerical Work ers.*	
 	
(i)	The  exemption  provided  in subpara graph (h)  does not apply  to an employ ee if a	ny  of the  following apply:	
(i)	The  employ ee is	  a  trainee  or  employ ee in an  entr	y-lev el  position  who  is  learning to  become  proficient  in the
theoretical  and  practical  application  of  highly  specializ ed inf	
ormation  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 level of  skill  and expertise necessary
to work independently  and without close supervision. 	
(iii)	The employee is engaged  in the operation  of computers  or in  the  manufacture, repair,  or maintenance  of
co mputer hardware and related equipment.

? 3  * 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  hourly  rate  of  pay  specified  in  this  subdivision  to  be  $49.77,  effective  Janua ry  1,
2007.  This hour ly rate  of pay  is adjusted  on October 1  of each year  to be  ef fective  on Janua ry 1, of  the following y ear, and may  be
obtained  at ww w.dir.ca.gov/IWC  or by mail from the Department  of Industrial Relations.	
(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. 	
(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 for  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 W eb 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	
imagery f or ef fects used  in the motion picture, television,  or theatrical industry.	 	
(B)	Except as  provided in  Sections  1, 2, 4, 10, and  20, the  provisions of  this order shall not apply  to any employees directly
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  participating 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, 
amend ing 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 engag e, suffer,  or pe	rmit  to wor k.	
(E)	?(PSOoyHH?  means any person employ ed	 by an	 employer.	
(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, emplo ys or  ex ercises control ov er the  wages,  hours, or working conditions  of any person. 	
(G)	?+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. 	
(H)	?,QGXVW ries Handling Products After  HarvHVW?  means any industry, business,  or establishment  operated for the  pu	rpose  of
gr ading,  sorting, cleaning, drying, cooling, icing,  pa	
cking, dehyd rating, cracking, shelling, candling, separating, slaughtering,  picking,	 	
plucking, shucking, pasteurizing, fermenting, ripening, molding, or  otherwise preparing any agricultural, horticultural, egg, poultry,	 	
meat, seafood, rabbit,  or dai ry product f or distribution,  and includes all  the operations incidental thereto. 	
(I)	?0LQRU?  means, f or the  pu rpose  of this order, any person under  the age  of 18	 y ear s.	
(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  tangib le or   intangib le  items  or  obtaining  orders  or  contracts  f or	
 	
products, services  or  use  of  facilities. 	
(K)	?3 rimar LO\? as  used  in Section  1, Applicability, means more than  one-half the employ ee?s work time.	
(L)	?6KLIW?  means designated hours  of work by  an employee, with a designated beginning time  and quitting time.	
(M)	?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.	
 	
(N)	?T HDFKLQJ?  means, for the  purpose of Section 1 of this order, the profession of teaching under a cer tificate from the
Co mmission 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 fi xed  or
as ce r tained by the standard  of time, task, piece, commission basis,  or other method  of calculation.	
 	
(P)	?Wor kda\?  and  ?Ga\?  mean any consecutive  24	-hour  pe	riod 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  fixed  and regular ly recurring  pe	
riod of 168  hour s, sev en (7) consecutive  24	-hour pe	riods.  3.
HOURS AND DA YS OF  WORK	
(A)	Daily Overtime - Gener al Pr ovisions
(1) 	The following over time  provisions are applicab le to  employees  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 an y 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 f or all hours work ed ov er 40  hours  in the 
workweek. Eight (8) hours  of labor constitutes a day ?s wor k. Employment bey ond eight (8) hours  in any wor kday  or more than six	
 	
(6) da ys in  any workweek  is permissib le under the following conditions:
(2) MANDATORY DAY OFF  REQUIREMENT:  An employ ee may work  up to  a maxim um of  72  hours  in any workweek after
which the employ ee shall have a 24-hour  period off  duty, except that:

? 4  (a)	In
  the  grape   and  tree  fruit  industry  the  f ollowing  key  personnel: receiv ers,  loaders,  fork  lift  operators,  shipping  clerks,
and maintenance work ers, may  be exempt from  the 	
 mandatory day off requirement;  and 	
(b)	In the  cotton ginning industry  and in the  tree n ut hulling  and shelling industry, all employ ees shall have  the voluntary
right  to be  exempt  from  the 	
 mandatory  day  off  provision  in  this  order. Any  employ ee  desiring to exem	 pt  himself/herself from  the	 	
mandatory  day  off provision  may  exercise  that  exemption  by  notifying  the  employ ee?s  employ er in   writing. Any  employ ee  who  wishes	 	
to  withdraw  that  exemption  may  do so  by  notifying  the  employ er in   writing  at  least  five  (5)  da ys in  advance  of  the  desired  day  off. 
(This notice  provision  is not intended  to be applicab le to 	
 instances of illness  or emergencies);  and 	
(c)	In  the  exercise  of  any  exemption  from  the  mandatory  day  off  provided  above  or  by  action  of  the  state  labor
commis sioner, (administr ative ex emptions from the  mandatory day off are  permitted by Labor Code S	
 ection 1198.3 under certain 
conditions)	
 no  employ er  shall  discriminate  against  any  employ ee  who  desires to ta ke  24  hours  off  after  72  hours  worked in  a 
workweek;  and 
(d)	All employers who  permit any employees to 	 work more than 72 hours in a workw eek 	 must give each employ ee a	
copy  of the applicab le pr ovision f or ex emption, including subpara graph (c)  above  in English  and in  Spanish,  and post  it at  all times 
in a prominently visib le place;  and 	
(3) Over time hours shall  be compensated at:
(a)	
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  up
to and including  12 hours in any wor kda	
 y, and for the  first eight (8) hours work ed on the sev enth (7th
) 	 consecutive day of work  in a	 	
workweek;  and 	
(b)	Double  the  employ ee?s  regular  rate  of  pay  f or all   hours  work ed in  excess  of 12   hours  in  any  workd ay and  f or  all
hours work ed in excess  of 	
 eight (8) hours  on the  sev enth  (7 th
)	  consecutive day  of work  in a workweek. 	
(c) 	The overtime rate  of compensation required  to be  paid  to a  nonex empt full-time salaried employ ee shall be computed
by using  the employ ee?s regular  hou	
 rly  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  h	 ave  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  rate  of  compensation.  All  work  performed  in  any  workd ay 
b ey ond   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  rate  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  beyond  the  regular ly  scheduled  number  of  wor kdays   established  by  the  alter native 
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  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  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  r ate of  pay  shall  be  included  in deter	 mining  when 
40 hours have  been 	
 worked	 for  the  purpose  of computing overtime compensation. 	
(2)	Any  agreement  adopted  pursuant  to  this  section  shall  provide  not  less  than  two  consecutive  da ys off  within  a	
workw eek	 
(3)	If an employ er whose employ ees have  adopted  an alternative workw eek a	 greement permitted by this order requires
an employ ee to 	
 work fewer hours  than those  that are regular ly scheduled by  the agreement,  the employ er shall pay the  employee	 	
overtime compensation  at a rate of one  and  one-half (1 1
/2 ) times  the employ ee?s regular r ate of pay f or all hours work ed in  excess  of	 	
eight (8)  hours, and  doub le the employ ee?s regular r ate	  of  pay f or all hours work ed in excess  of 12	  hours for the  d	 ay the  employ ee	 	
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 alter native workw eek 	
 schedule. 	
(5)	An  employ er  shall  explore  any  availab le  reasonab le  alternative  means  of  accommodating  the  religious  belief  or
observance  of an  af fected  employ ee  that  conflicts  with  an  adopted  alternative  workweek  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 for t  to find a work schedule  not to  exceed eight (8) hours  in a wor kday,  in order
to  accommodate any  affected employ ee who w as eligib le to  vote  in an election authoriz ed by this section  and who  is una ble  to  work 
the alternative workweek schedule established  as the result  of that election.	
 	
(7)	An  employ er shall  be pe rmitted, b ut not  required,  to pr ovide 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 alternative workweek 
schedule established by the election.	
 	
(8)	Ar rangements adopted  in a secret ballot election held pursuant  to this order prior to 1998, or under  the rules  in effect	
prior  to 1998,  and  before the  performance  of the 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 
require	
ments  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  alternativ e workweek  schedule  was  based  on  an 
individual  agreement  made  after  Janua ry 1,  1998  between   the  employ ee and   employer,  and  the  employ ee  submitted,  and  the 
employ er  approved,  a  writ-  ten  request  on or  be fore  May  30, 2000  to   continue   the  agreement,  the  employ ee  may  continue  to  
work  that  alternative  workweek  schedule  without  payment  of an   over time  rate  of  compensation  f or  the  hours  provided  in  the 
agreement. The employ ee may revoke his/her voluntary authorization  to continue  such a schedule with  30 da ys written notice  to the 
employer. New  arrangements can only  be entered into pursuant  to the  provisions  of this section.	
 	
(C)	Election Procedures	
Election procedures f or the adoption  and repeal of alternative workweek schedules require the following:

? 5  (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  workweek in   which  the  specified  number  of  work  da ys	
 	
and work hours are regular ly recurring. The actual da ys work ed within  that alter nativ	 e workweek 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 menu 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  employ ee  may,  with  the  approval of   the  employer,  move  from  one  menu  option  to  another.  	
(1)	In order  to be valid,  the proposed alter nativ	 e workweek schedule must  be adopted  in a	  secret ballot  election,  before	
the performance  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 
during regular  working  hours  at the  	 employHHV? work  site. F or pu rposes  of  this  subsection,  ?DIfected  employ ees in  the   work  XQLW?	 	
may  include  all  employees  in  a  readily  identifiab le  work  unit,  such  as  a  division,  a  department,  a  job  classification,  a  shift,  a  separate	 	
physical location, or  a recognized subdivision of  an	 y such work unit. A work unit may consist of  an individual employee as long as	 	
Prior  to the secret ballot v ote, 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,	
 	
hour s, and  benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least 14 days prior  to	  voting, for the  specific	 	
purpose  of  discussing  the  effects  of  the  alternative  workw eek  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	 	
employ er  shall  mail  the  written  disclosure  to  employ ees  who  do not  attend  the  meeting. Failure  to  comply  with  this  paragraph  shall	 	
ma ke the  election null  and void. 	
(2)	Any  election  to  establish  or  repeal  an  alternative  workw eek  schedule  shall  be  held  at  the  work  site  of  the  affected
em ploy ees. The  employ er  s	
 hall bear  the   costs  of  conducting  any  election  held  pursuant  to  this  section. Upon  a  complaint  by an 
aff	
ected	
 employee,  and  after  an  investigation  by  the  labor  commissioner,  the  labor  commissioner  may  require  the  employ er to   select 
a  neutr al
 third party  to   conduct  the  election. 
(3) 	Any type  of alternative 	workweek schedule that  is authoriz ed by the Labor Code may  be repealed by the	 affected
em	
pl oy ee s. 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 
alter native workw eek schedule shall  be held  not more  than 30 da ys 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 during regular working hours  at the  	 employHHV? work  site. 
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  Enforcement may  grant  an extension  of time f or compliance.  	
(4)	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 repor ted 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 public  document. The  report 
s	
hall	
 include  the final tally  of the v ote, the size  of the  unit, and  the nature  of the  business  of the  employer. 	
(5)	Employ ees af fected by a change  in the  work hours resulting from  the adoption  of an alter native workw eek 	 schedule
may	
 not  be required  to 	work those new work hours f or at least  30 days after  the 	 announcement  of the  final results  of the election. 	
(6)	Employers  shall  not  intimidate or  coerce  employ ees to  v ote  either  in  support  of or  in   opposition  to  a  proposed
alter native	
 workweek.  No employ ees shall  be discharged  or di	 scriminated 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  paragraph 	shall  prohibit  an 
employ er  from	
 expressing  his/her  position  concerning  that  alter native  workw eek to  the  affected  employ ees.  A  violation  of  th	 is 
para graph  shall  be	
 subject  to Labor  Code Section  98 et 	seq.  	
(D)	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 employed for  the  	 same hours as an	 	
adult are subject  to subsection (A)  or (B)  and (C)  above. 
( VIO	
LATIONS  OF CHILD LABOR LA WS are subject  to civil penalties  of from  $500  to $10,000  as well  as to criminal  penal-	
 	
ties. Refer  to California  Labor Code Sections  1285 to 1312  and 1390  to  1399 f or additional restrictions  on the  employment  of	 	
minors and  for  descriptions  of  criminal  and  civil  penalties  f or  violation  of  the  child  labor  laws. Employers  should  ask  school	 	
districts  about  any  required  work  permits .) 
(E)	An employ ee may be employed on seven (7) wor kdays in one workweek when the total hours of employment  during such
 workweek 
do not exceed  30 and the total hours  of employment in any one workday thereof  do not exceed six (6).
 

(F)
 If during any wor kday  an employ er declares a work recess  of one -half (1/2) hour  or more, other than a meal  period,  and the
employ er notifies the employees  of the time  to repor t  back f or work and  permits them  to le ave the premises, such recess  need not  be  
treated  as hours work ed pr ovided that there shall  not be  more than two (2) such recess  periods within  one shift and the total  duration 

does  not  exceed  two  (2)  hour s. Work  stoppages  of  less  than  one-half  (1/2)  hour  may  not  be  deducted  from  hours  work ed.
 

(G)
 If a meal  period  occurs  on a  shift beginning  or ending at or between the hours  of 10 p.m. and 6  a.m.,  facilities  shall  be
availab le for securing  hot food and drink  or for heating food  or drink, and a suitab le sheltered place shall  be provided  in which  to
 

consume such f ood 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 days of rest when the nature of the employment reasonab ly requires the employee to work seven (7)
  

or  more  consecutive  days;  provided,  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 subsection (A)(1) and subsections (D) and (H), this section shall not apply to any employee covered by a
valid  collective  bargaining  agreement  if  the  agreement  expressly  provides  for  the  wages,  hours  of  work,  and  working  conditions  of  the 
employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those 
employees of not less than 30 percent more than the state minimum wage.

? 6  
(J)

Notwithstanding subsection (I)  above, where the employer and a labor organization representing employees  of the employe r
have  entered  into  a  valid  collective  bargaining  agreement  pertaining to  the  hours  of  work  of  the  employe es,  the  requirement 
regarding  the  equivalent  of one  (1)  day?s  rest  in  seven  (7)  (see  subsection  (H)  above)  shall  apply,  unless  the  agreement  expressly 
provides otherwise.
  of
 
 (K)

The  provisions  of this section are  not applicable to employe es whose hours  of se rvice are regulated by :

(1)  
The United States Department  of Transportation Code of Federal 
 Regulations, Title  49, Sections 395.1 to 395.13,
Hours

(2)
 Title  13 of  the 	
California  Code  of  Regulations,  subchapter  6.5, Section  1200 and the  following  sections,  regulatinghours of drivers. 	
(L) 	If
 an employ er appr oves  a written request  of an employ ee to ma ke up work time  that is  or would  be l	 ost as a result  of a personal
obligation  of  the  employee,  the  hours  of  that  makeup   work  time,  if  performed  in  t	
 he  same  workweek in   which  the  work  time  w as l	 ost,	 	
may not be counted tow ard computing the total  n	 umber of hours work ed in  a day f or purposes  of the  overtime requirements, except	 	
for   hours  in  excess  of 11   hours  of  wor	k  in one  (1)  day  or 40  hours  of  work  in one  (1)  workweek.  If an   employ ee knows  in  advance	 	
that  he/she will be  requesting ma keup  time f or a personal obligation that  will recur at a fixed time ov er a succession of  week s, 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  wor	k  must  be	 	
performed  in the  same w eek that  the  work time w as lost.  An employ ee shall  provide a signed written request f or each occasion  that	 	
the  employee makes   a  request  to ma ke	  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 	 employer?s	 	
appr oval to  ta ke  personal  time  off  and ma ke  up  the  work  hours  within  the  same  workweek  pursuant  to  this  subsection.  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  th	

ey 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  pay d	
 ay  for the  period  invo lved,  not  less  than	  the
applicabl e minimu m wage  for  all 	
 hours  worked 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 	 minimum
wa ge fo r that work day, except when  the employee	
  resides at the	  place of 	 employment. 

(D)
 The  provisions  of this 	
 section shall not apply  to apprentices regularl y 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  wor k, the employ ee shall be paid for half the usual or scheduled day ?s work, 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  minim um wage. 	
(B)	If an employ ee is required to  report 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  employ ee?s  regular  rate  of  pay,  which  shall  not	
 	
be  less  than  the  minim um  wag e.	  
(C)	The foregoing repor ting time pay  provisions are  not applicab le when:
(1)	Operations cannot commence  or continue due  to threats  to employees  or proper ty;  or when recommended by civil
authorities;  or
 	
(2)	Public  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 perform assigned work  at a time other
than the employ ee?s scheduled repor ting time.	
  6.
LICENSES FOR DISABLED WORKERS	
(A)	A license may  be issued by the Division  authorizing employment of a person whose  earning capacity  is impaired by physicaldisability 
or mental deficiency  at less than the minim um wage. Such licenses shall  be granted only  upon joint application  of employer
 

and employ ee and employ ee?s representative  if any. 

(B) 
 A special license may  be issued to a nonprofit organization such  as a sheltered  workshop or rehabilitation  facility fixing special
minim um rates
 to enab le 
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
Divi
sion.
 (See California Labor Code, Sections 1191 and 1191.5)     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.

— 7  7.
RECORDS(A)	Every employ er shall k eep accurate  information with respect  to each employ ee including the following:
(1)	Full name, home address, occupation and social security number.	
(2)	Birth  dat e, if under  18 years, and designation  as a minor.	
(3)	Time  records  showing  when  the  employ ee  begins  and  ends  each  work  period. Meal  periods,  split  shift  interv als and	 total
daily   hours  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 value  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 av ailable  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 ee	
s. An  accurate production record shall  be maintained by the employer. 	
(B)	Every employ er shall semimonthly  or at  the time  of each payment  of wages  furnish each employee, either  as a detachab le	
pa	rt of  the  chec k,  draft,  or  voucher  paying  the  employ ee’s  w ages,  or  separately,  an  itemiz ed  statement  in  writing  showing:  (1)  all	 	
deductions;  (2)  the  inclusive  dates  of  the  per	iod   for   which  the  employ ee	 is   paid;  (3)  the  name  of  the  employ ee or  the  employ ee’s	 	
social  security  number;  and  (4)  the  name  of  the  employer,  provided  all  deductions  made  on  written  orders of  the  employ ee  may be	 	
ag	gregated  and sh own  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 provided  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,	
breakage,  or loss  of equipment, unless  it can  be sh own  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 unifor ms are required by the employ er to  be  worn by the employ ee	 as  a condition  of employment, such unifor ms shall 	be
pr
ovided and maintained by the employer. The  term  ―uni form‖  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  employee  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  employ ee	  for   such  deposit.  Such  deposits  shall  be	  made	 	
pursuant to  Section  400  and	  foll owing  of  the  Labor  Code  or an	  employ er  with  the  prior   written  authorization  of  the  employ ee	  may	 	
deduct  from  the  employ ee	’s  last  check  the  cost  of an   item  furnished  pursuant  to (A)  and  (B)  above  in  the  ev ent  said  item  is  not  re-	 	
tu rned.  No   deduction  shall  be  made  at  any  time  f or no rmal  w ear and	  tear. All  items  furnished  by  the  employ er  shall  be  retur ned  by	 	
the  employ ee upon  completion  of  the  job.  10.
MEALS AND LODGING	
(A)	―Meal‖  means  an adequate, well-balanced  serving  of a variety  of wholesome, nut ritious foods.	
(B)	―Lodging‖  means living accommodations availab le to  the employ ee for full-time occupancy which are adequate, decent, and
sanitary according  to usual  and customary standards. Employees shall  not be  required  to share a  bed.	
 	
(C) 	Meals or lodging may  not be  credited against the 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  $	

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  rental value,  and in	 no 
event more than   ...................................................	
 .............. 
Where  a coupl	
e  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
/$51.73/
week 
$	

4	
2.70/
week 
$	

3	
.98  
$5.47  
$

7.35  
$621
.29/
month
month 
$919.0
4/$
49.38/
week 
$	

40.76/ 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
 
2	

6 or More 25 or  Fewer 
E	

mployees Employees  J
ANUARY 1, 2020  
2	

6  or More 25 or Fewer 
E	

mployees  Employees

— 8  (D)	Meals evaluated 
as part  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	
minutes, except  that when a work  period of not 	more  than six (6) hours will complete  the day ’s work  the meal  period may  be waived	 	
by  mutual  consent  of  the  employ er and   the  employee. 	
(B) 	An employ er may  not employ  an employ ee for a work  pe	 riod of 	more  than ten  (10) hours per day without  providing  the employ ee
with  a  second  meal  period of not   less  than   30 minutes,  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  first meal  per	 iod was not w aived.  	
(C)	Unless  the  employ ee is  reliev ed of  all   duty  during  a  30 mi nute  meal  period,  the  meal  period   shall  be  considered  an ―on  duty‖
meal period and counted as time work ed. An ―on duty‖  meal period shall be  permitted only when the nature of the work prev ents	
 	
an  employee  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. 	
(D)	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 r ate	  of  compensation f or each wor kday  that  the  meal	 	
period  is  not  pr ovided. 	
(E)	In all places  of employment where employ ees are required  to eat  on the  premises, a suitab le 	 place for that  purpose shall	
be  designated.	  12.
REST PERIODS	
(A)	Every  employ er  shall  authorize  and permit  all  employ ees to  ta ke  rest  periods,  which  insof ar as   practicab le  shall  be in  the
middle of each work period. The authoriz ed rest period time shall be based on the total hours worked daily at the rate of ten (10)	
 	
minutes  net  rest  time  per  four  (4)  hours  or  major  fraction  thereof.  However,  a  rest  period need  not be   authoriz ed  for  employ ees  whose	 	
total  daily work time  is less than three  and one-half  (31
/2 ) hour s. Autho rized rest  period time shall  be counted as ho	 urs worked 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 	 applicable 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 rest 
period  is not  pro	 vided. 13.
CHANGE ROOMS AND RESTING FACILITIES
(A)	Employers shall  provide suitab le lo cker s, closets,  or equi valent f or the  sa fekeeping  of employ ees’ outer  clothing  during work	ing
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 equi valent space shall  be pr ovided  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 k ept clean.	
 	
NOTE: 	This  section shall  not apply  to change  rooms  and  stor age facilities regulated  by  the Occupational  Safety  and  Health 
Standards Board.	
 	
(B)	Suitab le resting  facilities shall  be pr ovided  in an  area separate  from  the  toilet  rooms  and  shall  be  availab le to   employees
du ring 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 suitab le seats shall  be placed in reasonab le pr o	
 ximity to the  work area  and employ ees shall  be permitted  to	 	
use such seats when  it does  not interfere with  the per formance  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 
per formed.	
 	
(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  providing  reasonab le  comfor t. Where  the  nature  of  the  employment 
requires a temperature  of less than  60° F., a heated room shall  be pr ovided  to which employ ees 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.

? 9  16.
ELEVATORSAdequate  elevator,  escalator  or similar  service  consistent with  industry-wide  standards f or  the  nature  of  the  process  and  the
work performed shall  be provided when employ ees 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 f ound  that the  enforcement  of any	
  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	 	
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  notice  is gi ven  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  Di	 vision in writing. A co py 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 pr ovis	
 ions of this order, shall  be subject to the  ci	 vil penalty of: 	
(1)	Initial Violation ?	 $50.00 for each under paid employee for each pay  peri	 od during which  the emplo	 yee w as 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  peri	 od during which the  emplo	 yee w as
underpa	
id  in  addition  to an   amount  which  is  sufficient  to  recov er  unpaid  w ages. 	
(3)	The affected 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	
for  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,  phras e,  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  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 employees 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 keep 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 akersfield,  El Centro,   Fr esno, L ong Beach,  Los Angeles, 
Oakland, R edding, Sacramento, S alinas, San Bern ardino,  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