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

OFFICIAL NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 8-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 
INDUSTRIES  	HANDLING	 	
PRODUCTS AFTER HARVEST	
 	
Effective January 1, 2002 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, 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. 11/2020) 
OSP 06 98766

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TAKE NOTICE:  To  employers  and  representatives  of  persons  working  in industries  and  occupations  in  the  State  of California:	 	
The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the  Industrial 
Welfare  Commission’s  Orders as   a  result  of  legislation  enacted (SB 3,  Ch.  4,  Stats  of  2016,  amending  section 1182.12  of the	
 	
California  Labor Code),  and  pursuant  to section  1182.13  of the  California  Labor Code.  The  amendments  and  republishing  
make no other changes to the IWC’s Orders.  
1. APPLICABILITY OF  ORDER 	
(A)  	 Provisions  of  Sections   3 through  12 of this  order  shall  not  apply  to  persons  employed  in administrative,  executive, or	 	
professT
his  or	
der  shall  apply  to  all persons  employed in  the  industries  handling  products after  harvest  whether  paid on a time, piece 	
rate, commission,  or  other  basis,  except  that:	 
ional  capacities.  The  following  requirements  shall  apply  in  determining  whether an  employee’s  duties  meet  the  test  to  qualify	
 	
for  an  exemption  from those  sections:  	
(1) 	 Executive  Exemption.  A person  employed  in an  executive  capacity means  any  employee:  
(a) 	 Whose duties and responsibilities involve the management of the enterprise in which he/she is employed 
or
 of  a customarily  recognized  department  or  subdivision  thereof; and	
 	
(b)  	 Who  customarily  and  regularly  directs  the  work  of  two  or  more  other employees  therein;  and	 	
(c) 	  Who  has  the  authority  to  hire  or  fire  other  employees  or  whose  suggestions  and  recommendations  as  to  the 
hir
ing  or  firing  and  as to  the  advancement  and  promotion  or  any  other  change  of status  of  other  employees  will  be  given  
particular  weight;  and	
 	
(d)  	 Who  customarily  and  regularly  exercises  discretion  and independent  judgment;  and	 	
(e)  	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt  
wor
k  and  non- exempt  work  shall  be  construed  in the  same  manner  as  such  items  are  construed  in the  following  regulations  
under  the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.102,  541.104- 111, and  
541.115- 116. Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and  closely  related  to exempt  work  and  work  
which  is properly  viewed  as  a means  for  carrying  out  exempt  functions.  The  work  actually  performed  by the  employee  during 
the  course  of  the  workweek  must,  first and foremost,  be  examined  and the amount  of  time  the  employee  spends on  such  
work,  together  with  the  employer’s  realistic  expectations  and  the  realistic  requirements  of  the  job,  shall  be  considered  in  
determining  whether  the  employee  satisfies  this requirement.	
 	
(f)  Such  an employee  must also  earn a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage 
for  full-time  employment.  Full-time  employment  is defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(2) 	 Administrative  Exemption. A person employed  in an  administrative  capacity means  any  employee:  
(a) 	Whose  duties  and  responsibilities  involve  either:  
(i) 	 The performance of office or non- manual work directly related to management policies or general  business  
operations of  his/her  employer  or  his/her  employer’s  customers;  or	
 	
(ii)  The  performance  of functions  in  the  administration  of a  school  system,  or  educational  establishment or institution,	 	
or  of  a  department  or subdivision  thereof,  in  work  directly  related  to the  academic  instruction  or training  carried on  therein;  and	 
(b)  	
 Who  customarily  and  regularly  exercises  discretion and  independent  judgment;  and  	
(c) 	 Who  regularly  and  directly  assists a  proprietor,  or  an  employee  employed in  a  bona  fide executive  or administrative	 	
capacity  (as  such  terms  are  defined  for  purposes  of  this  section);  or 	
(d)  	 Who performs under only general supervision work along specialized or technical lines requiring special  
training,  experience, or knowledge;  or	
 	
(e)  	 Who  executes  under  only  general  supervision  special  assignments  and  tasks;  and	 	
(f)  Who  is  primarily  engaged  in duties  which  meet the  test  of  the  exemption.  The  activities  constituting  exempt 
wor
k  and  non- exempt  work shall be construed in the same manner as such terms are construed in the following regulations 
under the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.201- 205, 541.207- 208, 541.210,  
and  541.215.
 Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and  closely  related  to exempt  work  and  work  
which  is properly  viewed  as a means for carrying out exempt functions. The work actually performed by the employee during 
the course of the  workweek must,  first and foremost, be examined and the amount of time the employee spends on such 
work, together with the  employer’s realistic expectations and the realistic requirements of the job, shall be considered in 	
 	 	
 	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WELFARE  CO MMISSIO N 
O RDER  N O.  8-2001  	
REGULATING  	
WAGES,  HOURS  AND WORKING  CO NDITIONS  IN  THE

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determining whether the employee satisfies  this  requirement.	 	
(g)  	 Such  employee  must also  earn  a monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state minimum  wage	 	
for full -time  employment.  Full-time  employment  is  defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(3) 	 Professional  Exemption.  A person  employed  in  a  professional  capacity  means  any  employee  who meets  all  of  the	 	
following  requirements:  	
(a) 	 Who  is licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of  one  of the  following  	
recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or	 	
(b)  	 Who	 is prima rily	 engaged	 in an	 oc cupation	 co mmon ly	 recogn ized	 as a lear ned	 or artistic	 profess ion.	 For	 the 
pur	
pos es of  this  subsect ion,  ”le arned  or  artist ic  profession”  m eans  an  employ ee  who is  p rima rily  enga ged  i n  the  p erformance 
of:  	
(i) 	 Work  requiring  knowledge  of an  advanced  type in   a  field  or  science  or  learning  customarily  acquired  by  a 
pro -	
 longed course of specialized intellectual instruction and study,  as distinguished from a general academic education and from  
an
 apprenticeship,  and  from training  in the  performance  of routine  mental, manual,  or  physical  processes,  or  work  that  is  an 
essential part  of  or  necessarily  incident  to  any  of  the  above  work; or  	
(ii)  	 Work  that  is  original  and  creative  in character  in   a  recognized  field of  artistic  endeavor  (as  opposed  to 
work which  can  be produced  by  a  person  endowed  with general  manual  or  intellectual  ability  and  training),  and  the  result  of  which  
depends	
 primarily  on  the  invention,  imagination,  or  talent  of the  employee  or work  that  is  an  essential  part  of or  necessarily 
incident  to  any  of the  above  work; and 
(iii)  W hose  work  is  predominantly  intellectual  and  varied  in  character  (as  opposed  to routine mental,  manual,	
 	
me chanical,  or physical  work)  and  is of such  character  that  the  output  produced  or the  result  accomplished  cannot be 
standardized  in relation  to a given  period  of time.	
 
(c) 	
  Who  customarily  and  regularly  exercises  discretion  and independent  judgment  in  the  performance  of duties  set  forth  
in 	
subparagraphs  (a)  and  (b).	 	
(d)  	 Who  earns  a monthly  salar y equivalent  to no  less  than  two (2)  times  the  state  minimum  wage for full -time 
employment.  Full-time  employment  is defined  in Labor  Code  Section  515 (c) as 40  hours  per  week.  	
(e) 	 Subparagraph (b) above  is intended  to be  construed  in accordance  with the  following  provisions  of  federal  law  as	 	
they  existed  as of  the  date  of this  wage  order:  29 C.F.R.  Sections  541.207,  541.301(a) -(d),  541.302,  541.306,  541.307,  
541.308, and  541.310. 	
(f) 	 Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to engage  in  the  practice  of pharmacy,	 	
and  registered  nurses employed  to engage  in the  practice  of  nursing,  shall not be  considered  exempt professional  employees,  nor	 	
shall they  be  considered  exempt from  coverage  for the  purposes  of  this  subparagraph  unless they  individually  meet  the  criteria	 	
established  for exemption  as executive  or administrative  employees. 	
(g) 	 Subparagraph  (f) above  shall not  apply  to  the  following  advanced  practice nurses: 
(i) 	 Certified  nurse midwives  who  are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant  to Article  2.5  (commencing  with Section  2746) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code. 	
(ii) 	 Certified  nurse anesthetists who are primarily engaged in performing duties for which certification is  required	 	
pursuant  to Article  7 (commencing  with Section  2825) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code.  	
(iii) 	 Certified  nurse practitioners  who  are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant  to Article  8 (commencing  with Section  2834) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code.  	
(iv) 	 Nothing in this subparagraph shall exempt the occupations  set forth in clauses (i), (ii), and (iii) from 
meeting  the requirements of subsection 1(A)(3)(a) –(d)  above.	
 	
(h)  	 Except,  as  provided  in subparagraph  (i),  an  employee  in  the  computer  software  field  who  is  paid  on  an  hourly  
basis  shall  be  exempt  from  the  daily  overtime  pay provisions  of  Labor  Code  Section  510, if  all  of  the  following  apply:	
 	
(i) 	 The  employee  is primarily  engaged  in work  that  is  intellectual  or  creative  and  requires  the  exercise  of  
di
scretion  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 
det
ermine  hardware,  software,  or  system  functional  specifications.	
 	
— The design, development,  documentation, analysis, creation, testing, or modification of computer 
sy
stems  or programs,  including  prototypes,  based  on and  related  to user  or  system  design  specifications.	
 
—The  documentation,  testing,  creation,  or  modification  of computer  programs  related  to the  design  of software  
or	
 hardware  for computer  operating  systems. 	
(iii) 	 The  employee  is  highly  skilled  and  is  proficient  in  the  theoretical  and  practical  application  of highly  
specialized  information  to computer  systems  analysis,  programming,  and  software  engineering.   A job  title  shall  not  be  
determinative  of  the  applicability of this  exemption.	
 	
(iv)  	 The employee’s hourly rate of pay is not less than  forty -one  dollars  ($41.00). The Office of Policy,  
Research  and  Legislation  shall  adjust  this  pay  rate  on  October   1 of each  year to  be  effective  on  January   1 of the  
following  year  by  an  amount  equal  to  the  percentage  increase in  the  California  Consumer  Price  Index  for  Urban  Wage 
Earners  and  Clerical  Workers.	
1 	
(i) 	 The exemption  provided in subparagraph  (h) does  not  apply  to  an  employee  if any  of  the  following  apply: 	
                                                            1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research, Department of Industrial Relations, 
has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of 
pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
htt
ps://www.dir.ca.gov/iwc/ComputerSoftwareEmployees.html  or by mail from the Department of Industrial Relations.

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(i) 	 The employee is a trainee or employee in an entry-level position who is learning to become proficient in the	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and software	 	
engineering. 	
(ii) 	 The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary	 	
to work independently and without close supervision. 	
(iii)	  The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of 
computer hardware and related equipment.	
 	 	
(iv) 	The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or	 	
facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software,  including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v) 	 The employee is  a writer engaged in writing material, including box labels, product descriptions, 
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for 
on screen media	
 or who writes or provides content material intended to be read by customers, subscribers, or visitors to 
computer-related media such as the World W ide W eb or CD-ROMs. 
(vi) 	 The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating 
imagery 	
for effects used in the motion picture, television, or theatrical industry.	 	
(B) 	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly 	
employed by the State or any political subdivision thereof, including any city, county, or special district. 
(C) 	 The provisions of this order shall not apply to outside salespersons. 	
(D) 	 The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child 
or the employer.	
 	
(E) 	 The provisions of this order shall not apply to any individual participating in  a national service program, such as 
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 
2000, ch. 365,	
 amending Labor Code Section 1171.) 	
2. DEFINITIONS 	
(A)	 An	 “alternative	 workweek	 schedul	e” means	 any	 regularly	 scheduled	 workweek	 requiring	 an	 employee	 to work	 more	 than 	
eight (8) hours in a 24-hour period.	 	
(B) 	”Commissi	on”	 means	 the	 Industrial	 Welfare	 Commission	 of the	 State	 of California.	 	
(C)	 “Divisio	n” means	 the	 Division	 of Labor	 Standards	 Enforcement	 of the	 State	 of California.	 	
(D) 	“Emplo	y” means	 to engage,	 suffer,	 or permit	 to work.	 	
(E) 	“Employee”	 means	 any	 person	 employed	 by an	 employer.	 	
(F) 	“Employer	” means	 any	 person	 as defined	 in Section	 18	 of the	 Labor	 Code,	 who	 directly	 or indirectly,	 or through	 an	 agent	 or 
any	
 other	 person,	 employs	 or exercises	 control	 over	 the	 wages,	 hours,	 or working	 conditions	 of any	 person.	 	
(G)	 “Hours	 work	ed” means	 the	 time	 during	 which	 an	 employee	 is subject	 to the	 control	 of an	 employer,	 and	 includes	 all the	 time the	 	
employee	 is suffered	 or permitted	 to work,	 whether	 or not	 required	 to do	 so.	 	
(H) 	“Industries	 Handling	 Products	 After	 Harves	t” means	 any	 industry,	 business,	 or establishment	 operated	 for	 the	 purpose	 of 
grading,	
 sorting,	 cleaning,	 drying,	 cooling,	 icing,	 packing,	 dehydrating,	 cracking,	 shelling,	 candling,	 separating,	 slaughtering,	 picking, 
plucking,	
 shucking,	 pasteurizing,	 fermenting,	 ripening,	 molding,	 or otherwise	 preparing	 any	 agricultural,	 horticultural,	 egg,	 poultry, 
meat,	
 seafood,	 rabbit,	 or dairy	 product	 for	 distribution,	 and	 includes	 all the	 operations	 incidental	 thereto.	 	
(I) 	“Minor”	 means,	 for	 the	 purpose	 of this	 order,	 any	 person	 under	 the	 age	 of 18	 years.	 	
(J)	 “Outside	 salespers	on”	 means	 any	 person,	 18	 years	 of age	 or over,	 who	 customarily	 and	 regularly	 works	 more	 than	 half	 the 	
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for 
products,  services or  use of  facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time.	 	
(L)	 “Shift”	 means	 designated	 hours	 of work	 by	 an	 employee,	 with	 a designated	 beginning	 time	 and	 quitting	 time.	 	
(M)	 “Split	 shift”	 means	 a work	 schedule,	 which	 is interrupted	 by	 non-paid	 non-working	 periods	 established	 by	 the	 	
employer, other	 than	 bona	 fide	 rest	 or meal	 periods.	 	
(N) 	“Teachin	g” means,	 for	 the	 purpose	 of Section	 1 of this	 order,	 the	 profession	 of teaching	 under	 a certificate	 from	 the 
Commission	
 for	 Teacher	 Preparation	 and	 Licensing	 or teaching	 in an	 accredited	 college	 or university.	 	
(O) 	“Wages”	 includes	 all amounts	 for	 labor	 performed	 by	 employees	 of every	 description,	 whether	 the	 amount	 is fixed	 	
or ascertained	 by	 the	 standard	 of time,	 task,	 piece,	 commission	 basis,	 or other	 method	 of calculation.	 	
(P) 	“Workda	y” and	 “day” mean	 any	 consecutive	 24-hour	 period	 beginning	 at the	 same	 time	 each	 calendar	 day.	 	
(Q)	 “Workweek	” and	 ”week	” mean	 any	 seven	 (7)	 consecutive	 days,	 starting	 with	 the	 same	 calendar	 day	 each	 week.	 ”Workweek	” is 	
a fixed	 and	 regularly	 recurring	 period	 of 168	 hours,	 seven	 (7)	 consecutive	 24-hour	 periods.	 	
3. HOURS AND DAYS OF WORK 	
(A) 	 Daily Overtime - General Provisions 
(1) 	The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 
years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the 
subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in 
any workweek unless the employee receives one and one-half (	
11/2) times such employee’s regular rate of pay for all hours 
worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours  in any workday or more than six (6) days in any workweek is permissible under the following conditions:	
 	
(2) 	 MANDATORY DAY OFF REQUIREMENT: An employee may work up to a maximum of 72 hours in any workweek

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after which the employee shall have a 24-hour period off duty, except that:	 	
(a)	  In the grape and tree fruit industry the following key personnel: receivers, loaders, fork lift operators, shipping 
clerks, and maintenance workers, may be exempt from the mandatory day off requirement; and 	
(b) 	 In the cotton ginning industry and in the tree nut hulling and shelling industry, all employees shall have the voluntary	 	
right to be exempt from the mandatory day off provision in this order. Any employee desiring to exempt himself/herself from the	 	
mandatory day off provision may exercise that exemption by notifying the employee’s employer in writing. Any employee who  wishes to withdraw that exemption may do so by notifying the employer in writing at least five (5) days in advance of the 
desired day off. 
(This notice provision is not intended to be applicable 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 
commissioner, (administrative exemptions from the mandatory day off are permitted by Labor Code Section 1198.3 under certain	
 	
conditions) no employer shall discriminate against any employee who desires to take 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 workweek must give each employee a	 	
copy of the applicable provision for exemption, including subparagraph (c) above in English and in Spanish, and post it at all 
times in a prominently visible place; and 	
(3)	  Overtime hours shall be compensated at:	 	
(a) 	 One and one-half ( 1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours 
up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7 th
) consecutive day of work 
in a workweek; and 	
(b) 	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and 
for all hours worked in excess of eight (8) hours on the seventh (7 th
) consecutive day of work in a workweek. 	
(c) 	 The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be 
computed by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary. 	
(B)	  Alternative Workweek Schedules	 	
(1) 	 No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the 
election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) 
hours per	
 day within a 40 hour workweek without the payment of an overtime rate  of compensation. All  work  performed  in  any  
workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at 
one and
 one-half ( 1	1/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work 
in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the 
alternative	
 workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek 
agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this 
section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same  length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of 
the employee without the payment of overtime. No hours paid  at either one and one-half ( 1	
1/2) 
or double the regular rate of pay 
shall be included in determining  when	
 40 hours have been worked for the purpose of computing overtime compensation. 	
(2) 	 Any agreement adopted pursuant to this section shall provide not less than two consecutive days off within  a	 	
workweek. 	
(3) 	 If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires	 	
an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee	 	
overtime compensation at a rate of one and one-half ( 1	1/2) times the employee’s regular rate of pay for all hours worked in excess of	 	
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee	 	
is required to work the reduced hours. 	
(4) 	 An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification	 	
of an alternative workweek schedule. 	
(5) 	 An employer shall explore any available reasonable alternative means of accommodating the religious 
belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner  provided by subdivision (j) of Section 12940 of the Government Code.	
 	
(6) 	 An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in 
order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is 
unable to work the alternative workweek schedule established as the result of that election.	
 	
(7) 	 An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a 
work- day to accommodate any employee who is hired after the date of the election and who is unable to work the alternative 
workweek schedule established by the election.	
 	
(8) 	 Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect	 	
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election	 	
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the	 	
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative 
workweek schedule of not more than ten (10) hours  a day as of July 1, 1999, that alternative workweek schedule 
was based on an individual agreement made after January 1, 1998 between the employee and employer, and the 
employee submitted, and the employer approved, a written request on or before May 30, 2000 to continue the agreement, 
the employee may continue to work that alternative workweek schedule without payment of an overtime rate of 
compensation for the hours provided in the agreement. The employee may revoke his/her voluntary authorization to

OFFICIAL NOTICE 	
INDUSTRIAL WELFARE COMMISSION ORDER NO. 8-2001 	
REGULATING 	
WAGES, HOURS AND WORKING CONDITIONS IN THE 
INDUSTRIES  	HANDLING	 	
PRODUCTS AFTER HARVEST	
 	
Effective January 1, 2002 as amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial 
Relations, effective January 1, 2021, 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. 11/2020) 
OSP 06 98766

—	1 	 
 	
 	
TAKE NOTICE:  To  employers  and  representatives  of  persons  working  in industries  and  occupations  in  the  State  of California:	 	
The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the  Industrial 
Welfare  Commission’s  Orders as   a  result  of  legislation  enacted (SB 3,  Ch.  4,  Stats  of  2016,  amending  section 1182.12  of the	
 	
California  Labor Code),  and  pursuant  to section  1182.13  of the  California  Labor Code.  The  amendments  and  republishing  
make no other changes to the IWC’s Orders.  
1. APPLICABILITY OF  ORDER 	
(A)  	 Provisions  of  Sections   3 through  12 of this  order  shall  not  apply  to  persons  employed  in administrative,  executive, or	 	
professT
his  or	
der  shall  apply  to  all persons  employed in  the  industries  handling  products after  harvest  whether  paid on a time, piece 	
rate, commission,  or  other  basis,  except  that:	 
ional  capacities.  The  following  requirements  shall  apply  in  determining  whether an  employee’s  duties  meet  the  test  to  qualify	
 	
for  an  exemption  from those  sections:  	
(1) 	 Executive  Exemption.  A person  employed  in an  executive  capacity means  any  employee:  
(a) 	 Whose duties and responsibilities involve the management of the enterprise in which he/she is employed 
or
 of  a customarily  recognized  department  or  subdivision  thereof; and	
 	
(b)  	 Who  customarily  and  regularly  directs  the  work  of  two  or  more  other employees  therein;  and	 	
(c) 	  Who  has  the  authority  to  hire  or  fire  other  employees  or  whose  suggestions  and  recommendations  as  to  the 
hir
ing  or  firing  and  as to  the  advancement  and  promotion  or  any  other  change  of status  of  other  employees  will  be  given  
particular  weight;  and	
 	
(d)  	 Who  customarily  and  regularly  exercises  discretion  and independent  judgment;  and	 	
(e)  	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt  
wor
k  and  non- exempt  work  shall  be  construed  in the  same  manner  as  such  items  are  construed  in the  following  regulations  
under  the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.102,  541.104- 111, and  
541.115- 116. Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and  closely  related  to exempt  work  and  work  
which  is properly  viewed  as  a means  for  carrying  out  exempt  functions.  The  work  actually  performed  by the  employee  during 
the  course  of  the  workweek  must,  first and foremost,  be  examined  and the amount  of  time  the  employee  spends on  such  
work,  together  with  the  employer’s  realistic  expectations  and  the  realistic  requirements  of  the  job,  shall  be  considered  in  
determining  whether  the  employee  satisfies  this requirement.	
 	
(f)  Such  an employee  must also  earn a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage 
for  full-time  employment.  Full-time  employment  is defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(2) 	 Administrative  Exemption. A person employed  in an  administrative  capacity means  any  employee:  
(a) 	Whose  duties  and  responsibilities  involve  either:  
(i) 	 The performance of office or non- manual work directly related to management policies or general  business  
operations of  his/her  employer  or  his/her  employer’s  customers;  or	
 	
(ii)  The  performance  of functions  in  the  administration  of a  school  system,  or  educational  establishment or institution,	 	
or  of  a  department  or subdivision  thereof,  in  work  directly  related  to the  academic  instruction  or training  carried on  therein;  and	 
(b)  	
 Who  customarily  and  regularly  exercises  discretion and  independent  judgment;  and  	
(c) 	 Who  regularly  and  directly  assists a  proprietor,  or  an  employee  employed in  a  bona  fide executive  or administrative	 	
capacity  (as  such  terms  are  defined  for  purposes  of  this  section);  or 	
(d)  	 Who performs under only general supervision work along specialized or technical lines requiring special  
training,  experience, or knowledge;  or	
 	
(e)  	 Who  executes  under  only  general  supervision  special  assignments  and  tasks;  and	 	
(f)  Who  is  primarily  engaged  in duties  which  meet the  test  of  the  exemption.  The  activities  constituting  exempt 
wor
k  and  non- exempt  work shall be construed in the same manner as such terms are construed in the following regulations 
under the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.201- 205, 541.207- 208, 541.210,  
and  541.215.
 Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and  closely  related  to exempt  work  and  work  
which  is properly  viewed  as a means for carrying out exempt functions. The work actually performed by the employee during 
the course of the  workweek must,  first and foremost, be examined and the amount of time the employee spends on such 
work, together with the  employer’s realistic expectations and the realistic requirements of the job, shall be considered in 	
 	 	
 	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WELFARE  CO MMISSIO N 
O RDER  N O.  8-2001  	
REGULATING  	
WAGES,  HOURS  AND WORKING  CO NDITIONS  IN  THE

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determining whether the employee satisfies  this  requirement.	 	
(g)  	 Such  employee  must also  earn  a monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state minimum  wage	 	
for full -time  employment.  Full-time  employment  is  defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(3) 	 Professional  Exemption.  A person  employed  in  a  professional  capacity  means  any  employee  who meets  all  of  the	 	
following  requirements:  	
(a) 	 Who  is licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of  one  of the  following  	
recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or	 	
(b)  	 Who	 is prima rily	 engaged	 in an	 oc cupation	 co mmon ly	 recogn ized	 as a lear ned	 or artistic	 profess ion.	 For	 the 
pur	
pos es of  this  subsect ion,  ”le arned  or  artist ic  profession”  m eans  an  employ ee  who is  p rima rily  enga ged  i n  the  p erformance 
of:  	
(i) 	 Work  requiring  knowledge  of an  advanced  type in   a  field  or  science  or  learning  customarily  acquired  by  a 
pro -	
 longed course of specialized intellectual instruction and study,  as distinguished from a general academic education and from  
an
 apprenticeship,  and  from training  in the  performance  of routine  mental, manual,  or  physical  processes,  or  work  that  is  an 
essential part  of  or  necessarily  incident  to  any  of  the  above  work; or  	
(ii)  	 Work  that  is  original  and  creative  in character  in   a  recognized  field of  artistic  endeavor  (as  opposed  to 
work which  can  be produced  by  a  person  endowed  with general  manual  or  intellectual  ability  and  training),  and  the  result  of  which  
depends	
 primarily  on  the  invention,  imagination,  or  talent  of the  employee  or work  that  is  an  essential  part  of or  necessarily 
incident  to  any  of the  above  work; and 
(iii)  W hose  work  is  predominantly  intellectual  and  varied  in  character  (as  opposed  to routine mental,  manual,	
 	
me chanical,  or physical  work)  and  is of such  character  that  the  output  produced  or the  result  accomplished  cannot be 
standardized  in relation  to a given  period  of time.	
 
(c) 	
  Who  customarily  and  regularly  exercises  discretion  and independent  judgment  in  the  performance  of duties  set  forth  
in 	
subparagraphs  (a)  and  (b).	 	
(d)  	 Who  earns  a monthly  salar y equivalent  to no  less  than  two (2)  times  the  state  minimum  wage for full -time 
employment.  Full-time  employment  is defined  in Labor  Code  Section  515 (c) as 40  hours  per  week.  	
(e) 	 Subparagraph (b) above  is intended  to be  construed  in accordance  with the  following  provisions  of  federal  law  as	 	
they  existed  as of  the  date  of this  wage  order:  29 C.F.R.  Sections  541.207,  541.301(a) -(d),  541.302,  541.306,  541.307,  
541.308, and  541.310. 	
(f) 	 Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to engage  in  the  practice  of pharmacy,	 	
and  registered  nurses employed  to engage  in the  practice  of  nursing,  shall not be  considered  exempt professional  employees,  nor	 	
shall they  be  considered  exempt from  coverage  for the  purposes  of  this  subparagraph  unless they  individually  meet  the  criteria	 	
established  for exemption  as executive  or administrative  employees. 	
(g) 	 Subparagraph  (f) above  shall not  apply  to  the  following  advanced  practice nurses: 
(i) 	 Certified  nurse midwives  who  are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant  to Article  2.5  (commencing  with Section  2746) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code. 	
(ii) 	 Certified  nurse anesthetists who are primarily engaged in performing duties for which certification is  required	 	
pursuant  to Article  7 (commencing  with Section  2825) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code.  	
(iii) 	 Certified  nurse practitioners  who  are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant  to Article  8 (commencing  with Section  2834) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code.  	
(iv) 	 Nothing in this subparagraph shall exempt the occupations  set forth in clauses (i), (ii), and (iii) from 
meeting  the requirements of subsection 1(A)(3)(a) –(d)  above.	
 	
(h)  	 Except,  as  provided  in subparagraph  (i),  an  employee  in  the  computer  software  field  who  is  paid  on  an  hourly  
basis  shall  be  exempt  from  the  daily  overtime  pay provisions  of  Labor  Code  Section  510, if  all  of  the  following  apply:	
 	
(i) 	 The  employee  is primarily  engaged  in work  that  is  intellectual  or  creative  and  requires  the  exercise  of  
di
scretion  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 
det
ermine  hardware,  software,  or  system  functional  specifications.	
 	
— The design, development,  documentation, analysis, creation, testing, or modification of computer 
sy
stems  or programs,  including  prototypes,  based  on and  related  to user  or  system  design  specifications.	
 
—The  documentation,  testing,  creation,  or  modification  of computer  programs  related  to the  design  of software  
or	
 hardware  for computer  operating  systems. 	
(iii) 	 The  employee  is  highly  skilled  and  is  proficient  in  the  theoretical  and  practical  application  of highly  
specialized  information  to computer  systems  analysis,  programming,  and  software  engineering.   A job  title  shall  not  be  
determinative  of  the  applicability of this  exemption.	
 	
(iv)  	 The employee’s hourly rate of pay is not less than  forty -one  dollars  ($41.00). The Office of Policy,  
Research  and  Legislation  shall  adjust  this  pay  rate  on  October   1 of each  year to  be  effective  on  January   1 of the  
following  year  by  an  amount  equal  to  the  percentage  increase in  the  California  Consumer  Price  Index  for  Urban  Wage 
Earners  and  Clerical  Workers.	
1 	
(i) 	 The exemption  provided in subparagraph  (h) does  not  apply  to  an  employee  if any  of  the  following  apply: 	
                                                            1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research, Department of Industrial Relations, 
has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of 
pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
htt
ps://www.dir.ca.gov/iwc/ComputerSoftwareEmployees.html  or by mail from the Department of Industrial Relations.

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(i) 	 The employee is a trainee or employee in an entry-level position who is learning to become proficient in the	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and software	 	
engineering. 	
(ii) 	 The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary	 	
to work independently and without close supervision. 	
(iii)	  The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of 
computer hardware and related equipment.	
 	 	
(iv) 	The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or	 	
facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software,  including CAD/CAM, but who is not in a computer systems analysis or programming occupation. 	
(v) 	 The employee is  a writer engaged in writing material, including box labels, product descriptions, 
documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for 
on screen media	
 or who writes or provides content material intended to be read by customers, subscribers, or visitors to 
computer-related media such as the World W ide W eb or CD-ROMs. 
(vi) 	 The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating 
imagery 	
for effects used in the motion picture, television, or theatrical industry.	 	
(B) 	 Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly 	
employed by the State or any political subdivision thereof, including any city, county, or special district. 
(C) 	 The provisions of this order shall not apply to outside salespersons. 	
(D) 	 The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child 
or the employer.	
 	
(E) 	 The provisions of this order shall not apply to any individual participating in  a national service program, such as 
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 
2000, ch. 365,	
 amending Labor Code Section 1171.) 	
2. DEFINITIONS 	
(A)	 An	 “alternative	 workweek	 schedul	e” means	 any	 regularly	 scheduled	 workweek	 requiring	 an	 employee	 to work	 more	 than 	
eight (8) hours in a 24-hour period.	 	
(B) 	”Commissi	on”	 means	 the	 Industrial	 Welfare	 Commission	 of the	 State	 of California.	 	
(C)	 “Divisio	n” means	 the	 Division	 of Labor	 Standards	 Enforcement	 of the	 State	 of California.	 	
(D) 	“Emplo	y” means	 to engage,	 suffer,	 or permit	 to work.	 	
(E) 	“Employee”	 means	 any	 person	 employed	 by an	 employer.	 	
(F) 	“Employer	” means	 any	 person	 as defined	 in Section	 18	 of the	 Labor	 Code,	 who	 directly	 or indirectly,	 or through	 an	 agent	 or 
any	
 other	 person,	 employs	 or exercises	 control	 over	 the	 wages,	 hours,	 or working	 conditions	 of any	 person.	 	
(G)	 “Hours	 work	ed” means	 the	 time	 during	 which	 an	 employee	 is subject	 to the	 control	 of an	 employer,	 and	 includes	 all the	 time the	 	
employee	 is suffered	 or permitted	 to work,	 whether	 or not	 required	 to do	 so.	 	
(H) 	“Industries	 Handling	 Products	 After	 Harves	t” means	 any	 industry,	 business,	 or establishment	 operated	 for	 the	 purpose	 of 
grading,	
 sorting,	 cleaning,	 drying,	 cooling,	 icing,	 packing,	 dehydrating,	 cracking,	 shelling,	 candling,	 separating,	 slaughtering,	 picking, 
plucking,	
 shucking,	 pasteurizing,	 fermenting,	 ripening,	 molding,	 or otherwise	 preparing	 any	 agricultural,	 horticultural,	 egg,	 poultry, 
meat,	
 seafood,	 rabbit,	 or dairy	 product	 for	 distribution,	 and	 includes	 all the	 operations	 incidental	 thereto.	 	
(I) 	“Minor”	 means,	 for	 the	 purpose	 of this	 order,	 any	 person	 under	 the	 age	 of 18	 years.	 	
(J)	 “Outside	 salespers	on”	 means	 any	 person,	 18	 years	 of age	 or over,	 who	 customarily	 and	 regularly	 works	 more	 than	 half	 the 	
working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for 
products,  services or  use of  facilities. 	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time.	 	
(L)	 “Shift”	 means	 designated	 hours	 of work	 by	 an	 employee,	 with	 a designated	 beginning	 time	 and	 quitting	 time.	 	
(M)	 “Split	 shift”	 means	 a work	 schedule,	 which	 is interrupted	 by	 non-paid	 non-working	 periods	 established	 by	 the	 	
employer, other	 than	 bona	 fide	 rest	 or meal	 periods.	 	
(N) 	“Teachin	g” means,	 for	 the	 purpose	 of Section	 1 of this	 order,	 the	 profession	 of teaching	 under	 a certificate	 from	 the 
Commission	
 for	 Teacher	 Preparation	 and	 Licensing	 or teaching	 in an	 accredited	 college	 or university.	 	
(O) 	“Wages”	 includes	 all amounts	 for	 labor	 performed	 by	 employees	 of every	 description,	 whether	 the	 amount	 is fixed	 	
or ascertained	 by	 the	 standard	 of time,	 task,	 piece,	 commission	 basis,	 or other	 method	 of calculation.	 	
(P) 	“Workda	y” and	 “day” mean	 any	 consecutive	 24-hour	 period	 beginning	 at the	 same	 time	 each	 calendar	 day.	 	
(Q)	 “Workweek	” and	 ”week	” mean	 any	 seven	 (7)	 consecutive	 days,	 starting	 with	 the	 same	 calendar	 day	 each	 week.	 ”Workweek	” is 	
a fixed	 and	 regularly	 recurring	 period	 of 168	 hours,	 seven	 (7)	 consecutive	 24-hour	 periods.	 	
3. HOURS AND DAYS OF WORK 	
(A) 	 Daily Overtime - General Provisions 
(1) 	The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 
years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the 
subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in 
any workweek unless the employee receives one and one-half (	
11/2) times such employee’s regular rate of pay for all hours 
worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours  in any workday or more than six (6) days in any workweek is permissible under the following conditions:	
 	
(2) 	 MANDATORY DAY OFF REQUIREMENT: An employee may work up to a maximum of 72 hours in any workweek

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after which the employee shall have a 24-hour period off duty, except that:	 	
(a)	  In the grape and tree fruit industry the following key personnel: receivers, loaders, fork lift operators, shipping 
clerks, and maintenance workers, may be exempt from the mandatory day off requirement; and 	
(b) 	 In the cotton ginning industry and in the tree nut hulling and shelling industry, all employees shall have the voluntary	 	
right to be exempt from the mandatory day off provision in this order. Any employee desiring to exempt himself/herself from the	 	
mandatory day off provision may exercise that exemption by notifying the employee’s employer in writing. Any employee who  wishes to withdraw that exemption may do so by notifying the employer in writing at least five (5) days in advance of the 
desired day off. 
(This notice provision is not intended to be applicable 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 
commissioner, (administrative exemptions from the mandatory day off are permitted by Labor Code Section 1198.3 under certain	
 	
conditions) no employer shall discriminate against any employee who desires to take 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 workweek must give each employee a	 	
copy of the applicable provision for exemption, including subparagraph (c) above in English and in Spanish, and post it at all 
times in a prominently visible place; and 	
(3)	  Overtime hours shall be compensated at:	 	
(a) 	 One and one-half ( 1	1/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours 
up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7 th
) consecutive day of work 
in a workweek; and 	
(b) 	 Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and 
for all hours worked in excess of eight (8) hours on the seventh (7 th
) consecutive day of work in a workweek. 	
(c) 	 The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be 
computed by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary. 	
(B)	  Alternative Workweek Schedules	 	
(1) 	 No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the 
election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) 
hours per	
 day within a 40 hour workweek without the payment of an overtime rate  of compensation. All  work  performed  in  any  
workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at 
one and
 one-half ( 1	1/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work 
in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the 
alternative	
 workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek 
agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this 
section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same  length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of 
the employee without the payment of overtime. No hours paid  at either one and one-half ( 1	
1/2) 
or double the regular rate of pay 
shall be included in determining  when	
 40 hours have been worked for the purpose of computing overtime compensation. 	
(2) 	 Any agreement adopted pursuant to this section shall provide not less than two consecutive days off within  a	 	
workweek. 	
(3) 	 If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires	 	
an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee	 	
overtime compensation at a rate of one and one-half ( 1	1/2) times the employee’s regular rate of pay for all hours worked in excess of	 	
eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee	 	
is required to work the reduced hours. 	
(4) 	 An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification	 	
of an alternative workweek schedule. 	
(5) 	 An employer shall explore any available reasonable alternative means of accommodating the religious 
belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner  provided by subdivision (j) of Section 12940 of the Government Code.	
 	
(6) 	 An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in 
order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is 
unable to work the alternative workweek schedule established as the result of that election.	
 	
(7) 	 An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a 
work- day to accommodate any employee who is hired after the date of the election and who is unable to work the alternative 
workweek schedule established by the election.	
 	
(8) 	 Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect	 	
prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election	 	
are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the	 	
requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative 
workweek schedule of not more than ten (10) hours  a day as of July 1, 1999, that alternative workweek schedule 
was based on an individual agreement made after January 1, 1998 between the employee and employer, and the 
employee submitted, and the employer approved, a written request on or before May 30, 2000 to continue the agreement, 
the employee may continue to work that alternative workweek schedule without payment of an overtime rate of 
compensation for the hours provided in the agreement. The employee may revoke his/her voluntary authorization to

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continue such a schedule with 30 days written notice to the employer. New arrangements can only be entered into pursuant 
to the provisions of this section.	
 	
(C) 	 Election Procedures 	
Election procedures for the adoption and repeal of alternative workweek schedules require the following:	 	
(1)	 Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the 
employer. The proposed agreement must designate  a regularly scheduled alternative workweek in which the specified 
number of work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be specified. The	
 employer may propose a single work schedule that would become the standard schedule for workers 
in the work unit, or a menu of
 work schedule options, from which each employee in the unit would be entitled to choose. If the 
employer proposes  a menu of work schedule options, the employee may, with the approval of the employer, move from one 
menu option to another. 	
(2) 	In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before 
the 	
performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be 
held 
during	 regular	 working	 hours	 at the	 employees’	 work	 site.	 For	 purposes	 of this	 subsection,	 “a	ffected	 employees	 in the	 work	 	
uni	t” may include all  employees  in  a readily identifiable  work unit,  such  as  a  division,  a department,  a  job  classification,  a  shift, 
a  separate 	
physical	 location,	 or a recognized	 subdivision	 of any	 such	 work	 unit.	 A work	 unit	 may	 consist	 of an	 individual	 employee	 	
as long	 as 	Prior  to the  secret  ballot  vote,  any  employer who  proposed  to  institute  an alternative  workweek schedule shall  have 
made  a  disclosure in  wri ting  to the affected  employees, including the effects of  the proposed arrangement  on  the  employees’ 
wages, 	
hours,	 and	 benefits.	 Such	 a disclosure	 shall	 include	 meeting(s),	 duly	 noticed,	 held	 at least	 14	 days	 prior	 to voting,	 for	 the	 	
specific 	purpose  of discussing  the  effects  of  the  alternative  workweek  schedule.  An  employer  shall  provide  that  disclosure  in  
a  non-English 	
language,	 as well	 as in English,	 if at least	 five	 (5)	 percent	 of the	 affected	 employees	 primarily	 speak	 that	 non-English	 	
language.	 The 	employer  shall  mail  the  written  disclosure  to  employees  who  do  not  attend  the  meeting. Failure  to  comply  with  
this  paragraph  shall 	
make	 the	 election	 null	 and	 void.	 	
(3) 	Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the 
affected employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an	
 affected employee, and after an investigation by the labor commissioner, the labor commissioner may require the employer 
to select a neutral third party to conduct the election.	
 	
(4) 	Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected	 	
employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds	 	
(2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the 
alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the	
 	
election shall be held not less than 12 months after the date that the same group of employees voted in an election held to 
adopt or repeal an alternative workweek schedule. The election shall take place during regular working hours at the employees’ 
work site.	
 If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of 
undue hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance.	
 	
(5)	 Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section. The	 	
results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research and	 	
Legislation within 30 days after the results are final, and the report of election results shall be  a public document. The report	 	
shall include the final tally of the vote, the size of the unit, and the nature of the business of the employer.	 	
(6)	 Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule	 may 
not be required to work those new work hours for at least 30 days after the announcement of the final results of the election.	
 	
(7) 	Employers shall not intimidate or coerce employees to vote either in support of or in opposition to  a proposed	 	
alternative workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative	 	
workweek election or for opposing or supporting its adoption or repeal. However, nothing in this paragraph shall prohibit an	 	
employer from expressing his/her position concerning that alternative workweek to the affected employees. A violation of this	 	
paragraph shall be subject to Labor Code Section 98 et seq.	 	
(D) 	One and one-half ( 1	1/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except	 	
minors 16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an	 	
adult are subject to subsection (A) or (B) and (C) above. 	
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal 
penalties. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the  employment of	
 minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers 
should ask school districts about any required work permits.) 	
(E) 	 An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during 
such workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6).	
 	
(F) 	 If during any workday an employer declares a work recess of one-half (1/2) hour or more, other than a meal period, 
and the employer notifies the employees of the time to report back for work and permits them to leave the premises, such 
recess need not be treated as hours worked provided that there shall not be more than two (2) such recess periods within one  shift and the total duration does not exceed two(2) hours.	
 Work	 stoppages of less than one-half(1/2) hour may not  be 
deducted from hours worked.	
 	
(G) 	 If  a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be	 	
available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to	 	
consume such food or drink. 	
(H)	  The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to	 	
prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7)

—	6 	 
or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of 
one (1) day’s rest in seven (7). 	
(I) 	 Except as provided in 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.	 	
(J) 	 Notwithstanding subsection (I) above, where the employer and a labor organization representing employees of the 
employer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the 
requirement regarding the equivalent of one (1) day’s rest in seven (7) (see subsection (H) above) shall apply, unless the 
agreement expressly provides otherwise.	
 	
(K) 	 The provisions of this section are not applicable to employees whose hours of service are regulated by: 
(1) 	The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13, of 	 	Hours. 	
(2)	 Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating 
hours of drivers. 	
(L)	  If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal 
obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time 
was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements,  except
 for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee knows 
in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of 
weeks, the	
 employee may request to make up work time for up to four (4) weeks in advance; provided, however, that the 
makeup work must be performed in the same week that the work time was lost. An employee shall provide a signed written request  for each occasion that	
 the employee makes  a request to make up work time pursuant to this subsection. While an employer 
may inform an employee of this makeup time option, the employer is prohibited from encouraging or other wise 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) 	Thirteen dollars  ($13.00) per hour for all hours worked, effective January 1, 2020; 	
(b)	 Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021; and 	
(c) 	Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022. 	
(2) 	Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: 
(a) 	Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020; 	
(b) 	Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021; 	
(c) 	Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022; 	
(d)	 Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2023.  	
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are	 treated 
as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations
 in which 
they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the 
nearest nickel. 	
(B) 	Every employer shall pay to each employee, on the established payday for the period involved, not less than the	 	
appli