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, 2023 , 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.  11/2022 ) 
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 	
T his  order  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:	 	
(A)  	 Provisions  of Sections   3 through  12 of this  order  shall  not  apply  to  persons  employed  in administrative,  executive, or	 	
professional  capacities.  The  following  requirements  shall  apply  in  determining  whether an  employee’s  duties  meet  the  test  to  qualify	 	
for  an  exemption  from those  sections:  	
(1) 	 Executive  Exemption. A  person employed  in an  executive  capacity  means  any  employee: 
(a)  	 Whose duties and responsibilities involve the management of the enterprise in which he/she is employed 
or of  a customarily  recognized  department  or  subdivision  thereof; and	
 	
(b)  	 Who  customarily  and  regularly  directs  the  work  of  two  or  more  other employees  therein;  and	 	
(c) 	  Who  has  the  authority  to  hire  or fire  other  employees  or  whose  suggestions  and  recommendations  as  to  the 
hiring  or firing  and  as to  the  advancement  and  promotion  or  any  other  change  of status  of  other  employees  will  be given  
particular  weight;  and	
 	
(d)  	 Who  customarily  and  regularly  exercises  discretion  and  independent  judgment;  and	 	
(e)  	 Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt  
work  and  non- exempt  work  shall  be  construed  in the  same  manner  as  such  items  are  construed  in the  following  regulations  
under  the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.102,  541.104- 111, and  
541.115- 116. Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and  closely  related  to  exempt  work  and  work  
which  is properly  viewed  as  a means  for  carrying  out  exempt  functions.  The  work  actually  performed  by the  employee  during 
the  course  of  the  workweek  must,  first and foremost,  be  examined  and the amount  of  time  the  employee  spends on  such  
work,  together  with  the  employer’s  realistic  expectations  and  the  realistic  requirements  of  the  job,  shall  be  considered  in  
determining  whether  the  employee  satisfies  this requirement.	
 	
(f)  Such  an employee  must also  earn a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage  
for full -time  employment.  Full -time  employment  is  defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(2) 	 Administrative  Exemption. A person employed  in an  administrative  capacity means  any  employee:  
(a) 	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  
work  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  WEL FARE  CO MMISSI ON 
O RDER  N O.  8-2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE

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(B) 	Suitable resting facilities shall be provided in an  area separate from the toilet rooms and shall be available to 
employees  during work  hours.	
 	
14.  SEATS  	
(A) 	All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use  of	 	
seats. 	
(B) 	When  employees  are  not  engaged  in the  active  duties  of  their  employment  and  the nature  of the  work  requires  standing,  an	 	
adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted  to	 	
use such  seats  when  it does  not  interfere  with the  performance  of their  duties.  
15. TEMPERATURE  	
(A) 	The  temperature  maintained  in each  work area  shall provide  reasonable  comfort consistent  with  industry -wide  standards  for	 	
the nature of the process and the  work 	performed.	 	
(B) 	If excessive  heat  or  humidity  is  created  by the  work  process,  the  employer  shall  take  all  feasible  means  to	 	
reduce  such  excessive  heat  or  humidity  to  a  degree  providing  reasonable  comfort. Where  the nature  of  the  employment	 	
requires  a  temperature  of less  than  60° F.,  a  heated  room shall  be  provided  to which  employees  may  retire  for  warmth,  and	 	
such room shall be maintained at not less than  68°.	 	
(C) 	A temperature  of not  less  than  68°  shall  be  maintained  in  the  toilet  rooms,  resting  rooms,  and  change  rooms  during	 	
hours of  use.	 	
(D)  	Federal  and  State  energy  guidelines  shall  prevail  over  any  conflicting  provision of  this  section.  	
16. ELEVATORS  	
Adequate elevator, escalator or similar service consistent with industry -wide standards for the nature of the process and 
the  work  performed  shall be  provided  when  employees  are  employed  four floors  or  more  above  or below  ground  level.	
 	
17.  EXEMPTIONS  	
If, in  the  opinion  of  the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision  contained  in Section  7,	 	
Records;  Section  12,  Rest  Periods;  Section  13, Change  Rooms and  Resting  Facilities;  Section  14, Seats;  Section  15,  Temperature;	 	
or  Section  16, Elevators,  would not  materially  affect  the  welfare  or comfort  of  employees  and  would  work an  undue  hardship  on the	 	
employer,  exemption  may be  made  at the  discretion  of the  Division.  Such  exemptions  shall  be  in writing  to be  effective  and 
may  be  revoked after reasonable notice is given in writing. Application for exemption shall be made by the  employer  or  by  the	
 	
employee and/or the  employee’s  representative to the Division in writing. A copy of the application shall be posted at the place  of	 	
employment at the time the application is filed with the Division.  
18. FILING  REPORTS  	
(See California  Labor Code,  Section  1174(a))  	
19. INSPECTION  	
(See California  Labor Code,  Section  1174) 	
20. PENALTIES  	
(See California  Labor Code,  Section  1199) 
(A) 	 In  addition  to any  other  civil  penalties  provided  by law,  any  employer  or  any  other  person  acting on  behalf  of  the 
employer  who violates,  or  causes  to  be  violated,  the  provisions  of  this  order,  shall  be  subject  to  the  civil  penalty  of:	
 	
(1)  	 Initial Violation —  $50.00 for each underpaid employee for each pay  period during which the employee was underpaid  	
in addition  to  the  amount  which  is  sufficient  to recover  unpaid  wages.	 	
(2)  	 Subsequent  Violations  —  $100.00  for each underpaid  employee  for each pay  period  during which the employee  was 
underpaid  in addition  to an  amount  which  is  sufficient  to  recover  unpaid  wages. 	
(3) 	 The  affected  employee  shall  receive  payment  of  all  wages  recovered.  	
(B) The  labor  commissioner  may  also  issue  citations  pursuant  to  California  Labor  Code  Section  1197.1  for non- payment  of  
wages  for  overtime  work in  violation  of  this  order.	
 	
21.  	SEPARABILITY	 	
If  the  application  of  any  provision  of  this  order,  or  any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  
word,  or portion  of this  order  should  be held  invalid  or  unconstitutional  or  unauthorized  or prohibited  by statute,  the 
remaining  provisions thereof  shall  not  be  affected  thereby, but  shall  continue  to  be  given  full force  and effect  as  if  the  
part  so  held  invalid  or	
 unconstitutional had not been included   herein.  	
22. POSTING OF  ORDER 	
Every  employer  shall  keep  a  copy  of  this  order  posted  in an  area  frequented  by  employees  where  it may  be  easily  read  during	 	
the  workday.  Where the location of work or other conditions make this impractical, every employer shall keep a copy of this  order	 	
and  make  it available  to every  employee  upon request.

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QUESTIONS ABOUT ENFORCEMENT of the Industrial	 	
Welfare 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: Bakersfield, El Centro, Fresno, Long Beach, Los  Angeles,	 	
Oakland, Redding, Sacramento, Salinas, San Bernardino,  San	 	
Diego,  San Francisco,  San  Jose,  Santa  Ana, Santa  Barbara,  Santa	 	
Rosa, Stockton, Van  Nuys. 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

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For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html	 or  contact the State of California at the following department offices: 	 	California  Labor  Commissioner's  Office,  also known  as,  Division  of  Labor  Standards  Enforcement  (DLSE)  	
 	
BAKERSFIELD  Labor	 Commissioner's	 Office/DLSE	 	REDDING Labor	 Commissioner's	 Office/DLSE	 	SAN JOSE  Labor 	Commissioner's	 Office/DLSE	 	7718 Meany	 Ave.	 	Bakersfield, CA   93308 
661 -587 -3060  	250 Hemsted Drive, 2nd Floor, Suite	 A 	Redding, CA   96002 530-225 -2655  	
100 Paseo De San Antonio, Room	 120	 	San Jose, CA   95113 408-277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA  92243  
760 -353 -0607  	 	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	 	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
  2 MacArthur Place Suite 800  
Santa Ana, CA   9270 7 
714 -558 -4910  	
 FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw Ave., Suite 222	 	
 	SALINAS 
Labor  Commissioner's  Office/DLSE  
950	 E. Blanco	 Rd.,	 Suite	 204	 	
 	SANTA BARBARA  
Labor Commissioner's  Office/DLSE  
411 E. Canon 	Perdido, 	Room	 3 	Fresno, CA 	 93710	 	Salinas, CA	 93901	 	Santa Barbara, CA 	 93101	 	559	-244	-5340	 	831	-443	-3041	 	805	-568	-1222	 	
LONG	 BEACH	 	SAN	 BERNARDINO	 	 	
Labor	 Commissioner's	 Office/DLSE	 	300 Oceangate, 3	rd Floor	 	Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor Commissioner's	 Office/DLSE	 	Long Beach, CA 	 90802	 	San Bernardino, CA 	 92401	 	50 ?D? Street, Suite	 360	 	562	-590	-5048	 	909	-383	-4334	 	Santa Rosa, CA 	 95404	 	
 	 	707	-576	-2362	 	
LOS	 ANGELES	 	SAN	 DIEGO	 	 	Labor	 Commissioner's	 Office/DLSE	 	Labor	 Commissioner's	 Office/DLSE	 	STOCKTON	 	320	 W. Fourth	 St.,	 Suite	 450	 	7575 Metropolitan	 Dr., Room	 210	 	Labor Commissioner's	 Office/DLSE	 	Los Angeles,  CA	 90013	 	San Diego, CA 	 92108	 	31 E. Channel 	Street, Room	 317	 	213	-620	-6330	 	619	-220	-5451	 	Stockton, CA	 95202	 	
 	 	209	-948	-7771	 	
OAKLAND	 	SAN	 FRANCISCO	 	 	Labor	 Commissioner's	 Office/DLSE	 	1515	 Clay	 Street,	 Room	 801	 	Labor	 Commissioner's	 Office/DLSE	 	455 Golden Gate Ave. 10	th  Floor	 	VAN	 NUYS	 	Labor	 Commissioner's	 Office/DLSE	 	Oakland,  CA	 94612	 	San Francisco, CA 	 94102	 	6150 Van 	Nuys 	Boulevard, Room	 206	 	510	-622	-3273	 	415	-703	-5300	 	Van Nuys, CA 	 91401	 	
 	 	818	-901	-5315	 	
OAKLAND	 – HEADQUARTERS	 	 	 	 	 	 	 	 	 	Labor	 Commissioner's	 Office/DLSE	 	 	 	1515	 Clay	 Street,	 Room	 1302	 	 	 	Oakland, CA	 94612	 	 	 	510	-285	-2118	 	 	 	[email protected]	 	 	 	
 
 
 
 
 
 
 
 
 
 
 
EMPLOYERS: Do not send copies of your  alternative workweek	
 	election ballots or election  procedures.  
Only the results of the alternative workweek  election	
 	shall be mailed to: 
 	
 	Department of Industrial  Relations  
Office of Policy, Research and  Legislation 
P.O.  Box 420603  
San Francisco, CA  94142- 0603	
 	(415) 703- 4780    	
Prevailing 
Wage Hotline  (415) 703 -4774