California Industrial Welfare Commission (IWC) Wage Order #9 Transportation Industry Poster

OFFICIAL  NOTICE 	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 9-2001 
REGULATING 
WAGES,  HOURS AND WORKING CONDITIONS IN THE 	
TRANSPORTATION INDUSTRY 	
Effective July 1, 2002 as  amended 
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
R	

elations, 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 1109 (Rev.  11/2020) 	
OSP 06 98767

INDUSTRIA L WELFARE  CO MMISSIO N 
O RDER  N O. 9-2001 
REGULATING 
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN THE 	
T	R	A	NS	P	O	R	TA	TION 	IND	U	S	T	R	Y 	
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 W elfare 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	
This order  shall  apply  to all  persons  employed  in the  transportation  industry  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  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 
adm	

inistrative 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 
t

raining, experience,  or knowledge;  or 
(e)  Who executes under only general supervision special assignments and  tasks; and 
(f)  Who  is primarily  engaged  in duties  that meet the  test of the exemption. The  activities constituting exempt work 
and 

non- 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, 	
—	1

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. 
(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 
fol	

lowing requirements: 
(a) Who  is licensed  or certified by the  State  of California  and is primarily  engaged in the  practice  of  one of the 
fol	

lowing recognized professions:  law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or 
(b)  Who is pr imari ly enga ged in an  occupation co mmonly recognized  as a learn ed or artistic professio n. For the 
pu

rpos es of th is subsection , 	
“learned or  artist ic profe ssio	n” 	mea ns  an em ployee who is pr imarily  engaged in the performance 
of: 	
(i) 	Work requiring knowledge  of an advanced type  in a field  or science or learning customarily acquired  by a 
prolonged  course  of specialized intellectual  instruction and study,  as distinguished  from a general academic education and 
from  an apprentice- ship, 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) 	Whose  work  is predominantly  intellectual  and  varied  in character  (as  opposed  to routine  mental, 
manual,  mechanical, 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 
fo	

rth  in subparagraphs (a) and  (b). 
(d)  Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for  full-time 
empl

oyment.  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 
pharm

acy,  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,  if all  of the following apply: 
(i) 	The employee  is primarily  engaged  in work that  is intellectual  or  creative and that  requires  the  exercise 
of  discretion and independent judgment. 	
(ii) 	The employee  is primarily engaged in duties that  consist of one or more  of the following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine hardware, software, or system functional specifications. 
—The design, development, documentation, analysis, creation, testing, or modification of computer 
systems 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 ofpayisnot less than forty-one dollars ($41.00). TheOffice  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 	
—	2

Workers.	1 	
(i) 	The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: 
(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 Wide Web 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, and with regard to commercial drivers, Sections  11 and 12, 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. The application of Sections 11 and 12 for commercial drivers employed by  governmental entities shall become effective July 1, 2004 or following the expiration date  of any valid collective bargaining 
agreement  applicable to such commercial drivers then in effect but, in any event,  no later than  August 1, 2005. 
Notwithstanding  Section  21, the application of Sections  11 or 12 to public  transit  bus drivers shall  be  null  and  void in the 
event the IWC or any court of competent jurisdiction invalidates the collective bargaining exemption established by Sections 
11 or 12 for those drivers. 	
(C) 	The provisions of this order shall not apply to outside salespersons. 	
(D) 	The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child 
of the employer. 	
(E) 	Except as  provided in Sections 4,  10, 11,  12,  and  20  through  22, this order shall not be  deemed to cover  those 
employees  who  have  entered into a collective bargaining  agreement  under  and in accordance with the  provisions of the  Railway Labor Act, 45 U.S.C. Sections 151 et seq. 	
(F) 	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 §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) 	“Commission” means the Industrial Welfare Commission of the State of California. 	
(C) 	“Commercial driver” means an employee who operates a vehicle described in subdivision (b) of Section 15210 of the 
Vehicle Code. 	
(D) 	“Divisio	n” means the Division of Labor Standards Enforcement of the State of California. 	
(E) 	“Emplo	y” means to engage, suffer, or permit to work. 	
(F) 	“Employee” means any person employed by an employer. 	
(G) 	“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. 	
(H) 	“Hours worked” 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. 	
(I) 	“Minor” means, for the purpose of this order, any person under the age of 18 years. 	
(J) 	“Outside  salesperso	n” 	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) 	“Public Transit Bus Driver” means a commercial driver who operates a transit bus and is employed by a governmental 
en	
tity. 
(M) 	“Shift” means designated hours of work by an employee, with a designated beginning time and quitting time. 	
(N) 	“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. 	
(O) 	“Teachin	g” 	means, for the purpose of Section 1 of this  order, the profession of teaching under a certificate from the 	
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 
https://www.dir.ca.gov/iwc/ComputerSoftwareEmployees.html 	or by mail from the Department of Industrial Relations. 
—	3

Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(P) 	“Transpor tation  Industr	y” 	means any  industry,  business, or establishment operated  for the  purpose  of  conveying 
persons or property  from  one place  to another  whether  by rail, highway,  air, or water,  and  all operations and  services  in 
connection  therewith; and also includes storing or warehousing  of goods  or property, and  the repairing, parking, rental, 
maintenance, or cleaning of vehicles. 	
(Q) 	“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. 	
(R) 	“Workda	y” and “da	y” mean any consecutive 24-hour period beginning at the same time each calendar day. 	
(S) 	“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 (1 	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 provided the employee is compensated for such overtime at not less 
than: 	
(a) 	One and one-half (	11/2) 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 (7th) 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 (7th) 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 
perfor med 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 (	
11/2) 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 (	
11/2) 
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) 	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 (	
11/2) 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. 	
(3) 	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. 	
(4) 	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. 	
(5) 	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. 	
(6) 	An  employer shall  be permitted, but not required, to provide a work schedule  not to exceed eight (8)  hours in a 
workday 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 theelection. 	
(7) 	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 	
—	4

OFFICIAL  NOTICE 	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 9-2001 
REGULATING 
WAGES,  HOURS AND WORKING CONDITIONS IN THE 	
TRANSPORTATION INDUSTRY 	
Effective July 1, 2002 as  amended 
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
R	

elations, 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 1109 (Rev.  11/2020) 	
OSP 06 98767

INDUSTRIA L WELFARE  CO MMISSIO N 
O RDER  N O. 9-2001 
REGULATING 
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN THE 	
T	R	A	NS	P	O	R	TA	TION 	IND	U	S	T	R	Y 	
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 W elfare 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	
This order  shall  apply  to all  persons  employed  in the  transportation  industry  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  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 
adm	

inistrative 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 
t

raining, experience,  or knowledge;  or 
(e)  Who executes under only general supervision special assignments and  tasks; and 
(f)  Who  is primarily  engaged  in duties  that meet the  test of the exemption. The  activities constituting exempt work 
and 

non- 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, 	
—	1

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. 
(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 
fol	

lowing requirements: 
(a) Who  is licensed  or certified by the  State  of California  and is primarily  engaged in the  practice  of  one of the 
fol	

lowing recognized professions:  law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or 
(b)  Who is pr imari ly enga ged in an  occupation co mmonly recognized  as a learn ed or artistic professio n. For the 
pu

rpos es of th is subsection , 	
“learned or  artist ic profe ssio	n” 	mea ns  an em ployee who is pr imarily  engaged in the performance 
of: 	
(i) 	Work requiring knowledge  of an advanced type  in a field  or science or learning customarily acquired  by a 
prolonged  course  of specialized intellectual  instruction and study,  as distinguished  from a general academic education and 
from  an apprentice- ship, 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) 	Whose  work  is predominantly  intellectual  and  varied  in character  (as  opposed  to routine  mental, 
manual,  mechanical, 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 
fo	

rth  in subparagraphs (a) and  (b). 
(d)  Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for  full-time 
empl

oyment.  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 
pharm

acy,  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,  if all  of the following apply: 
(i) 	The employee  is primarily  engaged  in work that  is intellectual  or  creative and that  requires  the  exercise 
of  discretion and independent judgment. 	
(ii) 	The employee  is primarily engaged in duties that  consist of one or more  of the following: 
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine hardware, software, or system functional specifications. 
—The design, development, documentation, analysis, creation, testing, or modification of computer 
systems 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 ofpayisnot less than forty-one dollars ($41.00). TheOffice  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 	
—	2

Workers.	1 	
(i) 	The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: 
(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 Wide Web 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, and with regard to commercial drivers, Sections  11 and 12, 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. The application of Sections 11 and 12 for commercial drivers employed by  governmental entities shall become effective July 1, 2004 or following the expiration date  of any valid collective bargaining 
agreement  applicable to such commercial drivers then in effect but, in any event,  no later than  August 1, 2005. 
Notwithstanding  Section  21, the application of Sections  11 or 12 to public  transit  bus drivers shall  be  null  and  void in the 
event the IWC or any court of competent jurisdiction invalidates the collective bargaining exemption established by Sections 
11 or 12 for those drivers. 	
(C) 	The provisions of this order shall not apply to outside salespersons. 	
(D) 	The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child 
of the employer. 	
(E) 	Except as  provided in Sections 4,  10, 11,  12,  and  20  through  22, this order shall not be  deemed to cover  those 
employees  who  have  entered into a collective bargaining  agreement  under  and in accordance with the  provisions of the  Railway Labor Act, 45 U.S.C. Sections 151 et seq. 	
(F) 	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 §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) 	“Commission” means the Industrial Welfare Commission of the State of California. 	
(C) 	“Commercial driver” means an employee who operates a vehicle described in subdivision (b) of Section 15210 of the 
Vehicle Code. 	
(D) 	“Divisio	n” means the Division of Labor Standards Enforcement of the State of California. 	
(E) 	“Emplo	y” means to engage, suffer, or permit to work. 	
(F) 	“Employee” means any person employed by an employer. 	
(G) 	“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. 	
(H) 	“Hours worked” 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. 	
(I) 	“Minor” means, for the purpose of this order, any person under the age of 18 years. 	
(J) 	“Outside  salesperso	n” 	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) 	“Public Transit Bus Driver” means a commercial driver who operates a transit bus and is employed by a governmental 
en	
tity. 
(M) 	“Shift” means designated hours of work by an employee, with a designated beginning time and quitting time. 	
(N) 	“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. 	
(O) 	“Teachin	g” 	means, for the purpose of Section 1 of this  order, the profession of teaching under a certificate from the 	
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 
https://www.dir.ca.gov/iwc/ComputerSoftwareEmployees.html 	or by mail from the Department of Industrial Relations. 
—	3

Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(P) 	“Transpor tation  Industr	y” 	means any  industry,  business, or establishment operated  for the  purpose  of  conveying 
persons or property  from  one place  to another  whether  by rail, highway,  air, or water,  and  all operations and  services  in 
connection  therewith; and also includes storing or warehousing  of goods  or property, and  the repairing, parking, rental, 
maintenance, or cleaning of vehicles. 	
(Q) 	“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. 	
(R) 	“Workda	y” and “da	y” mean any consecutive 24-hour period beginning at the same time each calendar day. 	
(S) 	“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 (1 	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 provided the employee is compensated for such overtime at not less 
than: 	
(a) 	One and one-half (	11/2) 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 (7th) 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 (7th) 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 
perfor med 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 (	
11/2) 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 (	
11/2) 
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) 	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 (	
11/2) 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. 	
(3) 	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. 	
(4) 	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. 	
(5) 	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. 	
(6) 	An  employer shall  be permitted, but not required, to provide a work schedule  not to exceed eight (8)  hours in a 
workday 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 theelection. 	
(7) 	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 	
—	4

provided  in the  agreement. The  employee may  revoke his/her voluntary  authorization  to 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: 	
(8) 	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 andworkhours are regularly recurring. The actualdays worked withinthatalternative 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. 	
(9) 	In order to be valid, t he proposed a lternative wo rkweek sc hedule must be  adopted in a secret ballot elec tion,  before 
th e  performance of wo rk, by  at least a t wo-thir ds (2/3)  vote of the affect ed employ ees in t he work un it. The election s hall be 
held durin g regular  working  hours at  the employees’  work s ite. For purpos es of this subsectio n, affected employees in the  work 
unit	
‖ may includ e all  employe es in  a  readily  iden tif iable  work  un it,  such  as a  division,  a  department,  a  job  class ifica tion,  a 
sh ift,  a  s epara te  physic al loca tion,  or a recog nized s ubdivision of any such  work un it. A  work unit may consist of an individual 
employee as l ong as the  criter ia  for  an ident ifiable  work unit in this subsection are met. 	
(10) 	Prior  to the secret ballot  vote, any employer who proposed  to institute  an alternative workweek schedule shall have 
made  a disclosure  in writing 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. 	
(11) 	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. 	
(12) 	Any  type  of  alternative  workweek  schedule  that  is authorized  by the  California  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. 	
(13) 	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. 	
(14) 	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. 	
(15) 	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  section  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 California Labor Code Section 98  et seq. 	
(D) 	One and one- half (	11/2) 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  by 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 
penal -ties. 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 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. 	
(G) 	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 	
—	5

seven (7)  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). 	
(H) 	Except as provided in subsections (E) and (G), this section shall not apply to any employee covered by a valid collective 
bar-gaining  agreement if the  agreement  expressly  provides  for  the  wages,  hours of work, and  working  conditions  of  the  employees, and if the agreement provides premium 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. 	
(I) 	Notwithstanding  subsection (H) 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 (G) above) shall apply, unless the 
agreement expressly provides otherwise. 	
(J)	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 otherwise soliciting an employee to request the employer’s approval to take personal time off and make up the  work hours within the same workweek pursuant to this subsection. 	
(K) 	The daily overtime provision of subsection (A) above shall not apply to ambulance drivers and attendants scheduled 
for 24-hour shifts of duty who have agreed in writing to exclude from daily time worked not more than three (3) meal periods 
of not more than one (1) hour each and a regularly scheduled uninterrupted sleeping period of not more than eight (8) hours. 
The employer shall provide adequate dormitory and kitchen facilities for employees on such a schedule. 	
(L) 	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, 
Hours of Service of Drivers,or; 	
(2) 	Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and the following sections, regulating 
hours of drivers. 	
(M) 	The provisions of this section shall not apply to taxicab drivers. 	
(N) 	The  provisions  of this section shall  not  apply  where  any  employee of an airline  certified by the  federal  or state 
government works over 40  hours  but  not  more  than  60  hours in a workweek  due to a temporary  modification in the  employee’s  normal  work  schedule not required by the employer but arranged at the request of the employee, including but 
not limited to situations where the employee requests a change in days off or trades days off with another employee. 	
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; and 	
(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 theyhave no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the near est nickel. 	
(B) 	Every  employer  shall  pay to each  employee,  on  the  established  payday  for  the  period involved,  not less  than  the 
applicable minimum wage  for all hours  worked in the  payroll period, whether  the remuneration is measured by time, piece,  commission,  or otherwise. 	
(C) 	When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum 
wage for that workday, except when the employee resides at the place of employment. 	
(D) 	The  provisions  of this section shall not apply to apprentices  regularly  indentured  under  the State Division of 
Apprenticeship Standards. 	
5. 	REPORTING TIME PAY 
(A) 	Each workday an employee is 	required to report for work and does report, but is not put to work or is furnished less 
than  half said employee’s usual or scheduled day’s work, the  employee shall be paid for  half the usual or scheduled day’s  work, 	
but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall 
not be less than the minimum 	
wage. 	
(B) 	If an employee is required to report for work a second time in any  one  workday  and is furnished less than two (2) 
hours of wor k on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, 	
—	6

which shall not be less than the minimumwage. 	
(C) 	The foregoing reporting time pay provisions are not applicable when: 
(1) 	Operations cannot commence or continue due to threats to employees or property; or when recommended by civil 
author ities; or 	
(2) 	Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or 	
(3) 	The interruption of work is caused by an Act of God or other cause not within the employer’s control. 	
(D) 	This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time 
ot her than the employee’s scheduled reporting time. 	
6. 	LICENSES FOR DISABLED WORKERS 
(A) 	A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by 
physical disability or  mental  deficiency at less than  the minimum wage.  Such  licenses  shall  be  granted  only  upon joint 
application of employer and employee and employee’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 minimum rates to enable the employment of such persons without requiring individual licenses of such employees. 	
(C) 	All such licenses  and  special  licenses shall be  renewed  on a yearly  basis  or  more  frequently at the  discretion 
of the Division. (See California Labor Code, Sections 1191 and 1191.5) 	
7. 	RECORDS 
(A) 	Every employer shall keep accurate information with respect to each employee including the following: 
(1) 	Full name, home address, occupation and social security number. 	
(2) 	Birth date, if under 18 years, and designation as a minor. 	
(3) 	Time records showing when the employee begins and en