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

OFFICIAL N
OTICE 
INDUSTRIA L WELFARE COMMISSION 
ORDER NO . 9-2001 
REGUL ATING 
W AGES , HOUR S AND WORKING CONDITI ONS IN THE 
TRANSPO
R TA TION INDUST RY 
Ef fec tive Jul y 1, 2002 a s amended 
Sections 4(A) and 10(C)  amended 	
and republished by the Department of Industrial 
Relations, effective January 1, 2019, pursuant to  SB 3, Chapter 4, Statutes of 2016 and 
section 1182.13 of the Labor Code
This  Order Must Be Poste d Where 	
Employee s Can Rea d It Easily IWC FORM 1109 (Rev. 11/2018)
OSP 06 98767

— 1  •
 Please Post With This Side Showing 	• 
OFFICIAL  NOTICE  	
Effective July 1, 2002  as amended	 
 Sections 
4(A) and 10(C)  amended  and republished  by the  Department  of Industrial 
Relations, effective January 1, 201 9 pursuant  to SB 3,  Chapter 4,  Statutes of 2016 and
section 1182.13 of the Labor Code

INDUSTRIA L WELFARE COMMISSION 
ORD ER NO . 9-2001 
REGUL ATING 
WAG ES, HOUR S AND 	
WORKIN G CONDITION S IN THE 
TRANSPOR TATIO N 	
INDUST RY 

T AKE  	
 NOTICE:
 
To employers  and representativ es of  persons working  in industries  and occupations  in the State  of California:
  

The Department  of Industrial Relations amends and republishes the minimu m 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 t o the IWC’s Orders.
 1.
APPLICABILITY  OF  ORDER	
This order shall apply  to all persons employ ed in  the transpor tation industry whether paid  on a time, piece r ate, commission,  or
other basis, except that:	
 
(A)	
Pr ovisions  of  Sections  3  through  12 of  this  order  shall  not  apply  to  persons  employ ed in   administrative,  executive,  or
professional capacities. The following requirements shall apply  in determining whether  an employ ee’s duties meet the test  to qualify 
f or  an
 ex emption from those sections:	  (1)	
Executive Exemption.  A person employ
ed in an  executive capacity means any employ ee:(a)	
Whose duties 
and responsibilities inv olve  the  management  of  the  enterprise  in  which  he/she  is  employ ed or of   a
customarily recogniz ed depar tment 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  fi ring and  as to  the  advancement and promotion  or any other change  of status  of other employees will  be gi ven  particular weight;	
 	
and	 
(d)	
Who customarily and regular ly ex ercises discretion  and independent judgment;  and	
(e)	Who is   primarily engaged  in  duties  which  meet  the test  of the  exemption. The activities constituting  exempt  work
and non- exempt work shall  be constr ued in  the same manner  as such items are constr ued in  the following regulations under the Fair	
 	
Labor Standards Act  effective  as of  the date  of this order:  29 C.F.R. Sections 541.102, 541.104- 111, and  541.115-116. Exempt work	 	
shall include, f or example, all work that  is directly and closely related  to ex empt work  and work which  is proper ly vi ew ed as  a means	 	
for  carrying out  exempt functions. The work actually performed by the employ ee during the course  of the workweek must, first and	 	
foremost,  be examined  and the amount  of time the employ ee spends  on such wor k, together with the employ er’s realistic expectations	 	
and the realistic requirements  of the  job, shall  be considered  in determining whether the employ ee satisfies this requirement.	 
(f)	
Such  an employ ee must also  earn a monthly salary equivalent  to no  less than two (2) times the state minim um wage
f or  full-time employment. Full-time employment  is defined  in Labor Code Section 515(c)  as 40 hours per week.	
  (2)	
Administrative Exemption. A person employ
ed in  an administrative capacity means any employ ee:(a)	
Whose duties and responsibilities inv
olve either:
(i) The performance  of office  or non -ma nual work directly related  to management policies  or gener al business
operations  of his employ er or  his/her employ er’s customers;  or	
 
(ii) 	
The performance  of functions  in the administration  of a school system,  or educational establishment  or institution,
or  of  a  depa r tment  or subdivision thereof,  in work directly related  to the academic instruction  or training carried  on therein; and	
 
(b)	
Who  customarily and regular ly ex ercises discretion  and independent judgment;  and	
(c)	Who regular ly and directly assists a proprietor,  or an employ ee employ ed in  a  bona  fide executive  or administrative
capacity (as such  terms  are defined f or pu rposes  of this section);  or	
 
(d)	
Who  perfor ms under only gener al supervision work along specializ ed or technical lines requiring special training,
experience,  or kn owledge;  or	
 
(e)	
Who  ex ecutes under only  general  supervision special assignments  and tasks; and	
(f)	Who is  primar ily engaged  in duties that meet the test  of the  exemption. The activities constituting  exempt work and
non- exempt work shall  be constr ued in  the same manner  as such  terms  are 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 ex empt work  and work which is proper ly vi ew ed as a	 	
means f or carrying out  exempt functions. The work actually performed by the employ ee du ring the course  of the workweek must, first	 	
and foremost,  be examined  and the amount  of time the employ ee spends on such wor k, together with the employ er’s realistic expecta-	 	
tions  and the realistic requirements  of the  job, shall  be considered  in determining whether the employ ee satisfies this requirement.	 
(g)	
Such employ ee must also  earn a monthly salary equivalent  to no  less than two (2) times the state minim um wage  for
full-time employment. Full-time employment  is defined  in Labor Code Section 515(c)  as 40 hours per week.

— 2  (3)Professional Exemption. A person employ
ed in a professional capacity means any employ ee who meets  all of the	
following requirements:	  (a)	
Who
 is  licensed  or ce rtified by the State  of California  and is  primarily engaged  in the practice  of one  of  the following
recogniz ed professions: law, medicine, dentistry, optometry, architecture, engineering, teaching,  or accounting;  or	
 
(b) 	
Who  is  primarily engaged  in an  occupation commonly recogniz ed as  a learned  or ar tistic profession. F or the  purposes
of  this subsection,  ―learned  or ar tistic prof ession‖ means  an employ ee who is primarily engaged  in the performance of:	
 
(i) 	
Work requiring  knowledge  of an  ad vanced type  in a field  or science  or learning customarily acquired by a prolonged
course  of specializ ed 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  par t of or	 	
necessarily incident  to any  of the  above wor k; or	 
(ii)	
Work  that  is  original  and  creative  in  character  in  a  recogniz ed  field  of  ar tistic  endeav or  (as  opposed  to  work
which can  be produced by a person endow ed with gener al ma nual  or intellectual ability  and training),  and the result  of which depends	
 	
primarily  on the invention, imagination,  or talent  of the employ ee or  work that  is an essential  par t of or  necessar ily incident  to any  of	 	
the above wor k; and	 
(iii)
Whose  work  is  predominantly  intellectual  and  varied  in  character  (as  opposed  to  routine  mental,  manual,
mechanical,  or  physical  wor k) and  is  of   such  character  that  the  output  produced  or  the  result  accomplished  cannot  be 
standardiz ed in	
 relation  to a  given  period  of time.	 
(c)	
Who  customar ily and regular ly ex ercises discretion  and independent judgment  in the performance  of duties set for th
in  subparagr aphs (a) and (b).	
 
(d)	
Who  ear ns  a  monthly  salary  equivalent  to no   less  than  two  (2)  times  the  state  minim um  wage  f or  full-time
employment. Full-time employment  is defined  in Labor Code Section  515 (c) as 40  hours per week.	
 
(e)	
Subparagr aph (b) above  is intended  to be  constr ued in  accordance with the following  provisions  of fede ral  law  as
th ey existed  as of  the date  of this w age order:  29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, and	
 	
541.310.	 
(f)	
Notwithstanding the  provisions  of this subparagr aph, pha rmacists employ ed to  engage  in the practice  of pha rmacy,
and registered nurses employ ed to  engage  in the practice  of nursing, shall  not be  considered  exempt professional employ ees, nor shall	
 	
they  be considered  exempt from cover age for  the  purposes  of this subparagr aph unless  they individually meet the criter ia established	 	
for  ex emption  as ex ecutive  or administrative employ ees.	 
(g)	
Subparagr aph (f) above shall not apply  to the following  advanced practice nurses:
(i)	Cer tified  nurse  midwiv es  who  are  primarily  engaged  in  performing  duties  f or  which  cer tification  is  required
pursuant  to  Ar ticle 2.5 (commencing with Section 2746)  of Chapter 6  of Division 2  of the Business and Professions Code.	
 
(ii)	
Ce r tified nurse anesthetists who are primarily engaged  in performing duties f or which  cer tification  is required
pursuant  to Ar ticle 7 (commencing with Section 2825)  of Chapter 6  of Division 2  of the Business and Professions Code.	
 
(iii)	
Ce r tified nurse practitioners who are primarily engaged  in performing duties f or which  cer tification  is required
pursuant  to Ar ticle 8 (commencing with Section 2834)  of Chapter 6  of Division 2  of the Business and Professions Code.	
 
(iv)	
Nothing  in this subpara graph  shall  exempt the occupations set for th in  clauses (i), (ii),  and (iii) from meeting the
requirements  of subsection 1(A)(3)(a)-(d)  above.	
 
(h)	
Except,  as pr ovided  in subparagr aph (i), an employ ee in  the computer software field who  is paid  on an  hou rly  basis
shall  be ex empt,  if all  of the following apply:	
 
(i) 	
The  employ ee is   primarily  engaged  in  work  that  is  intellectual  or  creative  and  that  requires  the  exercise  of
discretion  and independent judgment.	
 
(ii)	
The employ ee is primarily engaged  in duties that consist  of one  or  more  of the following:
— The application  of systems analysis techniques  and procedures, including consulting with users,  to determine
hardw are, softw are,  or system functional specifications.	
 	
— The  design,  development,  documentation,  analysis,  creation,  testing,  or  modification  of  computer  systems  or	 	
program s, including prototypes, based  on and related  to user  or system design specifications.	 	
— The documentation, testing, creation,  or modification  of computer pro grams related  to the design  of software  or	 	
hardware f or computer  operating systems.	 
(iii)	
The employ ee is  highly skilled  and is  proficient  in the theoretical and practical application  of highly specializ ed
in formation  to  computer  systems  analysis,  pro gramming,  and  software  engineering.  A  job  title  shall  not be   determinative  of  the 
applicability  of this  exemption.	
 
(iv) 	
The employ ee’s hou rly  rate  of pay  is not less than for ty-one dollars ($41.00). The Office of Policy, Research a	nd	
Legislation  shall  adjust  this  pay  rate  on  October  1  of  each  y ear to  be  ef fective  on  Jan uary  1  of  the  following  year  by  an  amount 
equal	
 to  the percentage increase  in the California Consumer Price Index f or Urban W age Earners and Clerical Work ers.*	 
(i)	
The  exemption  provided  in subpara graph (h) does  not apply  to an  employ ee if any  of the following apply:
(i)	The  employ ee is   a  trainee  or  employ ee in an  ent ry-lev el  position  who  is  learning  to  become  proficient  in  the
theoretical  and  practical  application  of  highly  specializ ed in formation  to  computer  systems  analysis,  pro gramming,  and  software 
engineering.	
  (ii) 	
The employ ee is in  a computer-related occupation b ut has  not attained the lev el of  skill  and exper tise necessary
to  work independently  and without close supervision.	
 
(iii)	
The employ ee is engaged  in the  operation  of computers  or in  the  manufacture, repair,  or maintenance  of
co mputer hardware and related equipment.	
 	
* Pursuant  to  Labor  Code  section  515.5,  subdivision  (a)(4),  the  Office  of  Policy,  Research  and  Legislation,  Depar tment  of
Industrial	
 Relations,  has  adjusted  the  minim um hou rly   rate  of  pay  specified  in  this  subdivision  to be   $49.77,  effective  Janua ry 1,
2007.  This
 hou rly  rate  of pay  is adjusted  on October 1  of each year  to be  ef fective  on Janua ry 1, of  the following y ear, and may be
obtained  at
 www.dir.ca.gov/IWC  or by mail from the Depar tment  of Industrial Relations.

— 3  2  (iv)The employ
ee is  an  engineer, drafter, machinist,  or other professional whose work  is highly dependent  upon or
facilitated by the use  of computers and computer software pro grams  and who  is skilled  in computer-aided design softw are, including	
 	
CAD/CAM, b ut who  is not  in  a computer systems analysis  or pro gramming occupation.	 
(v) 	
The employ ee is a writer engaged  in writing material, including box labels, product descriptions, documentation,
promotional material, setup  and installation instructions,  and other similar written  information, either f or print  or for  on  screen media	
 	
or who writes  or pr ovides content material intended  to be  read by customers, subscribers,  or visitors  to computer-related media such	 	
as  the Wor ld Wide W eb or CD-R OMs.	 
(vi) 	
The employ ee is engaged  in any  of the activities set for th in  subpara graph  (h) f or the  purpose  of creating imagery
f or  ef fects used  in the motion picture, television,  or theatrical industry.	
 
(B)	
Except  as pr ovided  in Sections  1, 2,  4,  10,  and  20, and  with regard  to commercial driv ers, Sections  11 and  12,  the  provisions
of  this order shall  not apply  to any employees directly employ ed by the State or any political subdivision thereof, including any city,	
 	
county,  or  special  district. The  application  of  Sections  11  and  12  for  commercial  drivers  employ ed  by  governmental  entities  shall	 	
become  effective  July  1, 2004  or   following  the  expiration  date  of  any  valid  collective  bargaining  agreement  applicab le to   such 
commercial  drivers  then  in ef fect  but,  in  any  event,  no  later  than  August  1, 2005.  Notwithstanding  Section  21,  the  application  of 
Sections	
 11  or  12  to  public  transit  b us  drivers  shall  be  null  and  void  in  the  event  the  IWC  or  any  cour t  of  competent  jurisdiction 
invalidates the	
 collective bargaining  exemption established by Sections  11 or  12 f or those driv ers.	 
(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 pr ovided  in Sections  4, 10,  11,  12, and  20  through  22, this order shall  not be  deemed  to cov er 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  par ticipating  in a national  service pro gram, such  as AmeriCorps,
carried  out  using  assistance  provided  under  Section  12571  of  Title  42 of   the  United  States  Code.  (See  Stats.  2000,  ch.  365, 
amending Labor Code § 1171.)	
  2.
DEFINITIONS
(A)	
An  ―alte rnative workweek  schedule‖ means  any  regular ly scheduled workweek requiring  an  employ ee to  work  more  than
eight (8) hours  in a  24 -hour  period.	
 
(B)	
―Commission‖  means the Industrial W elfare Commission  of the State  of California.	
(C)	―Commercial  driver‖ means  an employ ee who  operates a vehicle described  in subdivision (b)  of Section 15210  of the Vehicle
Code.
 
(D)
―Division‖  means the Division  of Labor Standards  Enforcement  of the State  of California.	
(E)	―Empl oy‖  means  to engage, suffer,  or pe rmit  to wor k.	
(F)	―Empl oyee‖  means any person employ ed by an employer.	
(G)	―Empl oyer‖  means any person  as defined  in Section  18 of  the Labor Code, who directly  or indirectly,  or through  an agent  or
any other person, emplo ys or  ex ercises control ov er the wages, hours,  or working conditions  of any person.	
 
(H)	
―Hours  worked‖ means the time  during which  an employ ee is  subject  to the control  of an  employer, and includes all the time
the employ ee is suffered  or pe rmitted  to wor k, whether  or not required  to do so.	
 
(I)	
―Minor‖  means, f or the  purpose  of this order, any person under the  age of 18  years.	
(J)	―Outside  salesperson‖  means any person,  18 years  of age  or over, who customarily  and regular ly wor ks more than half the
working  time  away  from  the  employ er’s  place  of  business  selling  tangib le or   intangib le  items  or  obtaining  orders  or  contracts  f or	
 	
products, services  or use  of facilities.	 
(K)	
―P rimar ily‖ as  used  in Section  1, Applicability, means more than  one-half the employ ee’s work time.	
(L)	―Pu blic Transit Bus Driv er‖ means a commercial driv er who  operates a transit b us and  is  employ ed 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)	
― T eaching‖   means,  f or  the  purpose  of  Section  1  of  this  order,  the  profession  of  teaching  under  a  cer tificate  from  the
Commission f or Teacher Preparation and Licensing  or teaching  in an accredited college  or university.	
 
(P)	
― Transpor tation Industr y‖ means any industry, business,  or establishment  operated f or the  purpose  of co nveying persons  or
proper ty from one place  to another whether by rail, highway,  air, or  water, and all  operations  and se rvices  in connection therewith;  and	
 	
also includes storing or warehousing  of goods  or proper ty,  and the repairing,  parking, rental, maintenance,  or cleaning  of vehicles.	 
(Q)	
― W ages‖   includes  all  amounts  f or  labor  performed  by  employees  of  every  description,  whether  the  amount  is fi xed  or
ascertained by the standard  of time, task, piece, commission basis,  or other method  of calculation.	
 
(R)	
― Wor kday‖  and  ―day‖  mean any consecutive  24-hour  period beginning  at the same time each calendar day.	
(S)	―Workw eek‖ and  ― w eek‖  mean any sev en (7) consecutive days, star ting with the same calendar day each week.  ―Workw eek‖
is  a  fixed  and regular ly recurring  period  of 168 hours, sev en (7) consecutive  24-hour  periods.	
  3.
HOURS AND DAYS OF WORK
(A)	
Daily Over time-Gener al Pr ovisions
(1)	The following over time  provisions are applicab le to  employees  18 years  of age  or ov er and  to  employees  16 or 17  years
of  age  who are  not required by law  to attend school and are  not otherwise prohibited by law from engaging  in the subject wor k. Such	
 	
employees shall  not be  employ ed more than eight (8) hours  in any wor kday  or more than  40 hours  in any workweek unless the em-	 	
ploy ee receiv es one  and one-half  (1	1/ ) times such employ ee’s regular rate  of pay f or all hours work ed over 40 hours  in the workweek.

— 4  Eight (8) hours 
of labor constitutes a day ’s wor k. Employment bey ond eight (8) hours  in any wor kday  or more than six (6) da ys in any	 	
workweek  is pe rmissib le pr ovided the employ ee is  compensated f or such over time  at not  less than:	 
(a)	
One  and one-half (1	1/2) times the employ ee’s regular rate  of pay f or all hours work ed in  excess  of eight (8) hours  up
to  and including  12 hours in any wor kday,  and  for  the first eight (8) hours work ed on  the seventh (7th) consecutive day  of work  in a	
 	
workweek; and	 
(b)
Doub le the employ ee’s regular rate  of pay f or all hours work ed in  excess  of 12  hours  in any wor kday and f or all hours
work ed in  excess  of eight (8) hours  on the seventh (7th) consecutive day  of work  in a workweek.	
 
(c) 	
The over time rate  of compensation required  to be  paid  to a  non exempt full-time salaried employ ee shall  be computed
by using the employ ee’s regular  hourly  salary  as one -for tieth (1/40)  of the employ ee’s weekly salary.	
 
(B)	
Alternative Workweek Schedules
(1)	No   employ er  shall  be  deemed  to  have  violated  the  daily  over time  provisions  by  instituting,  pursuant  to  the  election
pr ocedures set for th in  this wage order, a regular ly scheduled alternative workweek schedule  of not  more than ten (10) hours per 
day	
 within  a  40  hour  workweek  without  the  payment  of an   over time  rate  of  compensation.  All  work  performed  in  any  wor kday 
b ey ond the	
 schedule  established  by  the  agreement  up to   12  hours  a  day  or  bey ond  40  hours  per  week  shall  be  paid at  one  and 
one-half (11/2) times the employ ee’s regular rate  of pay. All work performed  in excess  of 12  hours per day  and any work  in excess  of 
eight (8) hours
 on  those da ys worked bey ond the regular ly scheduled number  of wor kdays established by the alternative workweek 
agreement shall
 be  paid  at dou ble   the  employ ee’s  regular  rate  of  pay. Any  alternative  workweek  agreement  adopted  pursuant  to 
this  section  shall
 pr ovide f or not  less  than four (4)  hours  of work  in  any shift. Nothing  in this section  shall  prohibit  an employer, at 
the  request  of  the
 employee,  to  substitute  one  day  of  work  f or  another  day  of  the  same  length  in  the  shift  provided  by  the 
alternative  workw eek  agreement  on an   occasional  basis  to  meet  the  personal  needs  of  the  employ ee  without  the  payment  of 
over time.  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 work ed for the	
 purpose  of computing over time compensation.	 
(2)	
If  an   employ er  whose  employees  have  adopted  an  alternative  workweek  agreement  permitted  by  this  order  requires
an  employ ee to  work few er hours than those that are regular ly scheduled by the agreement, the employ er shall pay the employ ee	
 	
over time compensation  at a rate  of one  and  one-half  (1	1/2) times the employ ee’s regular rate  of pay f or all hours work ed in  excess  of	 	
eight (8) hours,  and doub le the employ ee’s regular rate  of pay f or all hours work ed in  excess  of 12  hours f or the day the employ ee is	 	
required  to work the reduced hours.	 
(3)	
An  employ er shall not reduce  an employ ee’s regular rate  of hour ly pay  as a result  of the adoption, repeal  or nullification
of  an alternative workweek schedule.	
 
(4)	
An   employ er  shall  explore  any  availab le  reasonab le  alternative  means  of  accommodating  the  religious  belief  or
observance  of an  af fected  employ ee  that  conflicts  with  an  adopted  alternative  workweek  schedule,  in  the  manner  provided  by 
subdivision(j)  of Section 12940  of the Government Code.	
 
(5)	
An  employ er shall  make a reasonab le ef for t  to find a work schedule  not to  exceed eight (8) hours  in a wor kday,  in order
to  accommodate any  affected employ ee who w as eligib le to  vote  in an  election authoriz ed by this section  and who  is unab le to  work	
 	
the alternative workweek schedule established  as the result  of that election.	 
(6)	
An  employ er shall  be pe rmitted, b ut not  required,  to pr ovide a work schedule not  to exceed eight (8) hours  in a wor kday  to
accommodate any employ ee who  is hired after the date  of the election  and who  is una ble  to  work the alternative workweek schedule	
 	
established by the election.	 
(7)	
Ar rangements adopted  in a secret ballot election held pursuant  to this order prior  to 1998,  or under the rules  in ef fect prior
to  1998, and  before the performance  of the wor k, shall remain valid after July  1, 2000  provided that the results  of the election are	
 	
repor ted  by  the  employ er to   the  Office  of  Policy,  Research  and  Legislation  by  Janua ry 1,  2001,  in  accordance  with  the 
requirements	
 of   subsection  (C) bel ow  (Election  Procedures).  If an  employ ee  w as  voluntarily  working  an  alternative  workweek 
schedule  of not  more	
 than ten (10) hours a day  as of  July  1, 1999,  that alternative workw eek schedule w as based  on an individual 
agreement  made  after
 Janua ry 1,  1998  betw een  the  employ ee and   employer,  and  the  employ ee  submitted,  and  the  employ er 
approv ed,  a  written  request  on	
 or be fore  May  30,  2000  to  continue   the  agreement,  the  employ ee  may  continue  to  work  that 
alternative workw eek schedule without	
 payment  of an  overtime rate  of compensation f or the hours  provided  in the agreement. The 
employ ee may revoke his/her voluntary
 authorization  to continue such a schedule with  30 da ys written notice  to the employer. New 
ar rangements can only  be entered into
 pursuant to the  provisions  of this section.	 
(C)	
Election Procedures
Election procedures f or the adoption  and repeal  of alternative workw eek schedules require the following:
(1)	Each proposal f or an  alternative workweek schedule shall  be in  the form  of a written agreement proposed by the employer.
The proposed agreement must designate a regular ly scheduled alternativ e workweek in which the specified number of work da ys	
 	
and work hours are regularly recurring. The actual da ys worked within that alternative workweek schedule  need not  be  specified. The	 	
employ er may propose a single work schedule that would become the standard schedule f or workers  in the work unit,  or a  me nu of	 	
work schedule options, from which each employ ee in  the unit would  be entitled  to choose.  If the employ er proposes a  menu of work	 	
schedule options, the employ ee may, with the approv al of  the employer, move from one  menu option  to another.	 
(2)	
In  order  to be  valid, the proposed alternative workw eek schedule must  be adopted  in a secret ballot election,  before the
performance  of wor k, by  at least a two-thirds (2/3) vote  of the  affected employ ees in  the work unit. The election shall  be held  during	
 	
regular working hours  at the employ ees’ work site. F or pu rposes  of this subsection,  ―affected employees  in the work  unit‖ may include	 	
all employees  in  a readily  identifiab le work unit, such  as  a division, a  department, a job classification, a shift, a  separate physical	 	
location,  or a recogniz ed subdivision  of any such work unit. A work unit may consist  of an  individual employ ee as  long  as the criter ia	 	
for  an identifiab le work unit  in this subsection are met.	 
(3)	
Prior  to the secret ballot v ote, any employ er who proposed  to institute  an alternative workw eek schedule shall have made
a disclosure  in writing  to the  affected employ ees, including the  effects  of the proposed  arrangement  on the employ ees’ wage s, hours,	
 	
and benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least  14 da ys prior  to voting, f or the specific  purpose	 	
of discussing the  effects  of the alternative workweek schedule.  An employ er shall  provide that disclosure  in a  non -English language,	 	
as well  as in  English,  if at  least  five (5) percent  of the  affected employees primarily speak that non-English language. The employ er

— 5  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.	 
(4)	
Any  election  to  establish  or  repeal  an  alternative  workweek  schedule  shall  be  held  at  the  work  site  of  the  affected
em ploy ees. The  employ er  shall  bear  the  costs  of  conducting  any  election  held  pursuant  to  this  section. Upon  a  complaint  by  an 
af fected	
 employee,  and after  an investigation by the labor commissioner, the labor commissioner may require the employ er to  select 
a  neut ral
 third  party  to  conduct the election.	 
(5)	
Any  type  of  alternative  workw eek  schedule  that  is  authoriz ed  by  the  California  Labor  Code  may  be  repealed  by  the
af fected employ ees. Upon a  petition  of  one-third (1/3)  of  the  affected employ ees, a  new secret ballot election shall  be held  and a 
two-	
 thirds  (2/3)  vote  of  the  affected  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  da ys  after  the  petition  is  submitted  to  the  employer, 
except that the	
 election shall  be held  not less than  12 months after the date that the same group  of 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 
employ ees’  work  site.  If	
 the  alternative  workweek  schedule  is  revok ed,  the  employ er  shall  comply  within  60  days.  Upon  proper 
sh owing  of undue  hardship,	
 the Division  of Labor Standards  Enforcement may  grant  an extension  of time f or compliance.	 
(6)	
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 employ er to  the Office of Policy, Research and 
Legislation  within  30  da ys  after  the  results  are  final,  and  the  repor t of  election  results  shall  be  a  public  document. The  report 
shall	
 include the final tally  of the v ote, the  size  of the unit,  and the nature  of the business  of the employer.	 
(7)	
Employ ees af fected by a change  in the work hours resulting from the adoption  of an  alternative workweek schedule may
not  be required  to work those new work hours f or at  least  30 days after the announcement  of the final results  of the election.	
 
(8)	
Employers shall  not intimidate  or coerce employ ees to  vote either  in suppor t  of or  in  opposition  to a proposed alternative
workweek.  No employees shall  be discharged  or discriminated against f or expressing opinions concerning the alternative workweek	
 	
election  or  for   opposing  or  suppor ting  its  adoption  or  repeal.  However,  nothing  in  this  section  shall  prohibit  an  employ er  from 
expressing his/her position concerning that alternative workweek  to the  affected employ ees. A violation  of this  paragraph  shall  be 
subject  to	
 California 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 f or all work ov er 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 employ ed for the same hours  as an	
 	
adult are subject  to subsection (A)  or (B)  and (C)  above.	 	
(VIOLATIONS  OF CHILD LAB OR LA WS  	are subject  to civil penalties  of from  $500 to  $10,000  as well  as to  criminal penal-	 	
ties.  Refer  to  California Labor Code Sections  1285 to  1312  and 1390  to  1399  for  additional restrictions  on the employment	 	
of minors and f or descriptions  of criminal  and civil penalties f or violation  of the child labor laws. Employers should ask school	 	
districts about any required work  permits .)	 
(E)	
An  employ ee may be employ ed on sev en (7) wor kdays in one workweek when the total hours of employment  during such
workweek  do not exceed  30 and the total hours  of employment  in any one wor kday thereof  do not  exceed six (6).	
 
(F)	
If  a meal  period occurs  on a shift beginning  or ending  at or  betw een the hours  of 10  p.m. and 6 a.m., facilities shall  be avail-
ab le for  	
securing  hot food  and drink  or for  heating f ood or  drink, and a suitab le sheltered place shall  be pr ovided  in which  to consume	 	
such f ood or  drink.	 
(G)	
The  provisions  of  Labor  Code  Sections  551  and  552  regarding  one  (1)  day ’s  rest  in  sev en  (7)  shall  not be   constr ued to
pr event  an accumulation  of da ys of  rest when the nature  of the employment reasonab ly requires the employ ee to  work sev en (7) or	
 	
more consecutive days;  provided, however, that  in each calendar month, the employ ee shall receive the equivalent  of one (1) day ’s	 	
rest  in sev en (7).	 
(H)	
Except  as pr ovided  in subsections (E) and (G), this section shall  not apply  to any employ ee covered by a valid collective  bar-
gaining agreement  if t	
 he agreement expressly  provides f or the wages, hours  of wor k, and  working conditions  of the employ ees, and	 	
if the agreement  provides premium w age rates f or all over time hours work ed and  a regular  hourly  rate  of pay f or those employees  of	 	
not less than 30 percent more than the state minim um wage.	 
(I)	
Notwithstanding subsection (H)  above, where the employer and a labor organization representing employ ees of  the employ er
have  entered  into  a  valid  collective  bargaining  agreement  per taining  to  the  hours  of  work  of  the  employ ees,  the  requirement 
regarding the equivalent  of one  (1) day ’s rest  in sev en (7) (see subsection (G)  above) shall  apply, unless the agreement expressly 
pr ovides
 otherwise.	 
(J)	
If  an  employ er approv es a written request  of an  employ ee to  ma ke 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 w as lost,	
 	
may not  be counted t oward computing the total number  of hours work ed in  a day f or pu rposes  of the over time 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  employ ee kn ows  in  ad vance	 	
that he/she will be requesting mak eup time for a personal obligation that will recur at a fixed time over a succession of weeks, the	 	
employ ee may request  to ma ke up work time f or up  to  four (4) weeks  in advance;  provided, however, that the  makeup work must  be	 	
performed in the same w eek that the work time w as lost.  An employ ee shall  provide a signed written request f or each occasion that	 	
the employ ee ma kes  a request  to ma ke up work time pursuant  to this subsection. While  an employ er may  inform  an employ ee of	 	
this  makeup time option, the employ er is  prohibited from encouraging  or otherwise soliciting  an employ ee to  request the employ er’s	 	
approv al to ta ke personal time off and  make up the work hours within the same workweek pursuant  to this subsection.	 
(K)	
The daily over time  provision  of subsection (A)  above shall not apply  to am bulance drivers and attendants scheduled f or 24 -
hour shifts of duty who have agreed in writing to exclude from daily time work ed not  more than three (3) meal periods  of not more	
 	
than  one (1) hour each and a regular ly scheduled uninterrupted sleeping  period  of not more than eight (8) hours. The employ er shall	 	
pr ovide adequate  dormitory  and kitchen facilities f or employees  on such a schedule.	 
(L)	
The  provisions  of  this  section  are  not  applicab le to   employees  whose  hours  of se rvice  are	 regulated
b y:	
(1)	The United States Depar tment  of Transpor tation Code  of Feder al Regulations, Title  49, Sections 395.1  to 395.13, Hours
of  Se rvice  of Driv ers, or;

— 8  with a second meal 
period of not less than  30 minutes, except that  if the total hours work ed is no more than  12 hours, the second meal	 	
period may  be waived by mutual consent  of the employ er and the employ ee only if the first meal  period w as not  waived.	 
(C)	
Unless the employ ee is  reliev ed of  all duty  during a  30 mi nute meal  period, the meal  period shall be considered  an ―on  duty‖
meal  period and counted  as time work ed. An  ―on  duty‖  meal  period shall  be pe rmitted only when the nature  of the work  prevents  an	
 	
employ ee from being reliev ed of  all duty  and when by written agreement  between  the  par ties  an on -the-job paid meal  period is agreed	 	
to. The written agreement shall state that the employ ee may, in writing, revoke the agreement  at any time.	 
(D)	
If  an  employ er  fails  to pr ovide  an  employ ee  a  meal  period  in  accordance  with  the  applicab le pr ovisions  of  this  order,  the
employ er shall pay the employ ee one (1) hour  of pay  at the employ ee’s regular rate  of compensation f or each wor kday that the meal	
 	
pe riod  is not  pr ovided.	 
(E)	
In  all places  of employment where employ ees are required  to eat  on  the premises, a suitab le place f or that  purpose shall  be
designated.	
 
(F) 	
The section shall  not apply  to any  public transit b us driv er covered by a valid collective bargaining agreement  if the agreement
expressly  provides f or meal  periods f or those employ ees, final  and binding arbitration  of disputes concerning application  of its meal	
 	
pe riod  provisions, premium wage rates f or all over time hours worked, and regular  hourly  rate  of pay  of not  less than  30 percent more	 	
than the State minim um wage r ate.	  12.
REST PERIODS
(A)  	
Every employ er shall authorize  and pe rmit all employ ees to  ta ke rest  periods, which insof ar as  practicab le shall  be in  the middle
of  each work  period. The authoriz ed rest  period time shall  be based  on the total hours work ed daily  at the rate  of ten (10)  minutes  net	
 	
rest time per four (4) hours  or major fraction thereof. However, a rest  period need  not be authoriz ed for  employees whose total daily	 	
work time  is less than three  and one-half  (3 	1/2) hours. Authoriz ed rest  period time shall  be counted  as hours work ed for  which there	 	
shall  be no deduction from wages.	 
(B)  	
If an  employ er fails  to pr ovide  an employ ee a rest  period  in accordance with the applicab le pr ovisions  of this order, the employ er
shall pay the employ ee one  (1) hour  of pay  at the employ ee’s regular rate  of compensation f or each wor kday that the rest  period  is	
 	
not provided.	 
(C)	
This  section  shall  not  apply  to  any  public  transit  b us  driv er  covered  by  a  valid  collective  bargaining  agreement  if  the
agre ement expressly  provides f or rest  periods f or those employ ees, final  and binding arbitration  of disputes concerning application 
of   its	
 rest  period  provisions, premium w age rates f or all over time hours worked,  and regular hour ly rate  of pay  of not  less than  30 
percent
 more than the State minim um wage r ate.	  13.
CHANGE ROOMS AND RESTING FACILITIES
(A)	
Employers  shall  provide  suitab le lo ck ers,  closets,  or  equivalent  f or  the  safekeeping  of  employ ees’  outer  clothing  during
working  hours,  and  when  required,  f or  their  work  clothing  during  non-working  hours.  When  the  occupation  requires  a  change  of 
clothing,
 change  rooms  or  equivalent  space  shall  be pr ovided  in  order  that  employ ees  may  change  their  clothing  in  reasonable 
privacy  and
 comfort. These rooms  or spaces may  be adjacent to but  shall  be separate from toilet rooms and shall  be kept clean.	 	
NOTE: 	This section  shall not  apply  to change rooms  and  storage  facilities regulated  by  the  Occupational  Safety  and  Health	 	
Standards Board.	 
(B)	
Suitab le  resting  facilities  shall  be pr ovided  in an   area  separate  from  the  toilet  rooms  and  shall  be  availab le to   employees
du ring work hours.	
  14.
SEATS
(A)	
All  working  employees  shall  be pr ovided  with  suitab le  seats  when  the  nature  of  the  work  reasonab ly pe rmits  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 suitab le seats shall  be placed  in reasonab le pr oximity  to the work area and employees shall  be permitted  to use	
 	
such seats when  it does  not interfere with the performance  of their duties.	  15.
 TEMPERATURE
(A)	
The temperature maintained  in each work area shall  provide reasonab le comfort consistent with industry-wide standards f or
the nature  of the process  and the work performed.	
 
(B)	
If   excessive  heat or   humidity  is  created  by  the  work  process,  the  employ er  shall  take  all  feasib le  means  to  reduce  such
exces sive  heat  or  humidity  to a  degree  providing reasonab le comfor t. Where the nature  of the employment requires a temperature 
of   less
 than  60°  F .,  a  heated  room  shall  be pr ovided  to  which  employees  may  retire  f or  warmth,  and  such  room  shall  be 
maintained  at not	
 less than 68°.	 
(C)	
A temperature  of not  less than 68° shall  be maintained in the toilet rooms, resting rooms,  and change rooms during	 hours  of	
use.  (D)	
F
ede ral  and State energy guidelines shall  prevail ov er any conflicting  provision  of this section. 16.
ELEVATORS	
Adequate  elevator, escalator  or similar  service consistent with industry-wide standards f or the nature  of the process  and the work
performed shall  be provided when employees are employ ed four floors  or more  above  or below ground level.	
  17.
EXEMPTIONS	
If, in the opinion  of the Division after  due investigation,  it is  found that the  enforcement of any  provision contained  in Section  7,
Records; Section 12, Rest Periods; Section  13, Change Rooms and Resting Facilities; Section  14, Seats; Section  15, Temperature;

— 9  or
 Section  16, El evators, would  not materially  affect the w elfare  or comfor t  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  ef fective  and may  be	 	
revoked after reasonab le notice  is gi ven  in  writing. Application f or ex emption shall  be made by the employ er or  by the employ ee and/or	 	
the employ ee’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 REPOR TS	
(See California Labor Code, Section 1174(a))19.
INSPECTION
(See California Labor Code, Section 1174) 20.
PENALTIES
(See California Labor Code, Section 1199)
(A)	In addition  to any other civil penalties  provided by law, any employ er or  any other person acting  on behalf  of the employ er who
violates,  or causes  to be violated, the  provisions  of this order, shall  be subject to the civil penalty of:	
 
(1)	
Initial Violation  — $50.00 f or each  underpaid employ ee for  each pay  period  during which the employ ee was underpaid  in
addition  to the amount which  is sufficient  to recov er unpaid w ages.	
 
(2)	
Subsequent Violations  — $100.00 f or each underpaid employ ee for each pay  period  during which the employ ee was
underpaid  in addition  to an  amount which  is sufficient  to recov er unpaid w ages.	
 
(3)	
The  affected employ ee shall receive payment  of all wages recovered.	
(B)  	The labor commissioner may also issue citations pursuant  to California Labor Code Section 1197.1 f or non-payment  of wages
f or  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
po rtion  of  this  order  should  be  held  invalid  or  unconstitutional  or  unauthoriz ed or   prohibited  by  statute,  the  remaining  provisions 
thereof	
 shall  not be  affected  thereby,  b ut  shall  continue  to  be  gi ven   full  force  and ef fect  as if  the  par t  so  held  invalid  or 
unconstitutional had	
 not been included herein.	  22.
POSTING OF ORDER	
Every employ er shall k eep a copy  of this order posted  in an  area frequented by employees where  it may  be easily read  during
the wor kday. Where the location  of work  or other conditions  make this impractical, every employ er shall k eep a co py  of this order and	
 	
ma ke it availab le to  every employ ee upon request.	 Q
UESTIONS  AB
OUT ENFORCEMENT of  the Industrial 
Welfar e Commission  orders and reports  of violations  should be 
directed  to the  Labor  Commissioner 's Office.  A listing  of offices  is on 
the  back  of this  wage  order.  For the address and telephone number 
of the office nearest you, information can be found on the internet at 
http://www.dir.ca.gov/DLSE/dlse.html or under a search for 
"California Labor Commissioner's Offic	
e" on the internet or any 
other directory.   The Labor Commissioner  has offices  in the  followin g 
cities: B akersfield,  El Centro,   Fr esno, L ong Beac	
h, Los  Angeles, 
Oak	
land, R edding,  Sacramento, S alinas, San Bern ardino,  San 
Diego,  San Fra ncisco, San J	
ose,  Santa Ana,  Santa Barbara , Santa 
Rosa, Stock ton, Van Nuys.  S	
UMMARIES I
N OTHER L ANGUAGES 
Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge 
and hour requirements in this Or der available in Spanish, Chinese 
and cer tain other langu ages when it is f easible to do so. Mail y our 
request fo r such summaries to the Depart ment at: 
P.O.  Box  420603, Sa n Francisco, CA 94142-0 603. 
RES	
UMEN EN OTRO S	 IDIOMAS 
El  Depart amento  de Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603.  Depart
ment of Industrial Relations  
P.O.  Box  420603  
San F rancisco, CA 94 142-0603

— 10  EMPLOYERS:    
Do not send copies  of your alternative workw eek 
election  ballots  or  election  procedures. 
Only  the  results  of  the  alternative  workw eek  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 Pr
evailing W age Hotline (415) 703-4774  All 
complaints  are handled  confidentiall	
 y.  For furt her  inform ation or to	 file  your  complaints,  contact the State  of Californ ia at  the  foll	 owing  depart ment	 offices: 
California Labor Commissioner's Office, also known as,  Division of Labor Standards Enforcement (DLSE) BA
KERSFIELD 
Labor Commissioner's Office/DLSE    7718  Meany  Ave. 
Bake rsfield,  CA  93308 
661-58 7-3060
EL CENTRO 
Labor Commissioner's Office/DLSE    
1550  W. Main  St. 
El  Centro,  CA  92643 
760-3 53-0607
FRESNO 
Labor Commissioner's Office/DLSE     
770  E. Shaw  Ave., Suite  222 
Fr esno,  CA  93710 
559-2 44-5340
LONG BEACH 
Labor Commissioner's Office/DLSE     
300  Oceangate,  3rd 
 
Floor 
Long  Beach,  CA  90802 
562-5 90-5048
LOS ANGELES 
Labor Commissioner's Office/DLSE     
320  W. Fourth  St., Suite  450 
Los  Angeles,   CA  90013 
213-6 20-6330
OAKLAND 
Labor Commissioner's Office/DLSE   
1515  Clay Street, Room  801 
Oakland,   CA   94612 
510-62 2-3273
OAKLAND – HEADQUARTERS 
Labor Commissioner's Office/DLSE      
1515 Clay Street, Room 401
Oakland, CA 94612
510-285-2118
[email protected] SAN JOSE
 
Labor 	
 Commissioner's Office/DLSE  
100  Paseo  De San  Antoni o, Room  1	
20 
San  Jose , CA   95113 
408 -277 -1266
SANTA  ANA 
Labor Commissioner's Office/DLSE  
605  W est  Santa  Ana B	
lvd.,  Bldg. 2	8, Room  625 
S	
anta  A	na,  CA  92701 
714 -558 -4910
SANTA  BA RBARA 
Labor 	

Commissioner's Office/DLSE  
411  E. Canon  Perdid o, Room  3 
S	

anta  Barba ra,  CA	    93101 
805 -568 -1222
SANTA  RO SA 
Labor 	
 Commissioner's Office/DLSE  
50  “D”  Street,  Suite 360 
Santa  Rosa,  CA  95404 
7 07 -576 -2362
STO CKTO N 
Labor Commissioner's Office/DLSE  
31  E. C
hannel  Street, R	oom  317 
Sto ckton,  CA	 95202 
209 -948 -7771
VA N NUYS  
Labor Commissioner's Office/DLSE
6150  Van	
  Nuys  Bouleva rd, Room	  206 
Va n Nuys,  CA  91401 
818 -901	
 -5315 REDDING 
Labor Commissioner's Office/DLSE        
2	

50 Hemsted Drive, 2nd Floor, Suite A  
Redding,  CA  96002 
530-22 5-2655
SACR AMENTO 
Labor Commissioner's Office/DLSE    
2031  Howe  Ave, Suite  100 
Sacram ento, CA  95825 
916-26 3-1811
SALINAS  
Labor Commissioner's Office/DLSE     
950 E. Blanco Rd., Suite 204
Salinas, CA 93901
831-443-3041
SAN

 BERNARDINO  
Labor Commissioner's Office/DLSE      
464

  Wes t 4th 
 
Street,  Room 348 
San  Berna rdino,  CA  92401 
909-38 3-4334
SAN DIEGO  
Labor Commissioner's Office/DLSE     
7575

  Metropolitan,  Room 210 
San  Diego,  CA  92108 
619-22 0-5451
SAN FRANCISCO  
Labor Commissioner's Office/DLSE      
455

  Golden  Gate Ave. 10th 
 
Floor 
San  Francisco,  CA  94102 
415-70 3-5300