California Industrial Welfare Commission (IWC) Wage Order #9 Transportation Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #9 Transportation Industry is a general labor law poster poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in the transportation industry.
This poster, written in Spanish, must be posted in a conspicuous place where all Spanish speaking employees will see it for any Transportation Industry employers. This poster describes the standards and laws that must be followed in the Transportation Industry.
CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .
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
Other California Labor Law Posters 5 PDFS
There are an additional 29 optional and mandatory California labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
|Poster Name||Poster Type|
|Mandatory California Law Prohibits Workplace Discrimination and Harassment||Workplace Violence Law|
|Mandatory Notice to Employees - Injuries caused by Work||Workers Compensation Law|
|Mandatory Whistleblower Protections||Whistleblower Law|
|Mandatory Unemployment Insurance Benefits||Unemployment Law|
|Mandatory Paid Sick Leave||Sick Leave Law|
While we do our best to keep our list of California labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.