California Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry is a California general labor law poster poster provided for businesses by the California Department Of Industrial Relations. This notification is required for some employers, such as employers in the manufacturing industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the manufacturing industry. All ten pages are required to be posted. The notice includes information relative to applicability and exemption of the order, legal definitions, hours and days of work definitions, minimum wages, reporting procedures, disability clauses, records procedures, rest and recover periods, and overall satisfactory working conditions required by the state of California.
OFFICIA L NOTICE INDUSTRIAL WEL FARE COMMISSION ORDER NO . 1-2001 REGUL ATING W AGES, HOURS A ND WORKING CO NDITIONS IN THE MANUFACTURING INDUSTRY Effective Jul y 1, 2002 as amended Sections 4(A) and 10(C) amended and republi shed by the Departm ent of Industrial Relations, effec t ive January 1, 2019, pursu ant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This Ord er Must Be Po sted Where Employees Can Read It Easily Visit www.d ir.ca.gov IWC FORM 1101 (Rev. 11/2018) OSP 06 98759 • Please Post With This Side Showing • OFFICIAL NOTICE Ef fective July 1, 20 02 as 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 INDUSTRIAL WELFA RE COMMISSION ORDER NO. 1-2 001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE MANUFA CTURING INDUSTRY TAKE NOTICE: To empl oyers and representativ es of persons w orking in indust ries and occupations in the State of Cali fornia: The Depart ment of Industri al Relations amends and republ ishes the minimu m wage and meals and lodging c redits in the Industri al We l fare Commission’s Orders as a result of legislation enacted (S B 3, Ch. 4, Stats of 2016, amending section 1182.12 of the Californi a Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC’s Orders. 1.APPLICABILITY OF ORDER This order shall apply to all persons empl oyed in the ma nufactur ing industr y whether paid on a tim e, piece r ate, commission, or other basi s, e xcept that: (A) Provisions of Sections 3 through 12 of this order shall not apply to persons empl oyed in administ rati ve, executi ve, or pro fessional capacitie s. The foll owing requirements shall apply in deter mining whether an empl oyee’s duties meet the test to qualify for an ex emption from those sections: (1)Executi ve E xemption. A person empl oyed in an ex ecutive capacity means an y employee: (a) Whose duties and responsibilities inv olve the management of the enterpr ise in which he/she is empl oyed or of a customar ily recogni zed depar tment or subdivision thereof; and (b) Who customar ily and regularly directs the work of tw o or more other empl oyees herein; and (c) Who has the author ity to hire or fire other empl oyees 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 empl oyees will be given particular weight; and (d)Who customar ily and regularly exercises discretion and independent judgment; and (e) Who is pr ima rily 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 f ollowing regulations under the F air Labor Standards Act ef fecti ve as of the date of this order : 29 C.F .R. Sections 541.102, 541.104-111, and 541.115- 116. Ex empt work shall includ e, for exampl e, 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 car rying out ex empt functions. The work actually per formed by the empl oyee dur ing the course of the work w eek must, first and f oremost, be examined and the amount of time the empl oyee spends on such work, together with the empl oyer’s realistic expectations and the realistic requirements of the job , shall be considered in determining whether the empl oyee satisfies this requirement. (f) Such an empl oyee m ust al so earn a monthly sala ry equi valent to no less than two (2) times the state minimum w age for full -time empl oyment. Full-time empl oyment is defined in Labor Code Section 515(c) as 40 hours per week. (2)Administ rati ve E xemption. A person empl oyed in an administr ative capacity means an y employee: (a) Whose duties and responsibilities involve either: (i) The per formance of office or non- manual work directly related to management policies or gener al b usiness oper ations of his empl oyer or his empl oyer’s customer s, or (ii) The per formance of functions in the administ ration of a school system, or educational estab lishment or insti tution, or of a depar tment or subdivision thereof , in work directly related to the academic instr uction or training car ried on therein; and (b)Who customar ily and regularly exercises discretion and independent judgment; and (c) Who regular ly and directly assists a proprietor, or an empl oyee empl oyed in a bona fide executi ve or administ rati ve capacity (as such ter ms are defined for pur poses of this section); or (d) Who performs under only gener al super vision work along specialized or technical lines requi ring special tr aining, e xper ience, or kno wledge; or (e) Who executes under only gener al supervision special assignments and tasks; and (f) Who are prima rily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be const rued in the same manner as such ter ms are constr ued in the f ollowing regulations under the F air Labor Standards Act ef fecti ve as of the date of this order: 29 C.F.R. Sections 541.201- 205, 541.207- 208, and 541.210, 541.215. Ex empt work shall include, f or exampl e, 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 car rying out ex empt function s. The work actually per formed by the empl oyee dur ing the course of the work w eek m ust, first and f oremost, be examined and the amount of time the empl oyee spends on such work, together with the empl oyer’s —1 realistic expectations and the realistic requirements of the job , shall be considered in determining whether the employee satisfies this requirement. (g) Such employee m ust also earn a monthly sala ry equi valent to no less than two times the state minimum wage f or full -time empl oyment. Full-time empl oyment is defined in Labor Code Section 515(c) as 40 hours per week. (3) Pro fessional Exemption. A person employed in a pro fessional capacity means any employee who meets all of the foll owing requirements: (a) Who is licensed or ce rtified by the State of Cali fornia and is pr ima rily engaged in the pr actice of one of the foll owing recogni zed prof essions: law, medicine , dentistry, optometry , architectur e, engineer ing, teaching, or accounting; or (b) Who is p rima rily engaged in an occupation commonly recogni zed as a lear ned or artistic profession. For the pur poses of this subsection, “lea rned or ar tistic profession” means an empl oyee who is pr imarily engaged in the per formance of: (i) Work requiring knowledge of an adv anced type in a field or science or lear ning customar ily acquired by a pro longed course of speciali zed intellectual inst ruction and study, as distinguished from a gener al academic education and from an apprenticeshi p, and from training in the performance of routine mental, ma nual, or ph ysical processe s, or work that is an essential par t of or necessar ily incident to an y of the above wor k; or (ii) Work that is or iginal and creati ve in char acter in a recogni zed field of ar tistic endeav or (as opposed to work which can be produced by a person endowed with gene ral ma nual or intellectual ability and tr aining), and the result of which de- pends pr imarily on the i nvention, imagination, or talent of the empl oyee or wor k that is an essential par t of or necessarily incident to an y of the abov e wor k; and (iii) Whose wo rk is predominantly intellectual and var ied in cha racter (as opposed to routine mental, ma nual, me chanical, or ph ysical wor k) and is of such char acter that the output produced or the result accomplished cannot be standardi zed in relation to a gi ven per iod of tim e. (c) Who customar ily and regular ly ex ercises discretion and independent judgment in the performance of duties set for th in para graphs (a) and (b). (d) Who earns a monthly sala ry equi valent to no less than two (2) times the state minimum wage f or full -time empl oyment. Full-time empl oyment is defined in Labor Code Section 515(c) as 40 hours per week. (e) Subpara graph (b) above is intended to be const rued in accordance with the foll owing provisions of feder al law as they e xisted as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a) -(d), 541.302, 541.306, 541.307, 541.308, and 541.310. (f)Notwithstanding the provisions of this subpara graph, phar macists employed to engage in the pr actice of phar macy, and registered n urses empl oyed to engage in the pr actice of nursing, shall not be considered exempt pro fessional empl oyees, nor shall they be considered exempt from cover age for the purposes of this subpara graph unless they individually meet the cr iteria estab lished for exemption as executi ve or administr ative empl oyees. (g) Subpara graph ( f) above, shall not apply to the foll owing ad vanced pr actice nurses: (i) Ce rtified nurse midwi ves who are prima rily engaged in per forming duties for which ce rtification is required pursuant to A rticle 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Prof essions Code. (ii) Certified n urse anesthetists who are prima rily engaged in performing duties for which ce rtification is required pursuant to A rticle 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Prof essions Code. (iii) Certified n urse practitioners who are prima rily engaged in per forming duties for which ce rtification is required pursuant to A rticle 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Prof essions Code. (iv) Nothing in this subpara graph shall ex empt the occupations set for th in clauses (i), (ii), and (iii) from meeting the requirements of subsection 1(A)(3)(a) -(d) ab ove. (h) Except, as pr ovided in subpara graph (i), an empl oyee in the computer softw are field who is paid on an hour ly basis shall be ex empt, if all of the f ollowing apply: (i) The empl oyee is pr imarily engaged in work that is intellectual or creati ve and requires the exercise of discretion and independent judgment. (ii) The empl oyee is pr imarily engaged in duties that consist of one or more of the foll owing: —The application of systems analysis techniques and procedures, including consulting with user s, to deter mine hardw are, softw are, or system functional specifications. —The design, de velopment, documentation, analysis, creation, testing, or modification of computer systems or pro gram 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 softw are or hardw are for computer oper ating systems. (iii) The empl oyee is highly skilled and is proficient in the theoretical and practical application of highly specializ ed in for mation to computer systems analysis, pro gramming, and software engineer ing. A job title shall not be deter minati ve of the applicability of this exemption. (iv) The empl oyee’ s hour ly rate of pa y is not less than forty-one dollars ($41.00). The Office of Policy, Research and Legislation shall adjust this pay r ate on October 1 of each year to be effecti ve on Jan uary 1 of the f ollowing year by an amount equal to the percentage increase in the Cali fornia Consumer P rice Inde x for Urban W age Earners and Cler ical Workers.* (i) The exemption pr ovided in subpara graph (h) does not apply to an empl oyee if an y of the foll owing apply: (i) The empl oyee is a tr ainee or empl oyee in an entry-lev el position who is lear ning to become proficient in the * Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Depar tment of Industr ial Relation s, has adjusted the mini mum hou rly rate of pay specified in this subdivision to be $49.77, effecti ve Jan uary 1, 2007. This hour ly rate of pay is adjusted on October 1 of each y ear to be effecti ve on Jan uary 1, of the foll owing year, and may be obtained at www .dir.c a. gov/IW C or by mail from the Depar tment of Industrial Relations. —2 theoretical and pr actical application of highly specializ ed infor mation to computer systems analysis, pro gramming, and softw are engineer ing. (ii)The empl oyee is in a computer -related occupation but has not attained the l evel of skill and exper tise neces sary to wor k independently and without close super vision. (iii) The empl oyee is engaged in the operation of computers or in the ma nufactur e, repai r, or maintenance of computer hardw are and related equipment. (iv) The empl oyee is an engineer, dr after, machinist, or other pro fessional whose work is highly dependent upon or facilitated by the use of computers and computer softw are pro grams and who is skilled in computer -aided design softwar e, including CAD/CAM, but who is not in a computer systems analysis or progr amming occupation. (v) The empl oyee is a w riter engaged in wr iting material, including bo x labels, product desc ription s, document ation, promotional mater ial, setup and installation instruction s, and other similar written infor mation, either for pr int or f or on screen media or who writes or pr ovides content material intended to be read by customer s, subsc riber s, or visitors to computer -related media such as the World Wide Web or CD-R OMs. (vi) The empl oyee is engaged in any of the activities set forth in subpara graph (h) for the purpose of creating imager y for ef fects used in the motion pictur e, tel evision, or theat rical indust ry. (B) Except as pr ovided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly empl oyed by the State or an y political subdivision thereof , including any city, county , or special dist rict. (C) The pr ovisions of this order shall not apply to outside salespersons. (D) Provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the empl oyer. (E) The pr ovisions of this order shall not apply to any individual par ticipating in a national se rvice pro gram, such as Ame riCo rps, carried out using assistance pr ovided under Section 12571 of Title 42 of the United States Cod e. (See Stats. 2000, ch. 365, amending Cali fornia Labor Code Section 1171.) 2.DE FINITIONS (A)An “alter native workw eek schedule” means any regular ly scheduled workw eek requi ring an empl oyee to work more than eight (8) hours in a 24- hour period. (B) “Commission” means the Indust rial W elfare Commission of the State of California. (C) “Division” means the Division of Labor Standards Enf orcement of the State of California. (D) “Empl oy” means to engage , suffer, or per mit to wor k. (E) “Empl oyee” means an y person empl oyed by an empl oyer. (F) “Empl oyer” means any person as defined in Section 18 of the Labor Code, who directly or indirectl y, or through an agent or a ny other person, empl oys or exercises control ov er the wages, hour s, or wor king conditions of an y person. (G) “Hours worked” means the time du ring which an empl oyee is subject to the control of an empl oyer, and includes all the time the empl oyee is suf fered or per mitted to work, whether or not required to do s o. (H) “Ma nufactur ing Industr y” means any industry, b usiness, or estab lishment oper ated f or the purpose of prepar ing, produc - ing, making, alter ing, repai ring, finishing, processing, inspecting, handling, assem bling, wrapping, bottling, or pac kaging goods, ar ticle s, or commodities, in whole or in par t; EXCEPT when such activities are cov ered by Orders in the: Canning, Prese rving, and F reezing Industry; Industr ies Handling Products After Ha rvest; Industr ies Prepar ing Agr icultu ral Products for Ma rket, on the Far m; or Motion Picture Industry. (I) “Minor” means , for the pur pose of this Order , any person under the age of 18 year s. (J) “Outside salesperson” means any person, 18 years of age or over, who customar ily and regular ly wor ks more than half the wor king time away from the empl oyer’s place of b usiness selling tangi ble or intangi ble items or obtaining orders or contr acts for products , services or use of facilitie s. (K) “P rima rily” as used in Section 1, Applicabilit y, means more than one- half the employee ’s wor k tim e. (L) “Shift” means designated hours of work by an empl oyee, with a designated beginning time and quitting tim e. (M) “Split shift” means a work schedule, which is inter rupted by non-paid non-wor king per iods estab lished by the empl oyer, other than bona fide rest or meal per iods. (N) “Teaching” mean s, f or the pur pose of Section 1 of this order , the profession of teaching under a cer tificate from the Com- mission for Teacher Prepar ation and Licensing or teaching in an accredited college or uni versit y. (O) “Wages” includes all amounts for labor per formed by empl oyees of every description, whether the amount is fixed or as- ce rtained by the standard of tim e, task, piec e, commission basis , or other method of calculation. (P) “Wor kday” and “day” means an y consecuti ve 24- hour per iod beginning at the same time each calendar day. (Q) “Workw eek” and “w eek” means any sev en (7) consecuti ve days, starting with the same calendar day each w eek. “Work- w eek” is a fix ed and regular ly recurring per iod of 168 hour s, s even (7) consecuti ve 24- hour per iods. 3.HOURS AND DAYS OF WORK (A) Daily O vertime -Gene ral Pr ovisions (1) The foll owing over time pr ovisions are applicab le to empl oyees 18 y ears of age or ov er and to empl oyees 16 or 17 y ears 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 empl oyed more than eight (8) hours in any wor kday or more than 40 in a workw eek unless the empl oyee recei ves one and one half (1 1/2) times such empl oyee’s regular rate of pay f or all hours worked ov er 40 hours in the workw eek. Eight (8) hours of labor constitutes a day’s wor k. Empl oyment b eyond eight (8) hours in any wor kday or more than six (6) days in a ny wo r kweek is per missible provided the empl oyee is compensated for such overtime at not less than: (a) One and one- half (1 1/2) times the empl oyee’s regular rate of pay f or all hours worked in e xcess of eight (8) hours —3 up to and including tw elve (12) hours in any wor kday, and f or the first eight (8) hours worked on the sev enth (7th) consecuti ve day of wor k in a workw eek; and (b) Dou ble the empl oyee’s regular rate of pay f or all hours worked in e xcess of 12 hours in any wor kday and for all hours worked in e xcess of eight (8) hours on the s eventh (7th) consecuti ve da y of work in a workw eek. (c) The over time rate of compensation required to be paid to a nonexempt full-time salar ied empl oyee shall be co mputed b y using the empl oyee ’s regular hour ly salary as one for tieth (1/40) of the empl oyee’ s weekly sala ry. (2) The pr ovisions of this section are not applicab le to employees whose hours of ser vice: (a) The United States Depar tment of Tr anspor tation Code of Feder al Regulations, Title 49, Sections 395.1 to 395.13, Hours of Ser vice of Drivers; or (b) Title 13 of the Cali fornia Code of Regulations, subchapter 6.5, Section 1200 and the foll owing section s, regulating hours of drivers. (B) Alter native Workw eeks (1) No empl oyer shal l be deemed to have violated the daily over time provisions by instituting, pursuant to the election pr ocedures set forth in this wage order, a regular ly scheduled alter native workw eek schedule of not more than ten (10) hours per da y 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 (1 1/2) times the empl oyee’s regular rate of pay. All work performed in e xcess of 12 hours per day and any work in e xcess of eight (8) hours on those da ys work ed beyond the regular ly scheduled number of wor kdays estab lished by the alter native workw eek agreement shall be paid at dou ble the empl oyee’ s regular rate of pay. Any alternative workw eek ag reement adopted pursuant to this section shall pr ovide for not less than f our (4) hours of work in any shift. Nothing in this section shall prohibit an empl oyer, at the request of the empl oyee, to substitute one da y of work for another da y of the same length in the shift pr ovided by the alterna tive workw eek agreement on an occasional basis to meet the personal needs of the empl oyee without the payment of over time. No hours paid at either one and one- half (1 1/2) or doub le the regular rate of pay shall be included in deter mining when 40 hours have been worked for the pur pose of computing over time compensation. (2) Any ag reement adopted pursuant to this section shall provide not less than two (2) consecuti ve days off within a workw eek. (3) If an empl oyer, whose employees have adopted an alter native workw eek agreement pe rmitted by this order requires an empl oyee to work few er hours than those that are regula rly scheduled by the agreement, the empl oyer shall pay the employee over time compensation at a r ate of one and one- half (1 1/2) times the empl oyee’s regular rate of pay f or all hours worked in excess of eight (8) hour s, and doub le the empl oyee’s regular rate of pay f or all hours worked in e xcess of 12 hours for the day the empl oyee is required to work the reduced hour s. (4) An empl oyer shall not reduce an empl oyee’s regular rate of hour ly pay as a result of the adoption, repeal or nullification of an alter native workw eek schedul e. (5) An empl oyer shall explore any av ailable reasonab le alter native means of accommodating the religious belief or obser vance of an affected employee that conflicts with an adopted alternative workweek schedul e, in the manner pr ovided by subdivision (j) of Section 12940 of the G overnment Code. (6) An empl oyer shall ma ke a reasonab le ef fort to find a work schedule not to e xceed eight (8) hours in a wor kday, in order to accommodate any affected employee who was eligi ble to v ote in an election authoriz ed by this section and who is unab le to wor k the alter native workweek schedule estab lished as the result of that election. (7) An empl oyer shall be per mitted, but not required, to pr ovide a work schedule not to exceed eight (8) hours in a workday to accommodate any employee who is hired after the date of the election and who is unab le to work the alter native workw eek schedule estab lished by the election. (8) Arrangement s adopted in a secret ballot election held pursuant to this order pr ior to 1998, or under the rules in eff ect pr ior to 1998, and before the performance of the wor k, shall remain v alid after July 1, 2000 provided that the results of the election are repor ted by the empl oyer to the Office of Policy, Research and Legislation by Jan uary 1, 2001, in accordance with the requir ements of subsection (C) below (Election Procedures). If an empl oyee w as voluntar ily wor king an alter native workw eek schedule of not more than ten (10) hours a day as of J uly 1, 2000, that alternative workw eek schedule w as based on an individual agreement made after January 1, 1998 between the empl oyee and empl oyer, and the empl oyee submitted, and the empl oyer appr oved, a w ritten request on or before May 30, 2000 to conti nue the ag reement, the empl oyee may conti nue to work that alter native workw eek schedule without payment of an over time rate of compensation f or the hours pr ovided in the ag reement. The em plo y ee may revok e his or her voluntary authorization to conti nue such a schedule with 30 da ys wr itten notice to the empl oyer. New arrangements can only be entered into pursuant to the pro visions of this section. (C) Election Procedures El ec tion procedures for the adoption and repeal of alter native workw eek schedules require the foll owing: (1) Each proposal for an alter native workw eek schedule shall be in the form of a wr itten ag reement proposed by the empl oyer. The proposed ag reement must designate a regular ly scheduled alternative workw eek in which the specified number of work da ys and work hours are regular ly recur ring. The actual days work ed within that alter native workw eek schedule need not be specified. The empl oyer may propose a single work schedule that would become the standard schedule f or work ers in the work unit, or a men u of work schedule options , from which each empl oyee in the unit would be entitled to choos e. If the empl oyer proposes a me nu of wor k schedule options , the employee m ay, with the appr oval of the empl oyer, move from one men u option to another. (2) In order to be v alid, the proposed alternative workw eek schedule m ust 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 employees in the work unit. The election shall be held dur ing regular working hours at the empl oyees’ work site. F or pu rposes of this subsection, “af fected employees in the work unit” may include all empl oyees in a readily identifiab le work unit, such as a division, a depar tment, a job classification, a shift, a separ ate ph ysical location, or a recogni zed subdivision of any such work unit. A work unit may consist of an individual empl oyee as long as —4 the criter ia for an identifiab le wor k unit in this subsection is met. (3) Prior to the secret ballot vot e, any employer who proposed to institute an alter native workw eek schedule shall have made a disclosure in wr iting to the af fected employees, including the effects of the proposed arrangement on the empl oyees’ w ages, hours, and benefit s. Such a disclosure shall include meeting(s), duly noticed, held at least 14 da ys pr ior to voting, f or the specific pur pose of discussing the effects of the alter native workw eek schedul e. An empl oyer shall pr ovide that disclosure in a non- English language, as well as in English, if at least five (5) percent of the affected empl oyees prima rily speak that non- English language. The empl oyer shall mail the written disclosure to empl oyees who do not attend the meeting. Failure to comply with this para graph shall mak e the election null and void. (4) Any election to estab lish or repeal an alter native workw eek schedule shall be held at the work site of the affected empl oyees. The empl oyer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an af fected employee, and after an inv estigation by the Labor Commissione r, the Labor Commissioner may require the empl oyer to select a neut ral third par ty to conduct the election. (5) Any type of alter nativ e workweek schedule that is autho rized by the Labor Code may be repealed by the affected empl oyees. Upon a petition of one- third (1/3) of the affected employees, a new secret ballot election shall be held and a two- thirds (2/3) vote of the affected employees shall be required to rev erse the alter native workw eek schedul e. The election to repeal the alter native workw eek schedule shall be held not more than 30 da ys after the petition is submitted to the empl oyer, except that the election shall be held not less than 12 months after the date that the same group of empl oyees voted in an election held to adopt or repeal an alter native workw eek schedul e. The election shall take place dur ing regular working hours at the empl oyees’ wor k sit e. If the alter native workweek schedule is revok ed, the empl oyer shall comply within 60 days. Upon proper sh owing of undue hardshi p, the Division of Labor Standards Enf orcement may gr ant an e xtension of time for complianc e. (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 repor ted by the empl oyer to the Office of Policy, Research and Legislation within 30 days after the results are final, and the report of election results shall be a pub lic document. The repor t shall include the final tally of the vot e, the si ze of the unit, and the nature of the business of the empl oyer. (7) Empl oyees af fect ed by a change in the work hours resulting from the adoption of an alter native workw eek schedule may not be required to work those ne w wor k hours f or at least 30 da ys after the announcement of the final results of the election. (8) Empl oyers shall not intimidate or coerce employees to v ote either in support of or in opposition to a proposed alter native workw eek. No empl oyees shall be discharged or discr iminated against for e xpressing opinions conce rning the alter native workw eek election or for opposing or suppor ting its adoption or repeal. However, nothing in this section shall prohibit an empl oyer from expressing his/her position concerning that alternative workw eek to the affected employees. A violation of this para graph shall be subject to Labor Code Section 98 et seq. (D) One and one- half (1 1/2) times a minor ’s regular rate of pay shall be paid for all work ov er 40 hours in any workw eek except minors 16 or 17 y ears old who are not required b y law to attend school and may theref ore be empl oyed for the same hours as an adult are subject to subsection (A) or (B) and (C) above. (VIOL ATI ON S OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as w ell as to cr iminal penalties. Refer to Cali fornia Labor Code sections 1285 to 1312 and 1390 to 1399 f or additional rest rictions on the empl oyment of minors and for desc riptions of cr iminal and civil penalties for violation of the child labor laws. Empl oyers should ask school dist ricts about an y required wor k permits.) (E) An empl oyee may be empl oyed on sev en (7) wor kdays in one workw eek when the total hours of empl oyment during such workw eek do not exceed 30 and the total hours of empl oyment in an y one workday thereof do not exceed six (6). (F) The pr ovisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in sev en (7) shall not be constr ued to pr ev ent an accu mulation of da ys of rest when the nature of the empl oyment reasonab ly requires the empl oyee to work sev en (7) or more consecuti ve days; pr ovided, however, that in each calendar month, the empl oyee shall recei ve the equi valent of one (1) day’ s rest in s even (7). (G) If a meal per iod occurs on a shift beginning or ending at or bet ween the hours of 10 p .m. and 6 a.m., f acilities shall be av aila ble for secu ring hot food and dr ink or for heating f ood or dr ink, and a suitable sheltered place shall be provided in which to consume such food or dr ink. (H) Except as pr ovided in subsections (D) and (F), this section shall not apply to any employee cov ered by a v alid collectiv e bargaining ag reement if the ag reement expressly pr ovides for the w ages, hours of wor k, and wor king conditions of the empl oyee s, and if the ag reement pr ovides premium wage r ates for all over time hours worked and a regular hour ly rate of pay f or those empl oyees of not less than 30 percent more than the state mini mum wage. (I) Notwithstanding subsection (H) above, where the empl oyer and a labor organization representing employees of the empl oyer have entered into a v alid collective bargaining ag reement per taining to the hours of work of the empl oyees, the requirement regarding the equivalent of one (1) day’s rest in sev en (7) (see section (F) abov e) shall appl y, unless the ag reement expressly pr ovides otherwis e. (J) If an empl oyer appr oves a written request of an empl oyee to ma ke up work time that is or w ould be lost as a result of a personal obligation of the empl oyee, the hours of that makeup work time, if per formed in the same workw eek in which the wor k time was lost, may not be counted toward computing the total number of hours worked in a day f or pur poses of the over time re quirement s, except f or hours in e xcess of 11 hours of work in one (1) day or 40 hours of work in one (1) workw eek. If an empl oyee kno ws in adv ance that he or she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of w eek s, the empl oyee may request to ma ke up work time for up to four (4) weeks in adv ance; pr ovided, however , that the make up work must be performed in the same week that the work time was lost. An empl oyee shall pr ovide a signed w ritten request f or each occasion that the empl oyee makes a request to ma ke up work time pursuant to this subsection. W hile an empl oyer may inform an empl oyee of this ma keup time option, the empl oyer is prohibited from encour aging or otherwise soliciting an employee to request the empl oyer’s appr oval to take personal time off and ma ke up the work hours within the same workw eek pursuant to this subsection. —5 4. MINIMUM WA GES (A) Every empl oyer shall pay to each employee wages not less than the following: (1) Any employer who employs 26 or more employees shall pay to each employee wages not less than the following: (a) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2017; (b) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2018; (c) Twelve dollars ($1 2.00) per hour for all hours worked, effective January 1, 201 9; and (d) Thirteen dollars ($1 3.00) per hour for all hours worked, effective January 1, 20 20;(2) Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: (a) Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017; (b) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018; (c) Eleven dollars ($1 1.00) per hour for all hours worked, effective January 1, 20 19; and (d) Twelve dollars ($1 2.00) per hour for all hours worked, effective January 1, 20 20. Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are treated as employees of that single taxpayer. LEARNERS: Employees du ring their first 160 hours of employ ment in occupations in which th ey have no prev ious similar or related ex pe rience, may be paid not less than 85 percent of the mini mum wa ge rounde d to the nearest nickel. (B) Every employe r shall pay to each employee, on the establ ished payday fo r the period invo lved, not less than the applicabl e minimu m wage for all hours worke d in the pay roll peri od, whether the remu neration is measured by tim e, piece, commission, o r otherwise. (C) When an employe e work s a split shift, one hour ’s pay at the minimu m wa ge shall be paid in addition to the minimu m wa ge fo r that work d ay, ex cept when the employe e resides at the p lace of employ ment. (D) The prov isions of this section shall not apply to apprentices regularl y indentured under the State Division of Apprenticeship S tandards. 5. REPO RTING TIME PAY (A)Each wor kday an empl oyee is required to report f or work and does repor t, but is not put to work or is fu rnished less than half said empl oyee’s usual or scheduled day’s wor k, the empl oyee shall be paid f or half the usual or scheduled day’s wor k, b ut in no ev ent for less than two (2) hours nor more than f our (4) hour s, at the empl oyee’s regular rate of pay, which shall not be less than the mini mum wage. (B) If an empl oyee is required to report f or work a second time in any one wor kday and is furnished less than two hours of wor k on the second repor ting, said employee shall be paid f or two (2) hours at the employee’ s regular rate of pay , which shall not be less than the mini mum wag e. (C) The foregoing repor ting time pay provisions are not applicab le when: (1) Ope rations cannot commence or conti nue due to threats to empl oyees or proper ty; or when recommended by civil author ities; or (2) Public utilities fail to supply electr icity, w ater , or gas , or there is a f ailure in the pub lic utilities, or s ewer system; or (3) The inter ruption of wor k is caused by an Act of God or other cause not within the empl oyer’s control. (D) This section shall not apply to an empl oyee on paid stand by status who is called to per form assigned work at a time other than the empl oyee’ s scheduled repor ting time. 6.LICENSES FOR DISABLED W ORKERS (A)A license may be issued by the Division author izing empl oyment of a person whose earning capacity is impaired by ph ysical disability or mental deficiency at less than the mini mum wage . Such licenses shall be granted only upon joint application of employer and empl oyee and empl oyee’ s representati ve if any. (B) A special license may be issued to a nonprofit organization such as a sheltered wor kshop or rehabilitation f acility fixing special minim um rates to enab le the employment of such persons without requi ring individual licenses of such empl oyees. (C) All such licenses and special licenses shall be renewed on a y early basis or more frequently at the discretion of the Division. (See Cali fornia Labor Code , Sections 1191 and 1191.5) 7.RECORDS (A) Ever y empl oyer shall keep accur ate information with respect to each empl oyee including the f ollowing: (1) Full nam e, home addres s, occupation and social secur ity number. (2) Birth date , if under 18 y ears, and designation as a minor. (3) Time records sh owing when the empl oyee begins and ends each work period. Meal pe riods, split shift interv als and total daily hours worked shall also be recorded. Meal periods during which operations c ease and authoriz ed rest periods need not be r ecorded. (4)Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to th e e mpl oyee. (5) Total hours worked in the payroll period and applica ble rates of pay. This infor mation shall be made readily availa ble to the e mployee u pon reasonab le r equest. (6) When a piece rate or incenti ve plan is in oper ation, piece rates or an explanation of the incenti ve plan formula shall be prov ided to e mployees. An a ccura t e production record s hall be maintained by the employer. (B) Every employe r s hall semimonthly or at the time of each pay ment of wages furnish each employee, either as a detachabl e part of the check , draft, or vo ucher pay ing the employe e’s wages, or separa tel y, an itemize d statement in writing show ing: (1) all deductions; (2) the inclusive dates of the period fo r which the employe e is paid; (3) the name of the employe e or the employe e’s social security number; and (4) the name of the employer, provided all deductions made on wri tten orders of the employe e may be aggr egated and show n as one item. —6 8. CASH SHO RTAGE AND BREAK AGENo empl oyer shall ma ke any deduction from the w age or require any reimbursement from an empl oyee for any cash shor tage, breakage, or loss of equipment, unless it can be shown that the shor tage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the empl oyee. 9.UNIFORMS AND EQUIPMENT (A)When uni forms are required by the empl oyer to be worn by the empl oyee as a condition of empl oyment, such uni forms shall be provided and maintained by the empl oyer. The term “uniform” includes wear ing apparel and accesso ries of distinctiv e design or color. NOTE: This section shall not apply to protecti ve apparel regulated b y the Occupational Saf ety and Health Standards Board. (B) When tools or equipment are required by the empl oyer or are necessary to the performance of a job, such tools and equipment shall be pr ovided and maintained by the empl oyer, except that an empl oyee whose w ages are at least tw o (2) times the minimum w age provided herein may be required to provide and maintain hand tools and equipment customar ily required by the trade or cr aft. This subsection (B) shall not apply to apprentices regular ly indentured under the State Division of Apprenticeship Standards. NO TE: This section shall not apply to protecti ve equipment and saf ety devices on tools regulated by the Occupational Saf ety and Health Standards Board. (C) A reasonab le deposit may be required as secu rity for the return of the items fu rnished by the empl oyer under pr ovisions of subsection (A) and (B) of this section upon issuance of a receipt to the empl oyee for such deposit. Such deposits shall be made pursuant to Section 400 and f ollowing of the Labor Code or an empl oyer with the pr ior wr itten author ization of the empl oyee ma y deduct from the empl oyee’s last check the cost of an item fu rnished pursuant to subsections (A) and (B) above in the ev ent said item is not retur ned. No deduction shall be made at any time for nor mal wear and tear. The empl oyee upon completion of the job shall retur n all items fur nished by the empl oyer. 10.MEALS AND LODGING (A)“Meal” means an adequate , w ell -balanced ser ving of a variety of wholesom e, n utritious foods. (B) “Lodging” means living accommodations availa ble to the empl oyee f or full -time occupanc y, which are adequat e, decent, and sanitar y according to usual and customar y standards. Employees shall not be required to share a bed. (C) Meals or lodging may not be credited against the mini mum wage without a v oluntary wr itten agreement bet ween the em- pl oy er and the empl oyee. When credit f or meals or lodging is used to meet part of the empl oyer’s mini mum wage obligation, the amounts so credited m ay not be more than the foll owing: (D)Meals evaluated, as pa rt of the mini mum wage m ust be bona fide meals consistent with the empl oyee’s work shift. Deductions shall not be made for meals not recei ved or lodging not used. (E) If, as a condition of empl oyment, the empl oyee m ust live at the place of empl oyment or occu py quar ters owned or under the control of the empl oyer, then the empl oyer m ay not charge rent in excess of the v alues listed herein. 11.MEAL PERIODS (A)No empl oyer shall empl oy any person f or a work per iod of more than five (5) hours without a meal period of not less than 30 minutes, e xcept that when a work period of not more than six (6) hours will complete the day’s work the meal per iod may be w ai ved by m utual consent of the empl oyer and empl oyee. In the case of empl oyees cov ered by a v alid collective bargaining ag reement, the parties to the collective bargaining ag reement may ag ree to a meal per iod that commences after no more than six (6) hours of work. (B) An empl oyer may not empl oy an empl oyee f or a work period of more than ten (10) hours per day without providing the empl oyee with a second meal per iod of not less than 30 minutes, e xcept that if the total hours worked is no more than 12 hour s, the second meal per iod may be waived by m utual consent of the empl oyer and the empl oyee only if the first meal pe riod w as not w ai ved. —7 Room occupied alone ........................................................... $ 51 . 73/ week $6 1.1 3/ week $ 56. 43/ week Room shared ....................................................................... $42.70/ week $50.46/ week $46.58 / week Apartment — two thirds (2/3) of the ordinary renta l value, and in no event more than ................................................................. Where a couple are both employed by the employer, two thirds (2/3) of the ordinary renta l value, and in n o event more than ... ....... MEALS Breakfast ........................................................................\ .... $3. 98 $4 .70 $ 4.34 Lunch ................................................................................. $5. 47 $6.47 $ 5.97 Dinner ................................................................................ $7 .34 $8 .68 $8.01 $621.28/ month $919.02/ month $677.75/ month $1086.07/ month $734.21/ month $1002.56/month $1002.56/ month $677.75/ month $46.58/ week $56.43/ week LODGING J ANUARY 1, 2017 26 or More 25 or Fewer Employees Employees EFFECTIVE : For an employer wh o employs: $49. 38/ week $4 0.76 / week $3. 80 $5.22 $7.09 $ 593.05 / month month $877.2 7/$47.03 / week $38.82/ week $3.62 $4 .97 $ 6.68 $564.81 / month month $835.49 /$51 .73/ week $42 .70/ week $3 .98 $5.47 $7.35 $6 21.29 / month month $919.0 4/$49.38 / week $4 0.76 / week $3. 80 $5.22 $7.01 $593.05/ month month $877.2 6/ $4.34 $5.97 $8.01 J ANUARY 1, 2018 26 or More 25 or Fewer Employees Employees J ANUARY 1, 2019 26 or More 25 or Fewer Employees Employees J ANUARY 1, 2020 26 or More 25 or Fewer Employees Employees (C) All required rec ords shall be in the English language and in ink or other indelible form, properly dated, showing month, day, and year and shall be kept on file by the employer for at least three (3) years at the place of employment or at a central location within the State of California. An employee’s records s hall be available for inspection by the employee upon reasonable request. (D) Clocks shall be provided in all major work areas or within reasonable distance thereto ins ofar as practicable. (B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. (C) Unless the employe e is relieve d of all duty during a 30 minu te meal period, the meal period shall be considered an “on duty” meal period and counted as time worke d. An “on duty” meal period shall be perm itted only when the nature of the work preve nts an employe e from being relieve d of all duty and when by wri tten agreement between the part ies an on-t he-job paid meal peri od is agr eed to. The wri tten agr eement shall state that the employe e may, in wri ting, revoke the agreement at any time. (D) If an employe r fails to prov ide an employe e a meal period in accordance with the applic able prov isions of this order, the employe r s hall pay the employe e one (1) hour of pay at the employe e’s regular ra te of compensation fo r each work day that the meal peri od is not prov ided. (E) In all places of employ ment where employe es are required to eat on the premises, a suitable place for that purp ose shall be designated. 12.REST PERIODS (A) Every employer shall authorize and permit all empl oyees to take rest per iods, which inso far as pr actica ble shall be in the middle of each work period. The authoriz ed rest per iod time shall be based on the total hours worked daily at the r ate of ten (10) mi nutes net rest time per f our (4) hours or major f raction thereof. However, a rest period need not be authoriz ed for empl oyees whose total daily work time is less than three and one- half (3 1/2) hour s. Authoriz ed rest per iod time shall be counted as hours worked for which there shall be no deduction from wages. (B) If an empl oyer fails to pr ovide an empl oyee a rest per iod in accordance with the applicab le pr ovisions of this orde r, the empl oyer shall pay the empl oyee one (1) hour of pay at the empl oyee’s regular rate of compensation f or each work day that the rest per iod is not pr ovided. 13.CHANGE ROOMS AND RESTING FA CILITIES (A) Empl oyers shall pr ovide suitab le lo cker s, closet s, or equi valent f or the safek eeping of empl oyees’ outer clothing during work- ing hour s, and when required, f or their work clothing during non-wor king hour s. When the occupation requires a change of clothing, change rooms or equi valent space shall be pr ovided in order that empl oyees may change their clothing in reasona ble priv acy and com fort. These rooms or spaces m ay be adjacent to but shall be separ ate from toilet rooms and shall be kept clean. NO TE: This section shall not apply to change rooms and storage f acilities regulated by the Occupational Sa fety and Health Standards Board. (B) Suitab le resting facilities shall be provided in an area separate from the toilet rooms and shall be av ailable to empl oyees dur ing work hour s. 14.SEATS (A) All wor king empl oyees shall be provided with suita ble seats when the nature of the work reasonably per mits the use of seats. (B)When empl oyees are not engaged in the active duties of their empl oyment and the nature of the work requires standing, an adequate n umber of suita ble seats shall be placed in reasonable pr oximity to the work area and employees shall be per mitted to use such seats when it does not inter fere with the per formance of their duties. 15. TEMPER ATURE (A) The tempe rature maintained in each work area shall pr ovide reasonab le com fort consistent with industry- wide standards f or the nature of the process and the work per formed. (B) If e xcessive heat or humidity is created by the work process, the empl oyer shall take all feasi ble means to reduce such e xcessive heat or humidity to a degree pr oviding reasonab le com fort. W here the nature of the empl oyment requires a temper ature of less than 60° F., a heated room shall be provided to which empl oyees may retire for war mth, and such room shall be maintained at not less than 68°. (C) A tempe rature of not less than 68° shall be maintained in the toilet rooms, resting rooms, and change rooms dur ing hours of us e. (D) Feder al and State energy guidelines shall pr evail over a ny conflicting pr ovision of this section. 16. ELE VATORS Adequate elev ator, escalator or similar se rvice consistent with industry- wide standards for the nature of the process and the wor k per formed shall be pr ovided when empl oyees are empl oyed four floors or more abov e or below ground l evel. 17. EXEMPTIONS If, in the opinion of the Division after due inv estigation, it is f ound that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting F acilities; Section 14, Seats; Section 15, Tempe rature; or Section 16, El ev ator s, w ould not mater ially af fect the w elfare or com fort of empl oyees and w ould work an undue hardship on the empl oyer, ex emption may be made at the discretion of the Division. Such exemptions shall be in wr iting to be effecti ve and may be revok ed after reasonab le notice is gi ven in wr iting. Application f or ex emption shall be made by the empl oyer or by the empl oyee and/or the empl oyee’s representati ve to the Division in wr iting. A copy of the application shall be posted at the place of empl oyment at the time the application is filed with the Division. 18.FILING REPO RTS (See Cali fornia Labor Code , Section 1174(a)) —8 19.INSPECTION (See Cali fornia Labor Code , Section 1174) 20.PENA LTIES (See California Labor Code , Section 1199) (A) In addition to any other civil penalties provided by law, any empl oyer or any other person acting on behalf of the employer who violates , or causes to be violated, the pr ovisions of this order , shall be subject to the civil penalty of: (1) Initial Violation — $50.00 for each under paid empl oyee f or each pay period during which the empl oyee w as unde rpaid in addition to the amount which is sufficient to rec over unpaid w ages. (2) Subsequent Violations — $100.00 f or each under paid employee f or each pay period during which the empl oyee w as under paid in addition to an amount which is sufficient to rec over unpaid w ages. (3) The af fected empl oyee shall recei ve pa yment of all wages rec overed. (B) The Labor Commissioner may also issue citations pursuant to Cali fornia Labor Code Section 1197.1 for non-pa yment of w ages for over time work in violation of this order. 21. SEP ARABILIT Y If the application of any provision of this order, or any section, subsection, subdivision, sentenc e, claus e, phr ase, w ord, or portion of this order should be held inv alid or unconstitutional or unauthoriz ed or prohibited by statute, the remaining provisions thereof shall not be affected thereby, b ut shall conti nue to be given full force and effect as if the part so held inv alid or unconstitutional had not been included herein. 22.POSTING OF OR DER Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read dur ing the wor kday. Where the location of work or other conditions ma ke this imp ractical, every employer shall keep a copy of this order and mak e it available to ever y employee upon request. Q UESTIONS ABOUT ENFORCEMENT of the Industr ial Welfare Commission orders and report s of violations should be directed to the Labor Commissioner's Office. A listing of offices is on the back of this wa ge order. For the address and telephone number of the office nearest you, information can be found on the internet at http:// www.dir.ca.gov/DLSE/dlse.html or under a search for "California Labor Commissioner's Office" on the internet or any other directory. The Labor Commissioner has offices in the following cities: Bake rsfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bern ardino, San Diego, San Fra ncisco, San Jose, Santa Ana, Santa Barbara, Santa R osa, Stock ton, Van N uys. SUMMARIES I N OTHER L AN GUA GES Th e Depar tment of 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 f or such su mmaries to the Depar tment at: P.O . Bo x 420603, San F rancisco, CA 941 42-0603. RESUMEN EN OTRO S IDIOMAS El Departa mento 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 posible hacerlo. Envíe por correo su pedido por dicho s resúmenes al De- pa rtamento a: P.O. Bo x 420603, San Francisco, CA 94142 -0603. Department of Industrial Relations P.O. Bo x 420603 San Francisco, CA 94142 -0603 —9
More California Labor Law Posters 34 PDFS
Minimum-Wage.org provides an additional 33 required and optional California labor law posters that may be relevant to your business. Be sure to also print and post all required state labor law posters, as well as all of the mandatory federal labor law posters.
|California Poster Name||Poster Type|
|Required Workplace Discrimination and Harassment Poster||Workplace Violence Law|
|Required Notice to Employees - Injuries caused by Work||Workers Compensation Law|
|Required Whistleblower Notice||Whistleblower Law|
|Required Unemployment Insurance Benefits||Unemployment Law|
|Required Unemployment Insurance Benefits (Spanish)||Unemployment Law|
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