California Industrial Welfare Commission (IWC) Wage Order #1 Manufacturing Industry Poster

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