California Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation 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 amusement and recreation industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the amusement and recreation 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.
OFFICIAL NOTICE INDUSTRIAL WELFARE COMMISSION ORDER NO. 10- 2001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE AMUSEMENT AND RECREATION INDUSTRY Effective January 1, 2002 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2023 , pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This Order Must Be Posted Where Employees Can Read It Easily IWC FORM 1110 (Rev. 11/2022 ) OSP 06 98768 — 1 TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission’ s Orders as a result of legislation enacted ( SB 3, Ch. 4 , Stats of 2016 , amending section 1182.12 of the California Labor Code) , and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC ’s Orders. 1. APPLICABILITY OF ORDER This order shall apply to all persons employed in the amusement and recreation industry whether paid on a time, piece rate, com - mission, or other basis, except that: (A) Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections: (1) Executive Exemption. A person employed in an executive capacity means any employee: (a) Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision thereof; and (b) Who customarily and regularly directs the work of two or more other employees therein; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) Who customarily and regularly exercises discretion and independent judgment; and (e) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104- 111, and 541.15- 116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for ca rrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. (f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full -time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. (2) Administrative Exemption. A person employed in an administrative capacity means any employee: (a) Whose duties and responsibilities involve either: (i) The performance of office or non- manual work directly related to management policies or general business operations of his/her employer or his/her employer’s customers; or (ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (b) Who customarily and regularly exercises discretion and independent judgment; and (c) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section); or (d) Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (e) Who executes under only general supervision special assignments and tasks; and (f) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the INDUSTRIA L WEL FARE CO MMISSI ON O RDER N O. 10- 2001 REGULATING WAGES, HO URS AND WORKING CO NDITIONS IN THE A M US EME N T A N D RECR E A TION IND U S T R Y — 9 middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages. (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided. (C) A crew member employed on a commercial passenger fishing boat who is on an overnight trip within the meaning of Section 4(E) shall receive no less than eight (8) hours off -duty time during each 24- hour period. 13. CHANGE ROOMS AND RESTING FACILITIES (A) Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean. NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board. (B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours. 14. SEATS (A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats. (B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties. 15. TEMPERATURE (A) The temperature maintained in each work area shall provide reasonable comfort consistent with industry -wide standards for the nature of the process and the work performed. (B) If excessive heat or humidity is created by the work process, the employer shall take all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort. Where the nature of the employment requires a temperature of less than 60° F., a heated room shall be provided to which employees may retire for warmth, and such room shall be maintained at not less than 68°. (C) A temperature of not less than 68° shall be maintained in the toilet rooms, resting rooms, and change rooms during hours of use. (D) Federal and State energy guidelines shall prevail over any conflicting provision of this section. 16. ELEVATORS Adequate elevator, escalator or similar service consistent with industry -wide standards for the nature of the process and the work performed shall be provided when employees are employed four floors or more above or below ground level. 17. EXEMPTIONS If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division. 18. FILING REPORTS (See California Labor Code, Section 1174(a)) 19. INSPECTION (See California Labor Code, Section 1174) 20. PENALTIES (See California Labor Code, Section 1199) (A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of: (1) Initial Violation — $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to the amount which is sufficient to recover unpaid wages. (2) Subsequent Violations — $100.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to an amount which is sufficient to recover unpaid wages. — 10 (3) The affected employee shall receive payment of all wages recovered. (B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1 for non- payment of wages for overtime work in violation of this order. 21. SEPARABILITY If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein. 22. POSTING OF ORDER Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request. QUESTIONS ABOUT ENFORCEMENT of the Industrial Welfare Commission orders and reports of violations should be directed to the Labor Commissioner's Office. A listing of offices is on the back of this wage order. For the address and telephone number of the office nearest you, information can be found on the internet at http://www.dir.ca.gov/DLSE/dlse.html or under a search for "California Labor Commissioner's Office" on the internet or any other directory. The Labor Commissioner has offices in the following cities: Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys. SUMMARIES IN OT HER L ANGUA GES RESUMEN EN OTROS IDIOMAS — 11 For further information or to file your complaints, visithttps://www.dir.ca.gov/dlse/dlse.html or contact the State of California at the following department offices: California Labor Commissioner's Office , also known as, Division of Labor Standards Enforcement (DLSE) BAKERSFIELD Labor Commissioner's Office/DLSE REDDING Labor Commissioner's Office/DLSE SAN JOSE Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-225 -2655 100 Paseo De San Antonio, Room 120 San Jose, CA 95113 408-277 -1266 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 92 243 760 -353 -0607 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916 -263 -1811 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 9270 7 714 -558 -4910 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 SANTA BARBARA Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Fresno, CA 93710 Salinas, CA 93901 Santa Barbara, CA 93101 559 -244 -5340 831 -443 -3041 805 -568 -1222 LONG BEACH SAN BERNARDINO Labor Commissioner's Office/DLSE 300 Oceangate, 3 rd Floor Labor Commissioner's Office/DLSE 464 West 4 th Street, Room 348 SANTA ROSA Labor Commissioner's Office/DLSE Long Beach, CA 90802 San Bernardino, CA 92401 50 ?D? Street, Suite 360 562 -590 -5048 909 -383 -4334 Santa Rosa, CA 95404 707 -576 -2362 LOS ANGELES SAN DIEGO Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE STOCKTON 320 W. Fourth St., Suite 450 7575 Metropolitan Dr., Room 210 Labor Commissioner's Office/DLSE Los Angeles, CA 90013 San Diego, CA 92108 31 E. Channel Street, Room 317 213 -620 -6330 619 -220 -5451 Stockton, CA 95202 209 -948 -7771 OAKLAND SAN FRANCISCO Labor Commissioner's Office/DLSE 1515 Clay Street, Room 801 Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10 th Floor VAN NUYS Labor Commissioner's Office/DLSE Oakland, CA 94612 San Francisco, CA 94102 6150 Van Nuys Boulevard, Room 206 510 -622 -3273 415 -703 -5300 Van Nuys, CA 91401 818 -901 -5315 OAKLAND – HEADQUARTERS Labor Commissioner's Office/DLSE 1515 Clay Street, Room 1302 Oakland, CA 94612 510 -285 -2118 [email protected] EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures. Only the results of the alternative workweek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142- 0603 (415) 703- 4780 Prevailing Wage Hotline (415) 703- 4774
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