California Industrial Welfare Commission (IWC) Wage Order #12 Motion Picture Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 12- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
MOTION  PICTURE  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 1112 (Rev.  11/2022 ) 
OSP 06  98770

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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  section1182.12 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 motion picture industry, including extra players, teachers, and  welfare	 	
workers, whether  paid  on a  time,  piece  rate, commission,  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  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.  §§ 541.102, 541.104-111, 541.115-116). 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  carrying  
out  exempt  functions.  The  work  actually  performed  by the  employee  during the course  of the  work  week  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 §  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 employer or his  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  of 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.  §§ 541.201 -205,  541.207- 208, 541.210,  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  work  week  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.  	
 	 	 	 	 	 	 	
 	 	
 	  	 	 	 	
 	
 	 	 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	  	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O. 12- 2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
M	O	T	ION	 PIC	T	U	R	E	 IND	U	S	T	R	Y

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For further information or to file your complaints, visit https://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