California Industrial Welfare Commission (IWC) Wage Order #16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Poster
The Industrial Welfare Commission (IWC) Wage Order #16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining 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 certain on-site occupations in the construction, drilling, logging and mining industries.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the certain on-site occupations in the construction, drilling, logging and mining 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 N OTICE INDUSTRIA L WELFARE COMMISSION ORDER NO . 16-2001 REGUL A TING W AGES , HOUR S AND WORKING CONDITI ONS IN THE CE RTAIN ON-SIT E OCCU PA TIONS IN THE CONSTRUCTION, DRILLING, LOGGING AND MINING INDUSTRIES Effective Janua ry 1, 2002 as amended Sections 4(A) and 9( C) amended and republished by the Department of Industrial Relations, ef fective January 1, 2019, pursuant to S B 3, Chapter 4 , Statutes of 201 6 and section 1182.13 of the Labor Co d e This Order Must Be Posted Where Employees Can Read It Easily IWC FORM 1114 (Rev. 11/2018) OSP 06 98774 — 2 • • Please Post With This Side Showing OFFICIAL NOTICE Effective January 1, 2002 as amended Sections 4(A) and 9( 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 INDUSTRIA L WELFARE COMMISSION ORD ER NO . 16-2001 REGUL ATING WAG ES, HOUR S AND WORKIN G CONDITION S IN THE CERTAIN ON-SITE OCCUPATIONS IN THE CONSTRUCTION, DRILLING, LOGGING, AND MINING INDUSTRIES TAKE NOTICE: To employers and representativ es of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the 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 of 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 on-site occupations of const ruction, including but not limited to work involving alteration, demolition, building, e xcavating, renovation, remodeling, maintenance, improvement, and repair work, and work f or which a contractor ’s license is required by the California Business and Professions Code, Division 3, Chapter 9, Sections 7025 et seq.; drilling, including b ut not limited to all work required to drill, establish, repair, and rework wells f or the exploration or e xt raction of oil, gas, or w ater resources; logging work f or which a timber operator’s license is required pursuant to California Public Resources Code Sections 4571 through 4586; and mining (not covered by Labor Code Section 750 et seq. ), including all wor k required to mine and/or establish pits, quarrie s, and surface or under ground mines f or the purposes of exploration or extracti on of nonmetallic minerals and ores, coal, and building materials such as stone and gr avel, whether paid on a time, piece r ate, com- mission, or other basis , except that: (A) The pr ovisions of Sections 3 through 11 shall not apply to pers ons employed in administr ative, executive, or professional capacities. No person shall be considered to be empl oyed in an administr ative, executi ve, or professional capacity unless the person is primarily engaged in the duties which meet the test of the exemption, and earns a monthly salary equivalen t to not less than (2) two times the state minim um wage for full-time employment. The duties that meet the test of the ex emption are one of the following set of conditions: (1) The employ ee is engaged in wor k which is primar ily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment; or (2) The employ ee is licensed or ce rtif ied by the State of California, and is engaged in the practice of one of the following recogniz ed professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounti ng, or the employ ee is engaged in an occupation that is commonly recogniz ed as a lear ned or artistic profession; provided, however, that pharmacists employ ed to engage in the pr actice of pharmacy, and registered nurses employ ed to engage in the pr actice of nursing, shall not be considered exempt pr ofessional employees, nor shall they be considered exempt f rom coverage for the purposes of this section unless th ey individually meet the criteria established for exemption as executive or administr ative employ ees. (3) To the extent that there is no conflict with California law (Labor Code Section 515(e) requires than an employ ee be ―p rimar ily‖ engaged in ex empt wor k, which means more than one-half of the employ ee’s work time. Thus the ―p rimary duty‖ test set for th in feder al regulations does not appl y.), the duties that meet the test of the administr ative and ex ecutive exemptions are defined as set for th in the following sections of the Code of Feder al Regulations as th ey existed as of the date of this w age order : 29 C.F .R. Sections 541.1 (a) -(c), 541.102, 541.104, 541.105, 541.106, 541.108, 541.109, 541.111, 541.115, and 541.116 (defining ex ecutive duties); 29 C.F.R. Sections 541.2 (a)-(c), 541.201, 541.205, 541.208, and 541.210 (defining administ rati ve duties). (4) For the purposes of this section, ―full-time emplo yment‖ means employment in which an employee is employ ed for 40 hours per week. (B) Except as pr ovided in Sections 1, Applicability; 2, Definitions; 4, Minim um Wages; 9, Meals and Lodging; and 18, Penalties , the pr ovisions of this order shall not apply to any employ ees directly employ ed by the State or any political subdivision thereof , including any city, county, or special district. (C) The provisions of this order shall not apply to outside salespersons. (D) The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer. (E) The provisions of this order shall not apply to any individual participating in a nati onal service pro gram, such as Ameri- Co rps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.) — 3 (F) This order supersedes any industry or occupational order f or those employ ees employ ed in occupations covered by this orde r. 2. DEFINITIONS (A) ―Alte rnati ve workw eek schedule‖ means any regular ly scheduled workw eek proposed by an employer who has control over the wage s, hour s, and working conditions of the employ ees, and ratified by an employee work unit in a neutr al secret ballot election, that requires an employ ee to work more than eight (8) hours in a 24-hour period. (B) ―Commission‖ means the Industrial W elfare Commission of the State of California. (C) ―Const ruction occupations‖ mean all job classifications associated with construction, including b ut not limited to work in- volving alteration, demolition, building, e xcavation, renovation, remodeling, maintenance, improvement, and repair work, by the California Business and Professions Code, Division 3, Chapter 9, Sections 7025 et seq., and a ny other similar or related occupa- tions or tr ades. (D) ―Division‖ means the Division of Labor Standards Enforcement of the State of California. (E) ―Drilling occupations‖ mean all job classifications associated with the exploration or ext raction of oil, gas, or w ater resources wor k, including b ut not limited to the installation, establishment, reworking, maintenance or repair of wells and pumps by boring, dr illing, e xcavating, casting, cementing and cleaning for the e xtraction or co nveyance of fluids such as water, steam, gases, or petroleum. (F)―Emergency‖ means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action. (G) ―Empl oy‖ means to engage, suffer, or permit to wor k. (H) ―Empl oyee‖ means any person employ ed by an employer. (I) ―Empl oyer‖ means any person as defined in Section 18 of the Labor Cod e, who directly or indirectly, or through an agent or any other person, employs or exercises control over the w ages, hour s, or working conditions of any person. (J) ―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. (K)―Logging occupations‖ mean any work for which a timber operator ’s license is required pursuant to California Public Re- sources Code Sections 4571-4586, including the cutting or remov al or both of timber or other solid w ood forest products, including Ch ristmas trees, from timberlands f or commercial purposes, together with all the work that is incidental thereto, including b ut not limited to construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, beds f or the falling of trees, and fire hazard abatement. (L) ―Mining occupations‖ mean miners and other associated and related occupations (not covered by Labor Code Sections 750 et seq. ) required to engage in excavation or ope rations above or bel ow ground including work in mines, quarrie s, or open pits, used f or the purposes of exploration or ext raction of nonmetallic minerals and ores, coal, and building materials such as stone, gravel, and rock, or other materials intended for manufacture or sale , whether paid on a time, piece rate, commission, or other basis. (M) ―Minor‖ means, f or the purpose of this order, any person under the age of 18 years as defined by Labor Code Sections 1285- 1312 and 1390 -1399. (N) ―Outside salesperson‖ means any person, 18 years of age or over, who customar ily and regular ly wor ks more than half the working time away from the employ er’s place of business selling tangib le or intangib le items or obtaining orders or contracts f or products, se rvices or use of facilities. An ―outside salesperson‖ does not include an employ ee who makes deli veries or service calls for the purpose of installing, replacing, repairing, removing, or servicing a product. (O)―Primar ily‖ means more than one-half the employ ee’s work time. ( P) ―Regula rly scheduled workw eek‖ means a schedule where the length of the shift and the number of days of work are pre- designated pursuant to an alter native workweek schedule. (Q) ―Split shift‖ means a work schedule, which is interr upted by non-paid non-working periods established by the em ployer, other than bona fide rest or meal periods. (R)―W ages‖ are as defined by California Labor Code Section 200. (S) ―Wor kday‖ and ―day‖ mean any consecutiv e 24-hour period beginning at the same time each calendar day. (T) ― Workw eek‖ and ―w eek‖ mean any sev en (7) consecutive days, starting with the s ame calendar day each week. ―Workw eek‖ is a fix ed and regula rly recurring period of 168 hours , seven (7) consecutiv e 24-hour periods. (U) ―Work unit‖ means all nonexempt employ ees of a single employ er within a given craft who share a common work site. A w ork unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection are met. 3. HOURS AND DAYS OF WORK (A) Daily Overtime - General Provisions (1) The following overtime provisions are applicab le to employ ees 18 years of age or over and to employ ees 16 or 17 years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employ ees shall not be employ ed more than eight (8) hours in any wor kday or more than 40 hours in any workw eek unless the employee receives one and one-half (1 1 /2 ) times such employ ee’s regular r ate of pay for all hours work ed over 40 hours in the workweek. Employment b eyond eight (8) hours in any workday or more than six (6) days in any workw eek is permissib le pr ovided the employee is compensated for such overtime at not less than: (a) One and one-half (11 /2 ) times the employ ee’s regular r ate of pay f or all hours work ed in excess of eight (8) hours up to and including 12 hours in a ny wor kday, and for the first eight (8) hours worked on the seventh (7th) consecutiv e day of work in a workweek; and (b) Doub le the employ ee’s regular r ate of pay f or all hours work ed in excess of 12 hours in any wor kda y and f or all hours worked in excess of eight (8) hours on the seventh (7th) consecutiv e day of work in a workweek. (c) The overtime r ate of compensation to be paid to a nonexempt full-time salaried employ ee shall be computed b y — 4 using one-fortieth (1/40) of the employ ee’s weekly salary as the employ ee’s regular hourly rate of pay. (B ) Alter native Workweek Schedules (1) No employer, who has control over the w ages, hour s, and wor king conditions of employ ees, shall be deemed to hav e violated the pr ovisions of Section 3, Hours and Days of Wor k, by instituting, pursuant to the election procedures set for th in this order, a regularly scheduled alter native workweek pursuant to the following conditions: (a) The alter native workw eek schedule shall provide f or work by the af fected employ ees of no longer than ten (10) hours per day within a 40 hour workw eek wi thout the payment to the af fected employees of an overtime r ate of compensation pursuant to this section. (b)An af fected employ ee working longer than eight (8) hours but no more than ten (10) hours in a day pursuant to an alter native workw eek schedule adopted pursuant to this section shall be paid an overtime r ate of c ompensation of not less than one and one-half (11 /2 ) times the regular r ate of pay of the employ ee for any work in excess of the regular ly scheduled hours established by the alter native workweek agreement and for an y work in excess of 40 hours per week. (c) An overtime r ate of compensation of not less than dou ble the employ ee’s regular r ate of pay shall be paid for any work in excess of 12 hours per day and for any work in excess of eight (8) hours on those days wo rked bey ond the regular ly scheduled wor kdays established by the alter native workweek agreement. (d) An employ er shall not reduce an employ ee’s regular rate of hour ly pay as a result of the adoption, repeal or nullification of an alter native workweek schedule. (e) An employ er shall ma ke a reasonab le effort to find a work schedule not to exceed eight (8) hours in a workday to accommodate any affected employee who was eligible to vote in an election authoriz ed by this section and who is unable to work the alter native schedule established as the result of that election. Employ ees af fected by a change in work hours resulting from the adoption of an alter native workw eek s chedule shall not be required to w ork those new work hours f or at least 30 days after the announc ement of the final results of the election. (f)An employ er shall be permitted, b ut not required, to provide a work schedule not to exceed eight (8) hours in a wor kday to accommodate any employ ee who was hired after the date of the el ection and who is una ble to work the alter native schedule established as the result of that election. (g)An employ er shall explore any availab le reasonab le alter native means of accommodating the religious belief or observance of an affected employ ee that conflicts with an adopted alternative workw eek schedule, in the manner provided b y Government Code Section 12940(j). (h)Notwithstanding paragraph (B)(1), subpara graphs (a)-(c), for employ ees working in offshore oil and gas produc- tion, drilling, and servicing occupations, as well as for employ ees working in onshore oil and gas separation occupations directly se rvicing offshore operations, an alter native workw eek schedule may authorize work by the affected employ ees of no longer than 12 hours per day within a 40 hour workweek without the payment to the affected employees of an overtime rate of compensation. Employ ees working pursuant to an alter native workw eek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than two (2) times their regular r ate of pa y in excess of the regular ly scheduled hours established b y the alter native workw eek agreement, and for one and one-half (11 /2 ) times their regular r ate of pay f or any work in excess of 40 hours per week. The other provisions of this section, including those governing elections, shall apply to these occupations. (i)In no case shall an alternative workw eek r equiring more than eight (8) hours of work in a day be utiliz ed on a public wor ks contract in violation of Labor Code Sections 1810- 1815. (C) Election Procedures Election procedures for the adoption and repeal of alternativ e workweek schedules require the following: (1) Each proposal for an alternativ e workweek schedule shall be in the form of a written agreement proposed by the em- pl oy er who has control ov er wages, hours, and working conditions of the af fected employ ees, and adopted in a secret ballot election, held before the per formance of wor k, by at least a two-thirds (2/3) v ote of the af fected employ ees in the work unit. The proposed agreement must designate a regular ly scheduled alter native workw eek in which the specified number of work da ys and work hours are regular ly recurring. The employ er may propose a single work schedule that would become the standard schedule f or workers in the unit, or a me nu of work schedule options, from which each employ ee in the unit would be entitled to choose. If the employer proposes a menu of work schedule options , the employee may, with the approval of the employer, move from one menu option to anothe r. (2) The election shall be held during regular working hours at the employ ees’ work site. Ballots shall be mailed to the last kn own address of all employ ees in the work unit who are not present at the work site on the day of the el ection but have been employ ed by the employer within the last 30 calendar days immediately preceding the day of the election. (3) Prior to the secret ballot v ote, any employ er who proposes to institute an alternative workw eek s chedule shall make a disclosure in writing to the affected employ ees, including the ef fects of the proposed arrangement on the employ ees ’ w ages , hour s, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to v oting, for the specific purpose of discussing the eff ects of the alter native workw eek schedule. An employ er shall provide the disclosure in a non-English language, as well as in English, if at least five (5) percent of the af fected employees primar ily speak that non-English language . Notices shall be mailed to the last known address of all employ ees in the work unit in accordance with provision (2) above. Failure to compl y with this para graph shall mak e the election null and void. (4) Any election to establish or repeal an alter native workw eek s chedule shall be held during regular working hours at the wo rk site of the affected employ ees. The employ er shal l bear the costs of conducting any election held pursuant to this section. Upon a complaint by an af fected employee, and after an investigation by the labor commissioner, the labor commissioner ma y require the employer to select a neutral third party to conduct the election. (5) Any type of alter native workw eek schedule that is autho rized by the Labor Code may be repealed by the af fec ted employ ees. Upon a petition of one-thi rd (1/3) of the af fected employ ees, a new secret ballot election shall be held, provided six (6) months have passed since the election authorizing the alter native workweek. A two-thirds (2/3) v ote of the af fected employees —5 shall be required to reverse the alter native workw eek schedule. The election to repeal the alter native workw eek schedule shall be held not more than 30 days after the petition is submitted to the employer. (6) If the number of employ ees who are employ ed for at least 30 da ys in the wor k unit that adopted an alternative workweek schedule i ncreases by 50 percent above the number who v oted to ratify the employer-proposed alter native workweek schedule , the employer must conduct a ne w ratification election pursuant to the rules contained in subsection (C). (7) The results of any election conducted pursuant to this order shall be a public document and shall be reported by the employ er to the Of fice of Policy, Research and Legislation within 30 da ys after the results are final. The report of the election results shall also be posted at the job site in an area frequented by employ ees where it may easily be read during the wor kday. The repo rt shall include the final tally of the vote, the si ze of the unit, and the nature of the business of the employer. Employ ees participating in the election shall be free from intimidation and coercion. Ho wever, nothing in this section shall prohibit an employer from express ing its position concerning that alter native workw eek to the af fected employ ees. No employ ees shall be di scharged or discrimi nated against for expressing opinions concerning the alter native workweek election or for opposing or supporting its adoption or repeal. The labor commissioner shall investigate any alleged violation of this section and shall upon finding a serious violation render the alter native workweek schedule null and void. (D) Combination of Overtime Rates. Nothing in this section requires an employer to combine mo re than one r ate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime wor k. (E) Nondiscrimination. No employ ee shall be terminated, disciplined or otherwise discriminated against for refusing to wor k more than 72 hours in an y workweek, except in an emergency as defined in Section 2 (F) above. (F) Makeup Time. If an employ er appr oves a written request of an employ ee to ma ke up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that ma keup work time, if per formed in the same workw eek in which the work time w as lost, may not be counted tow ard computing the total number of hours work ed in a day f or pu rposes of the overtime requirements, except f or hours in excess of 11 hours of work in one (1) da y or 40 hours of work in one (1) w orkweek. If an employ ee knows in advance that he/she will be requesting ma keup time f or a personal obligation that will recur at a fixed time over a succes sion of w eeks, the employee may request to make up work time for up to four (4) weeks in advance; provided, however, that the ma keup work must be performed in the same week that the work time w as lost. An employ ee shall provide a signed wri tten request for each occasion that the employee makes a request to make up work time pursuant to this subsection. While an employ er may inform an employ ee of this makeup time option, the employ er is prohibited from encouraging or otherwise soliciting an employ ee to request the employ er’s appr oval to take personal time off and make up the work hours within the same wor kweek pursuant to this subsection. (See Labor Code Section 513.) (G) One Day ’s Rest in Sev en. The provisions of Labor Code Sections 551 and 552 regarding one (1) day ’s rest in sev en (7) shall not be const r ued to prev ent an acc umulation of days of rest when the nature of the employment reasonab ly requires the employ ee to work sev en (7) or mo re consecutive days; provided, however, that in each calendar month, the employ ee shall receiv e the equi valent of one (1) day ’s rest in seven (7). (H) Collective Bargaining Agreements (1) Subsections (A), (B), (C), (D), and (E) of Section 3, Hours and Days of Wor k, shall not apply to any employ ee covered by a vali d collective bargaining agreement if the agreement expressly provides f or the w ages, hours of wor k, and working condi- tions of the employ ees, and if the agreement pro vides premium wage rates for all overtime hours work ed and a regular hourly rate of pa y for thos e employees of not less than 30 percent more than the state minimum wage. (See Labor Code Section 514). (2) Subsection (F) of Section 3, Hours and Days of Wor k, shall apply to any employ ee covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise. 4. MINIMUM WAGES (A) Every employer 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) Elev en dollars ($11.00) per hour for all hours work ed, effective January 1, 2018; (c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2019; and (d) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020. (B) Any employer who employs 25 or fewer employees shall pay to each employ ee wages not les s 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) Elev en dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and (d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020. 5. REPORTING TIME PAY (A) All employ er-mandated trav el that occurs after the first location where the employ ee’s presence is required by the employ er shall be compensated at the employ ee’s regular r ate of pay or, if applicable, the premium r ate that may be required by the pr o visions of Labor Code Section 510 and Section 3, Hours and Da ys of Work, above. ( B) Each wor kday that an employ ee is required to report to the work site and does repor t, but is not put to work or is fu rnished less than half of his/her usual or scheduled day ’s work, the employer shall pay him/her for half the usual or scheduled day ’s work, b ut in no ev ent f or less than two (2) hours nor more than four (4) hours at the employ ee’s regular r ate of pay, which shall not be l ess than the minimum w age. (C) The foregoing reporting time pay provisions are not applicable when: (1) Operations cannot commence or contin ue due to threats to employees or property; or when recommended by civil authorities; or 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. — 6 6. RECORDS (A) Every employer who has control over w ages, hour s, or working conditions shall keep accurate information with respect to each employee, including the following: (1) The employ ee’s full name, home address, occupation, and social security number. The employ ee’s date of bi rth, if under 18 years of age, and designation as a minor. Time records showing when the employ ee begins and ends each work period. Meal peri ods, split shift interv als, and total daily hours work ed shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded. (2) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the emplo yee. (3) T otal hours work ed during the payroll pe riod and applicab le rates of p ay. This information shall be made readily av ail- ab le to the employ ee upon reasonab le reque st. When a piece rate or incentive plan is in oper ation, piece rates or an explanation of the i ncentive plan formula shall be provided to employ ees. An accurate production record shall be maintained by the employer. (B) Every employ er who has control ov er w ages, hours, or w orking conditions shall semimonthly or at the time of each payment of wages furnish each employ ee an itemiz ed statement in writing showi ng: (1) all deductions; (2) the inclusive dates of the period f or which the employ ee is paid; (3) the name of the employ ee or the employ ee’s social security number; and (4) the name of the employer, provided all deductions made on written orders of the employ ee may be aggregated and shown as one item. (See Labor Code Section 226.) This information shall be furnished either separately or as a detachab le part of the chec k, draft, or voucher paying the employ ee’s wages. (C) A ll required records shall be in the English language and in ink or other indelib le for m, dated properly, showing month, day and year. The employ er who has control ov er w ages, hours, or w orking conditions shall also k eep said records on file at the place of employment or at a centr al location f or at least three y ears. An employ ee’s records shall be available for inspection by the employ ee upon reasona ble request. (D) Employers performing work on pub lic wor ks projects should refer to Labor Code Section 1776 for additional payroll reporting requirements. 7. DEDUCTIONS FR OM PAY No employ er shall collect or deduct from any employ ee any part of the wages that are paid unless such deductions are allow ed by law. (See Labor Code Sections 220-226.) No fee shall be charged by the employer or agent of the employer for cashing a pa y roll chec k. 8. UNIFORMS AND EQUIPMENT (A) When the employ er requires uniforms to be worn by the employ ee as a condition of employment, such uniforms shall be pr ovided and maintained by the employer. The term ―uniform‖ includes wearing apparel and accessories of distinctive design or color. (B) When the employ er requires the use of tools or equipment or they are necessary f or the per for mance of a job, such tools and equipment shall be pr ovided and maintained by the empl oyer, except that an employ ee whose w ages are at least two (2) times the mi nim um wage may provide and maintain hand tools and equipment customar ily requi red by the particular tr ade or c raft in conformity with Labor Code Section 2802. 9. MEALS AND LODGING (A) ―Meal‖ means an adequate , well-balanced serving of a variety of wholesome , nutritious f oods. (B) ―Lodging‖ means living accommodations availab le to the employ ee for full-time occupancy which are adequate, decent, and sani ta ry according to usual and customary standards. Employees shall not be required to share a bed. (C) Meals or lodging may not be credited against the minim um wage without a voluntary written agreement between the em- pl oy er and the employee. When credit f or meals or lodging is used to meet par t of the employ er’s minimum wage obligation, the amounts so credited may not be more than the following: Room occupied alone ........................................................... $ 51 . 73/ week $61.13/ 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 thi rds (2/3) of the ordinary rental value, and in no 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 $919.0 2/ 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 who employs: $ 49.38/ week $ 40.76 / week $3.80 $5 . 22 $7.0 9 $593.05 / month month $877.2 7 / $47.03/ week $38.82/ week $ 3.62 $4. 97 $6.68 $564.81 / month month $835.49 /$ 5 1.73/ week $42 .70/ week $3.98 $5.47 $ 7. 35 $621. 29/ month month $919.0 4/$49.38/ week $40 .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 Emp loyees Employees J ANUARY 1, 2020 26 or More 25 or Fewer Em p loyees Employees (2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or (3) The interruption of work is caused by an Act of God or other cause not within the employer’s control. (D) Collective Bargaining Agreements. This section shall apply to any employees covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise. — 7 2 (D) Meals evaluated as part of the minim um wage must be bona fide meals consistent with the employee’s work shift. Deductions shall not be made for meals not received or lodging not used. (E) If, as a condition of employment, the employ ee must li ve at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein. 10. MEAL PERIODS (A) No employ er shall employ any person f or a work period of more than five (5) hours without a meal period of not less than 30 minute s , except that when a work period of not more than six (6) hours will complete the day ’s work the meal period may be w ai ved by m utual consent of employer and employee. (See Labor Code Section 512.) (B) An employ er may not employ an employ ee f or a work period of more than ten (10) hours per day without providing the employ ee with a second meal period of not less than 30 minute s, except that if the total hours work ed is no more than 12 hour s, the s econd meal period may be waived b y m utual consent of employer and employ ee only if the first meal period w as not w aived. (See Labor Code Section 512.) (C)In all places of employment the employ er shall provide an adequate supply of potab le water, soap, or other suitab le cleans- ing agent and single use towels for hand washing. (D) Unless the employ ee is reliev ed of all duty during a 30 minute meal period, the meal period shall be considered an ― on duty‖ meal period and counted as time work ed. An ―on duty‖ meal period shall be permitted only when the nature of the work prevents employ ee from being reliev ed of all duty and when by written agreement between the parties an on-the - job paid meal period is a greed to and complies with Labor Code Section 512. (E) Collective Bargaining Agreements. Subsections (A), (B), and (D) of Section 10, Meal Periods, shall not apply to any employ ee covered by a valid collective bargaining agreement if the agreement expressly provides f or the wages, hours of wor k, and working conditions of the employ ees, and if the agreement provides premium w age rates for all overtime hours work ed and a regular hourly rate of pa y for those employees of not less than 30 percent more than the state minimum w age. (F) If an employ er fails to provide an employ ee a meal period in accordance with the applicab le pr ovisions of this order, the employ er shall pay the employ ee one (1) hour of pay at the employ ee’s regular r ate of compensation f or each wor kday that the meal period is not provided. In cases where a valid collective bargaining agreement pr ovides final and binding mechanism f or resolving disputes regarding enforcement of the meal period provisions, the collective bargaining agreement will prevail. 11. REST PERIODS (A) Every employ er shall authorize and permit all employ ees to ta ke rest periods, which insof ar as practicable shall be in the m iddle of each work period. Nothing in this provision shall prev ent an employ er from staggering rest periods to avoid interruption in the fl ow of work and to maintain contin uous operations, or from scheduling rest periods to coincide with breaks in the fl ow of wor k that occur in the course of the wor kday. The authoriz ed rest period time shall be based on the total hours work ed daily at the rate of ten (10) minutes net rest time f or every f our (4) hours work ed, or major fraction thereof. Rest periods shall ta ke place at employer designated areas, which may include or be limited to the employ ees’ immediate work area. (B) Rest periods need not be authorized in l imited circumstances when the disruption of continuous operations would jeopar- di ze the product or process of the work. However, the employer shall make up the missed rest period within the same wor kday or compensate the employ ee for the missed ten (10) minutes of rest time at his/her regular rate of pay within the same pay period. (C) A rest period need not be autho r iz ed for employ ees whose total daily work time is less than three and one-half (31 / ) hour s. A uthorized rest period time shall be counted as hours work ed for which there shall be no deduction from wages. (D) If an employ er fails to provide an employ ee a rest period in accordance with the applicab le pr ovisions of this order, the employ er shall pay the employ ee one (1) hour of pay at the employ ee’s regular r ate of compensation f or each wor kday that the rest period is not provided. In cases where a valid collective bargaining agreement provides final and binding mechanism f or resolving disputes regarding enforcement of the rest period provisions, the collective bargaining agreement will prevail. (E) This section shall not apply to any employ ee covered by a valid collective bargaining agreement if the collective bargaining agreement provides equivalent protection. 12. SEATS Where practicab le and consistent with applicab le industry-wide standards, all working employ ees shall be pro vided with suitab le seats when the nature of the process and the work performed reasonab ly permits the use of seats. This section shall not exceed regulations promulgated by the Occupational Safety and Health Standards Board. 13. TEMPERATURE The temperature maintained in each interior work area shall provide reasonab le comfort consistent with industry-wide standards f or the nature of the process and the work performed. This section shall not exceed regulations promulgated by the Occupational Sa fety and Health Standards Board. 14. ELEVATORS Where practicab le and consistent with applicab le industry-wide standards, adequate elev ator s, escalators, or similar service consistent with industry-wide standards for the nature of the process and the work performed, shall be pr ovided when employees — 8 are employ ed 60 feet or more above or bel ow ground level. This section shall not exceed regulations promulgated by the Occupa- tional Safety and Health Standards Board. 15. EXEMPTIONS If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 6, Records; Section 11, Rest Periods; Section 12, Seats; Section 13, Temperature; or Section 14, Elev ator s, would not materially affect the welfare or comfort of employ ees and would work an undue hardship on the employer, exe mption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revok ed after reasonab le notice is gi ven in writing. A pplication f or ex emption shall be made by the e mployer or by the employ ee and/or the employ ee ’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division. 16. FILING REPOR TS (See California Labor Code, Section 1174(a)) 17. INSPECTION (See California Labor Code, Section 1174) 18. PENALTIES (A) Penalties f or Violations of the Provisions of this Order. Any employ er or any other person acting on behalf of the em ployer who violates, or causes to be violated, the pr ovisions of this order, shall be subject to civil and criminal penalties as pr ovided b y law. In addition, violation of any provision of this order shall be subject to a civil penalty as follows: (1) Initial Violation - $50.00 for each underpaid employ ee for each pay period during which the e mployee was under paid in addition to the amount which is sufficient to recover unpaid w ages. (2) Subsequent Violations - $100.00 f or each underpaid employ ee for each pay pe riod during which the em ployee was under paid in addition to an amount which is sufficient to recover unpaid w ages. (3) The affected employ ee shall receive payment of al l wages recovered. 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. (B) Penalties f or Violations of Child Labor Laws. Any employ er or other person acting on behalf of the em ployer is subject to civil penalties of from $500 to $10,000 as well as to criminal penalties f or violation of child labor laws. (See Labor Code Sections 1285 to 1312 and 1390 to 1399 f or additional restrictions on the employment of minors and for descriptions of criminal and civil penalties f or violation of the child labor laws .) Employers should inquire at local school districts about any required work permits requi red for minors attending school. (In addition, see California Labor Code, Section 1199) 19. SEPARABILITY If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phase, word, or portion of thi s order should be held invalid or unc onstitutional or unauthoriz ed or prohibited by statute, the remaining provisions thereof shall not be affected thereby, b ut shall continue to be gi ven full force and ef fec t as if the part is held to be invalid or unconstitutional had not been inc luded herein. 20. POSTING OF ORDER Every employ er shall k eep a copy of this order posted in an area frequented by employ ees where it may be easily read during the w or kd ay. Where the location of work or other conditions make this impractical, every employ er shall k eep a co py of this order , and make it available to every employ ee upon request. Q UESTIONS AB OUT ENFORCEMENT of the Indust rial Welfar e Commission orders and reports of violations should be directed to the Labor Commissioner 's Office. A listing of offices is on the back of this wage order. For the address and telephone number of the office nearest you, information can be found on the internet at http://www.dir.ca.gov/DLSE/dlse.html or under a search for "California Labor Commissioner's Office" on the internet or any other directory. The Labor Commissioner has offices in the following c ities: B akersfield, El Centro, Fr esno, L ong Beach, Los Angeles, Oakland, R edding, Sacramento, S alinas, San Bern ardino, San Diego, San Fra ncisco, San Jose, Santa Ana, Santa Barbara , Santa Rosa, Stock ton, Van Nuys. SUMMARIES I N OTHER L ANGUAGES Th e Depar tment o f Industria l Relations will mak e summarie s of wa ge and hour requirements in this Or der available in Spanish, Chinese and cer tain other langu ages when it is f easible to do so. Mail y our request fo r such summaries to the Depart ment at: P.O. Box 420603, Sa n Francisco, CA 94142-0 603. RESUMEN EN OTRO S IDIOMAS El Depart amento de Relaciones Industriales confeccionará un re- sumen sobre los requisitos de salario y horario de esta Disposición en español, chino y algunos otros idiomas cuando sea posibl e hacerlo. Envíe por correo su pedido por dicho s resúmenes al De- part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603. Depart ment of Industrial Relations P.O. Box 420603 San F rancisco, CA 94 142-0603 — 9 EMPLOYERS: Do not send copies of your alternative workw eek election ballots or election procedures. Only the results of the alternative workw eek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142-0603 (415) 703-4780 Pr evailing Wage Hotline (415) 703-4774 All complaints are handled confidentiall y. For fu rther inform ation or to file your complaints, contact the State of Californ ia at the foll owing depart ment offices: California Labor Commissioner's Office, also known as, Division of Labor Standards Enforcement (DLSE) BA KERSFIELD Labor Commissioner's Office/DLSE 7718 Meany Ave. Bake rsfield, CA 93308 661-58 7-3060 EL CENTRO Labor Commis sioner's Office/DLSE 1550 W. Main St. El Centro, CA 92643 760-3 53-0607 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 Fr esno, CA 93710 559-2 44-5340 LONG BEACH Labor Commissioner's Office/DLSE 300 Oceangate, 3rd Floor Long Beach, CA 90802 562-5 90-5048 LOS ANGELES Labor Commissioner's Office/DLSE 320 W. Fourth St., Suite 450 Los Angeles, CA 90013 213-6 20-6330 OAKLAND Labor Commissioner's Office/DLSE 151 5 Clay Street, Room 801 Oakland, CA 94612 510-62 2-3273 OAKLAND – HEADQUARTERS Labor Commissioner's Office/ DLSE 1515 Clay Street, Room 401 Oakland, CA 94612 510-285-2118 [email protected] SAN JOSE Labor Commissioner's Office/DLSE 100 Paseo De San Antoni o, Room 120 San Jose , CA 95113 408 -277 -1266 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place, Ste. 800 Santa Ana, CA 92707 714-5 58-4910 SANTA BARBAR A Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Santa Barbara , CA 93101 805-5 68-1222 SANTA ROS A Labor Commissioner's Office/DLSE 50 “D” Street, Suite 360 Santa Rosa, CA 95404 70 7-5 76-2 362 STOC KTON Labor Commissioner's Office/DLSE 31 E. Channel Street, Room 317 Stock ton, CA 95202 209-9 48-7771 VAN NUYS Labor Commis sioner's Office/DLSE 6150 Van Nuys Boulevar d, Room 206 Van Nuys, CA 91401 818-90 1-5315 REDDING Labor Commissioner's Office/DLSE 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-2 25-2655 SAC RAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacram ent o, CA 95825 916-2 63-1811 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 Salinas, CA 93901 831-443-3041 SAN BERNARDINO Labor Commissioner's Office/DLSE 464 Wes t 4th Street, Room 348 San Berna rdino, CA 92401 909-38 3-4334 SAN DIEGO Labor Commissioner's Office/DLSE 7575 Metropolitan, Room 210 San Diego, CA 92108 619-22 0-5451 SAN FRANCISCO Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10th Floor San Francisco, CA 94102 415-703-530 0
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|
California Labor Law Poster Sources:
Labor Poster Disclaimer:
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