California Industrial Welfare Commission (IWC) Wage Order #2 Personal Services Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #2 Personal Services 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 personal service industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the personal service industry. All ten pages are required to be posted. The notice includes information relative to applicability and exemption of the order, legal definitions, hours and days of work definitions, minimum wages, reporting procedures, disability clauses, records procedures, rest and recover periods, and overall satisfactory working conditions required by the state of California.
OFFICIA L NOTICE INDUSTRIAL WEL FARE COMMISSION ORDER NO . 2-2001 REGUL ATING W AGES, HOURS A ND WORKING CO NDITIONS IN THE PERSO NAL SERVI CE INDUST RY Ef fective Ja nua ry 1, 2001 as amended Sections 4(A) and 10(C) amended and republi shed by t he Departm ent of Industrial Relations, effec t ive January 1, 2019, pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This O rder M ust Be Posted Where E mployees Can R ead It Easily IWC FORM 1102 (Rev. 11/2018) OSP 06 98760 • Please Post With This Side Showing • OFFICIAL NOTICE Effective January 1, 2001 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective 002D00440051005800440055005C 1, 201001C, pursuant to 0036 0016, Chapter 0017, Statutes of 2010019 and 0056004800460057004C0052005100030014 INDUSTRIAL WELF ARE COMMISSION ORDER NO. 2-2 001 REGUL ATING WAG ES, HOURS AND WORKING CONDITIONS IN THE PERSONAL SE RVICE INDUST RY TAKE NOT ICE: 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 empl oyed in the personal se rvice industry whether paid on a time, piece r ate, commission, or other basi s, except t hat : (A) Provisions of Sections 3 through 12 of this order shall not apply to persons empl oyed in administ rati ve, executi ve, or pr ofessional 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 two or more other empl oyees therein; 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 adv ancement 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 const rued 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. Exempt work shall includ e, for exampl e, all work that is directly and closely related to exempt 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 during the course of the workw 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 e xpectations and the realistic requirements of the job, shall be considered in deter mining whether the empl oyee satisfies this requirement. (f) Such an empl oyee m us t also 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 employ ed in an administr ative capacity means an y employee: (a) Whose duties and responsibilities i nvolve 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/her empl oyer or his/her employ er’s customers; or (ii) The per formance of functions in the administ ration of a school system, or educational estab lishment or instit ution, or of a depar tment or subdivision thereof, in work directly related to the academic inst ruction or tr aining carried 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 ex ecuti ve or administ rati ve capacity (as such ter ms are defined for pur poses of this section); or (d) Who per forms under only gener al supervision work along speciali zed 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 is pr imarily engaged in duties that meet the test of the ex emption. The activities constituting exempt work and non- exempt work shall be const rued in the same manner as such ter ms are const rued in the f ollowing regulations under the F air Labor Standards Act effecti ve as of the date of this order: 29 C.F.R. Sections 541.201- 205, 541.207- 208, 541.210, and 541.215. Ex empt work shall includ e, for exampl e, all work that is directly and closely related to exempt 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 during the course of the workw eek m ust, first and f oremost, be examined and the amount of time the empl oyee spends on such work, together —1 with the empl oyer’s realistic e xpectations and the realistic requirements of the job, shall be considered in deter mining whether the empl oyee satisfies this requirement. (g) Such employee m ust also earn a monthly sala ry equi valent to no less than two (2) times the state minimum wage f or full -time emplo yment. Full-time empl oyment is defined in Labor Code Section 515(c) as 40 hours per week. (3) Pro fessional E xemption. A person empl oyed in a prof essional capacity means an y employee who meets aof 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 f ollowing recogni zed prof essions: law, medicine , dentistry, optometry , architectur e, engineer ing, teaching, or accounting; or (b) Who is pr imarily engaged in an occupation commonly recogni zed as a lear ned or ar tistic pro fession. For the purposes 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 pr olonged course of speciali zed intellectual inst ruction and study, as distinguished from a gene ral 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 wor k which can be produced by a person endowed with general ma nual or intellectual ability and tr aining), and the result of which depends pr imarily on the i nvention, imagination, or talent of the empl oyee or work that is an essential par t of or necessar ily incident to an y of the above wor k; and (iii) Whose wo rk is predominantly intellectual and var ied in cha racter (as opposed to routine mental, ma nual, mechanical, or ph ysical work) 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 regula rly ex ercises discretion and independent judgment in the performance of duties set for th in subpara graphs (a) and (b). (d) Who ear ns a monthly sala ry equi valent to no less than two (2) times the state minimum wage f or full -ti me 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 following 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 administ rati ve empl oyees. (g) Subpara graph ( f ) above shall not apply to the foll owing ad vanced pr actice nurses: (i) Ce rtified n urse 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 nurse anesthetists who are pr imarily engaged in per forming duties f or which certification 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 nurse 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 subpa ragraph (i), an empl oyee in the computer softw are field who is paid on an hour ly basis shall be ex empt, if aof 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, d evelopment, documentation, analysis, creation, testing, or modification of computer systems or pro gram s, including prototypes , based on and related to user or system design specification s. - The documentation, testing, creation, or modification of computer pro grams related to the design of soft ware or hardw are for computer oper ating systems. (iii) The empl oyee is highly skilled and is proficient in the theoretical and pr actical application of highly specializ ed in for mation to computer systems analysi s, pro gramming, and softw are engineer ing. A job title shall not be deter minati ve of the applicability of this exemption. (iv) The empl oyee’s hourly rate of pay is not less than for ty-one dollars ($41.00). The Office of Policy, Research and Legislation shall adjust this pay r ate on October 1 of each y ear 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 f ollowing apply: * 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 (i) The empl oyee is a tr ainee or empl oyee in an entry-lev el position who is lea rning to become proficient in the theoretical and practical application of highly speciali zed infor mation to computer systems analysis, programming, and software engineering. (ii) The empl oyee is in a computer -related occupation but has not attained the lev el of skill and expe rtise necessar y to wor k independently and without close super vision. (iii) The empl oyee is engaged in the op eration of computers or in the ma nufactur e, repai r, or maintenance of computer hardw are and related equipment. (iv) The employee is an engineer , drafte r, machinist, or other prof essional whose work is highly dependent upon or f acilitated by the use of computers and computer soft ware pro grams and who is skilled in computer -aided design softw are, including CAD/CAM, but who is not in a computer systems analysis or progr amming occupation. (v) The empl oyee is a wr iter engaged in wr iting mate rial, including box labels, product desc ription s, document ation, promotional material, setup and installation instructions, and other similar written in for mation, either for pr int or for on screen media or who writes or pr ovides content mate rial intended to be read by customer s, subscriber s, or visitors to computer -related media such as the World W ide Web or CD -ROM s. (vi) The empl oyee is engaged in a of the activities set for th in subpara graph (h) for the pur pose of creating image ry for ef fects used in the motion pictur e, tel evision, or th eatrical indust ry. (B) Except as pr ovided in Sections 1, 2, 4, 10, and 20, the pr ovisions of this order shall not apply to any employees directly empl oyed by the State or a ny political subdivision thereof , including any city, count y, or special dist rict. (C) The pro visions of this order shall not apply to outside salesperson s. (D) The pr ovisions of this order shall not apply to any individual who is the parent, spous e, child, or legally adopted child of the empl oyer. (E) The pr ovisions of this order shall not apply to any individual participating in a national service pro gram, such as Ame riCo rps, car ried out using assistance pr ovided under Section 12571 of Title 42 of the United States Cod e. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.) 2.DEFINITIONS (A) An “alter native workw eek schedule” means any regular ly scheduled workw eek requi ring an employ ee to work more than eight (8) hours in a 24- hour peri od. (B) “Commission” means the Indust rial W elfare Commission of the State of Cali fornia. (C) “Division” means the Division of Labor Standards Enf orcement of the State of California. (D) “Emplo y” means to engag e, suf fer, or pe rmit to work. (E) “Employ ee” means any person empl oyed by an employer, and includes any lessee who is charged rent, or who pays rent for a chai r, booth, or space; and (1) Who does not use his/her own funds to purchase requisite supplies; and (2) Who does not maintain an appointment book separ ate and distinct from that of the esta blishment in which the space is located; and (3) Who does not hav e a business license where applicable. (F) “Employer” means any person as defined in Section 18 of the Labor Cod e, who directly or indirectly, or through an agent or an y other person, emplo ys or exercises control over the wage s, hour s, or working conditions of an y person. (G) “Hours work ed” means the time du ring which an empl oyee is subject to the control of an empl oyer, and includes all the time the employ ee is suffered or pe rmitted to work, whether or not required to do s o. (H) “Minor” means, f or the pur pose of this orde r, a ny person under the age of 18 year s. (I) “Outside salesperson” means any person, 18 y ears of age or over, who customa rily and regularly works more than half the wor king time away from the empl oyer’s place of b usiness selling tangible or intangib le items or obtaining orders or cont racts for product s, se rvices or use of facilitie s. (J) “Personal Ser vice Indust ry” means any indust ry, busines s, or esta blishment ope rated for the pur pose of render ing, directly or indirectly, any service, operation, or process used or useful in the car e, cleansing, or beautification of the body, skin, nail s, or hai r, or in the enhancement of personal appearance or health, including but not limited to beauty salon s, schools of beauty culture of fering beauty care to the pub lic for a fee, barber shops , bath and massage parlor s, p hysical conditioning, weight control salon s, health club s, and mo rtua rie s. (K) “Pr ima rily” as used in Section 1, Applicabilit y, means more than one-half the empl oyee’ s wor k tim e. (L) “Shift” means designated hours of work by an employee , with a designated beginning time and ending tim e. (M) “Split shift” means a work schedule, which is inter rupted by non-paid non-wor king pe riods esta blished by the empl oyer, other than bona fide rest or meal pe riods. (N) “Teaching” means, f or the pu rpose of Section 1 of this order, the prof ession of teaching under a certificate from the Commission for Teacher Prepa ration and Licensing or teaching in an accredited college or uni versit y. (O) “Wages” includes all amounts for labor per formed by employ ees of every description, whether the amount is fi xed or as - ce rtained by the standard of tim e, task, piec e, commission basi s, or other method of calculation. (P) “Workday” and “day” mean a ny consecuti ve 24-hour pe riod beginning at the same time each calendar day . (Q)”Workw eek” and “w eek” mean any sev en (7) consecuti ve days, starting with the same calendar day each w eek. “Workw eek” is a fi xed and regularly recur ring period of 168 hour s, s even (7) consecutiv e 24-hour per iods. 3.HOURS AND DAYS OF WORK (A) Daily O vertime - General 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 oyees16 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 empl oyees shall not be employed more than eight (8) hours in any wor kday or more than 40 hours in any workw eek unless —3 the employee recei ves one and one- half (1 1/2) times such empl oyee’ s regular r ate of pay for all hours work ed over 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 workw eek 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 up to and including 12 hours in any wor kday, and f or the first eight (8) hours worked on the sev enth (7 th) 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 f or all hours worked in e xcess of eight (8) hours on the s eventh (7 th) consecuti ve da y of work in a workw eek. (2) The over time rate of compensation required to be paid to a nonexempt full-ti me sala ried empl oyee shall be computed 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. (B) Alter native Workweek (1) No empl oyer shall be deem ed to have violated the daily over time pr ovisions 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 n umber of wor kdays estab lished by the alter native workw eek agreement shall be paid at dou ble the empl oyee’s r egular rate of pay. Any alternative workw eek ag reement adopted pursuant to this section shall provide 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 day of work f or another day of the same length in the shift pr ovided by the alternati ve 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 double the regular rate of pa y shall be included in deter mining when 40 hours hav e been worked for the pur pose of computing overtime compensation. (2) Any ag reement adopted pur suant to this section shall pr ovide not less than two consecutive 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 regularly scheduled by the agreement, the empl oyer shall pay the empl oyee 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 for all hours worked in excess 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 ex plore any available reasonab le alter native means of accommodating the religious belief or observ ance of an affected employee that conflicts with an adopted alternative workw eek 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 e ight (8) hours in a wor kday, in order to accommodate any affected employee who was eligi ble to v ote in an election authorized 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, b ut not required, to provide a work schedule not to e xceed eight (8) hours in a work- day 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) Arrangements adopt ed in a secret ballot election held pursuant to this order prior to 1998, or under the r ules in ef fect 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 repo rted 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, 1999, that alternati ve 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 be fore May 30, 2000 to conti nue the ag reement, the empl oyee may continue to work that alternative work - w eek schedule without payment of an over time rate of compensation f or the hours pr ovided in the ag reement. The empl oyee ma y revoke his/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 pr ovisions of this section. (C) Election Procedures Elec t ion 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 regularly scheduled alternati ve workw eek in which the specified n umber of work da ys and work hours are regularly 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 me nu of work schedule options, from which each employee 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, “affected employees in the work unit” may include all empl oyees in a readily identifiab le work unit, such as a division, a department, a job classification, a shift, a separate ph ysical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the c riter ia for an identifiab le wor k unit in this subsection are met. —4 (3)Prior to the secret ballot vot e, any employer who proposed to institute an alte rnati ve workw eek schedule shall have made a disclosure in wr iting to the affected empl oyees, including the effects of the proposed arrangement on the empl oyees’ wages , hour s, and benefit s. Such a disclosure shall include meeting(s), duly noticed, held at least 14 da ys pr ior to voting, for the specific pur pose of discussing the effects of the alter native workweek 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 af fected empl oyees prima rily speak that non-English language . The empl oyer shall mail the wr itten disclosure to employees who do not attend the meeting. Failure to comply with this para graph shall ma ke the election null and v oid. (4) Any election to estab lish or repeal an alter native workweek 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 alt ernat ive workw eek 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 af fected employees, a new secret ballot election shall be held and a two- thirds (2/3) vote of the affected employees shall be required to reverse 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 workw eek schedule is revok ed, the emp loyer 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 ball ots 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 reported by the employer to the Division of Labor Statistics and Research within 30 da ys after the results are final, and the report of election results shal l be a public 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 fected by a change in the work hours resulting from the adoption of an alter native workw eek sche dule ma y 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- nati ve workw eek. No empl oyees shall be discharged or discr iminated against for expressing opinions concer ning 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 alter native workw eek to the affected employees. A violation of this para graph shall be subject to Labor Code Section 98 et (D) One and one-hal f (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 years old who are not required by l aw to attend school and m ay theref ore be empl oyed for the same hours as an adult are subject to subsection (A) or (B) and (C) above. (VIOL ATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as w ell as to cr iminal penal ties. Re fer 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 dur ing such workw eek do not e xceed 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 const rued to pr ev ent an accu mulation of da ys of rest whe n 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 pe riod occur s on a shift beginning or ending at or bet ween the hours of 10 p .m. and 6 a.m., facilities 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 oyees , a nd if the ag reement pr ovides premium wage r ates for all over time hours work ed and a regular hou rly r ate 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 em ploy er have entered into a valid collecti ve bargaining ag reement per taining to the hours of work of the empl oyees, the requirement regarding the equi valent of one (1) day’s rest in sev en (7) (see subsection (F) abov e) shall appl y, unless the ag reement expressly pr ovides otherwis e. (J) The pr ovi s ions of this section are not applicab le to employees whose hours of ser vice are regulated by: (1) The United States Depar tment of Tr anspor tation Code of F eder al Regulations, Title 49, Sections 395.1 to 395.13, Hours of Ser vice of Drivers; or (2) Title 13 of the Cali fornia Code of Regulation s, subchapter 6.5, Section 1200 and the foll owing section s, regulating hours of driv ers. (K) If an emplo yer appr oves a wr itten 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 excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workw eek. If an empl oyee kn ows in adv ance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succe s- sion of w eek s, the empl oyee may request to ma ke up work time for up to f our (4) w eeks in adv ance; provided, however, that the —5 makeup work m ust be per formed in the same week that the work time was lost. An empl oyee shall pr ovide a signed wr itten request f or each occasion that the empl oyee ma kes a request to ma ke up work time pursuant to this subsection. W hile an empl oyer ma y in form an empl oyee of this ma keup time option, the empl oyer is prohibited from encou raging or otherwise soliciting an empl oyee to request the empl oyer’s appr oval to take personal time off and make up the work hours within the same workw eek pursuant to this subsection. 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 duri ng their first 160 hours of employ ment in occupations in which they have no pr evious similar or related ex pe rience, may be pai d not less than 85 percent of the mini mum wa ge rounded to the nearest nickel. (B) Every employe r shall pay to each employee, on the establ ished pay d ay for the period invo l ved, not less than the applicabl e minimu m wa ge for all hours worked in the pay roll period, whether the remu neration is measured by tim e, piece, commission, o r otherwis e. (C) When an employe e work s a split shift, one (1) hour ’s pay at the minimu m wa ge shall be paid in addition to the minimu m wage for that work d ay, ex cept when the e mployee resides at the plac e of employ ment. (D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticesh ip Standards. 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 four (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 (2) hours of work on the second reporting, said empl oyee shall be paid f or two (2) hours at the empl oyee’s regular rate of pay, which shall not be less than the mini mum wage. (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 sew er system; or (3) An Act of God or other cause not within the empl oyer’s control causes the interr uption of work. (D) This section shall not apply to an empl oyee on paid standby 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 Div ision. (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 per iods, split shift interv als and total daily hours worked shall also be recorded. Meal periods during which operations cease and autho rized rest periods need not be r ecorded. (4)Total wages paid each payroll peri od, 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 t he e mploye e upon reasonabl e request. (6) When a piece rate or incentive plan is in opera tion, piece rates or an explanation of the incentive plan formu la shall be —6— 00170011 M INIMUM WA GES 000B0024000C 0028005900480055005C0003004800500053004F0052005C0048005500030056004B0044004F004F000300530044005C0003005700520003004800440046004B0003004800500053004F0052005C004800480003005A0044004A0048005600030051005200570003004F00480056005600030057004B0044005100030057004B0048000300490052004F004F0052005A004C0051004A001D 000B0014000C 00240051005C0003004800500053004F0052005C004800550003005A004B00520003004800500053004F0052005C0056000300150019000300520055000300500052005500480003004800500053004F0052005C00480048005600030056004B0044004F004F000300530044005C0003005700520003004800440046004B0003004800500053004F0052005C004800480003005A0044004A0048005600030051005200570003004F00480056005600030057004B0044005100030057004B0048000300490052004F004F0052005A004C0051004A001D 000B0044000C 003700480051000300470052004F004F004400550056000300440051004700030049004C00490057005C0003004600480051005700560003000B000700140013001100180013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F0003001500130014001A001E 000B0045000C 0028004F0048005900480051000300470052004F004F0044005500560003000B000700140014001100130013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F0003001500130014001B001E 000B0046000C 0037005A0048004F00590048000300470052004F004F0044005500560003000B000700140015001100130013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F0003001500130014001C001E0003004400510047 000B0047000C 0037004B004C00550057004800480051000300470052004F004F0044005500560003000B000700140016001100130013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F00030015001300150013 0011 000B0015000C 00240051005C0003004800500053004F0052005C004800550003005A004B00520003004800500053004F0052005C0056000300150018000300520055000300490048005A004800550003004800500053004F0052005C00480048005600030056004B0044004F004F000300530044005C0003005700520003004800440046004B0003004800500053004F0052005C004800480003005A0044004A0048005600030051005200570003004F00480056005600030057004B0044005100030057004B0048000300490052004F004F0052005A004C0051004A001D 000B0044000C Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017; 000B0045000C Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018; 000B0046000C Eleven 000300470052004F004F0044005500560003000B00070014 1001100130013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F000300150013 0014001C001E0003004400510047 000B0047000C 0037welve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ll required records shall be in the English language and in ink or other indelibl e form, properl y dated, showing month, day and ye ar, and shall be ke pt on file by the employe r for at least three ye ars at the place of employ ment or at a centra l location within the State of Californ ia. An employe e’s records shall be ava ilable for inspection by the employee upon reas onable request. (D) Clo cks shall be pro vi ded in a ll major work areas or withi n reasonab le distanc e theret o insof ar as practica ble. 8.CASH SHO RTAGE AND BREAK AGE No empl oyer shall ma ke any deduction from the w age or require any reimbursement from an empl oyee f or 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 distincti ve 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 equi pment shall be provided and maintained by the empl oyer, e xcept that an empl oyee whose w ages are at least two (2) times the mini - mum wage provided herein may be required to pr ovide and maintain hand tools and equipment customa rily required by the tr ade or craft. Notwithstanding any other pr ovision of this section, employees in beauty salons, schools of beauty culture offer ing beauty care to the public for a fee, and barber shops may be required to fu rnish their own manicure implement s, curling iron s, roller s, clip s, haircutting scissors, comb s, blow ers, raz ors, and eyebr ow tw eezers. This subsection (B) shall not apply to apprentices regular ly indentured under the State Division of Apprenticeship Standard s. NO TE: This section shall not apply to protecti ve equipment and safety de vices on tools regulated by the Occupational Sa fety 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 subsections (A) and (B) of this section upon issuance of a receipt to the empl oyee f or such deposit. Such deposits shall be made pursuant to Section 400 and foll owing 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 (A) and (B) above in the ev ent said item is not retur ned. No deduction shall be made at an y time for normal wear and tear. The employee upon completion of the job shall retur n all items fu rnished 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 emp loyee for full -time occupancy 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 between the empl oyer and the empl oyee. When credit f or meals or lodging is used to meet part of the empl oyer’s mini mum wage ob ligation, the amounts so credited m ay not be more than the foll owing: (D) Meals evaluated as part of the mini mum wage m ust be bona fide meals consistent with the empl oyee ’s work shift. Deduc tions 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. —7 00350052005200500003 00520046004600580053004C0048004700030044004F0052005100480003 0003 000700180014 0011001A00160012 005A00480048004E0003 00070019 00140011 001400160012 005A00480048004E0003 0007001800190011001700160012 005A00480048004E0003 0035005200520050 00030056004B0044005500480047 0003 00110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011 0003 000700170015 0011001A00130012 005A00480048004E0003 0007 00180013 0011001700190012 005A00480048004E0003 0007 00170019 00110018001B0012 005A00480048004E0003 0024005300440055005700500048005100570003 00B200030057005A0052 0003 0057004B004C0003 000B001500120016000C0003 0052004900030057004B00480003 005200550047004C0003 00550048005100570044 004F000300590044004F0003 004400510047 0003004C0051 005100520003 event more than ...................................................0011............. 003A004B0048005500480003 004400030046005200580053004F0003 004400550048 0003004500520057004B0003 004800500053004F0003 0045005C 00030057004B00480003 004800500053004F0052005C00480055000F0003 0057005A005200030057004B004C -2971.50003000B001500120016000C 0003 of the ordi ental value, and in n o event more than ..00110011001100110011001100110011 MEALS Breakfast ........................................................................\ .... 000700160011 001C001B0003 00070017 0011001A00130003 000700170011001600170003 002F005800510046004B0003 0011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110003 00070018 00110017001A0003 0007001900110017001A0003 000700180011001C001A0003 0027004C00510051004800550003 00110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011001100110011 0003 0007 001A 001100160017 0003 0007001B 00110019001B0003 0007001B0011001300140003 000700190015001400110015001B0012 0050005200510057004B 0007001C0014001C0011001300150012 0050005200510057004B 00070019001A001A0011001A00180012 0050005200510057004B 000700140013001B001900110013001A0012 0050005200510057004B 0007001A00160017 0011001500140012 0050005200510057004B 0007001400130013001500110018001900120050005200510057004B0003 000700140013001300150011001800190012 0050005200510057004B 00070019001A001A0011001A00180012 0050005200510057004B 00070017001900110018001B0012 005A00480048004E 0007001800190011001700160012 005A00480048004E LODGING 0003 J AN 1, 001500130014001A 26 or More 25 or Fewer Employees Employees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or More 25 or Fewer Employees Employees J ANUARY 1, 001500130014001C 2 or Mor 2 or Few E m E J ANUARY 1, 0015001300150013 2 or Mor 2 or Fe E m p E 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) hour s will complete the day’s work the meal per iod may be w ai ved by m utual consent of the empl oyer and the empl oyee. (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. (C) Unless the empl oyee is reli eved of all duty dur ing a 30 minute meal per iod, the meal per iod shall be considered an “on duty” meal per iod and counted as time work ed. An “on duty” meal per iod shall be per mitted only when the nature of the work prev ents an empl oyee from being relieved of all duty and when by wr itten agreement bet ween the parties an on- the-job paid meal pe riod is ag reed to. The written ag reement shall state that the empl oyee m ay, in wr iting, r evoke the ag reement at an y time. (D) If an emplo yer fails to provide an empl oyee a meal per iod in accordance with the applica ble pr ovisions of this order, 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 workday that the meal per iod is not pr ovided. (E) In all places of empl oyment where employees are required to eat on the premise s, a suitab le place for that purpose 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 mid dle of each work period. The authoriz ed rest per iod time shall be based on the total hours worked daily at the rate of ten (10) mi nutes net rest time per four (4) hours or major fraction thereof. However, a rest pe riod 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 emplo yer fails to provide an empl oyee a rest pe riod in accordance with the applicab le pr ovisions of this order, 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 wor kday that the rest per iod is not pr ovided. 13.CHANGE ROOMS AND RESTING FA CILITIES (A) Empl oyers shall provide suita ble lo cker s, closet s, or equi valent for the safek eeping of empl oyees’ outer clothing during work ing hour s, and when required, for their work clothing during non-wor king hour s. W hen the occupation requires a change of clothing, change rooms or equi valent space shall be provided in order that empl oyees may change their clothing in reasonab le 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 f acilities shall be provided in an area separ ate 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 suitab le seats shall be placed in reasonab le proximity to the work area and empl oyees 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 temper ature 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 xcessi ve heat or humidity is created by the work process, the empl oyer shall take all feasi ble means to reduce such ex cessive heat or humidity to a deg ree pr oviding reasonab le com fort. Where the nature of the empl oyment requires a tempe rature 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 ratur e 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 VATO RS 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. —8 17.EXEMPTIONS If, in the opinion of the Division after due inv estigation, it is found 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 welfare 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 ex emptions 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 REPOR TS (See California Labor Code , Section 1174(a)) 19.INSPECTION (See Cali fornia Labor Code , Section 1174) 20.PENA LTIES (See Cali fornia 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 wa s 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 ARAB ILITY 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 ORDER 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 AB OUT ENFORCEMENT of the Industrial 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. 0025ox 420603, Sa n Francisco, CA 94142-0 603. RESUMEN EN OTRO S IDIOMAS El Depart amento de Relaciones Industriales confeccionar0069 un re- sumen sobre los requisitos de salario y horario de esta Disposici0079n en español, chino y algunos otros idiomas cuando sea posibl e hacerlo. Env0074e por correo su pedido por dicho s res007Emenes al De- part amento a : P.O. 0025ox 420603, S an Francisco, C A 94142-0 603. Depart ment of Industrial Relations P.O. 0025ox 420603 San F rancisco, CA 94 142-0603 —9
More California Labor Law Posters 34 PDFS
Minimum-Wage.org provides an additional 33 required and optional California labor law posters that may be relevant to your business. Be sure to also print and post all required state labor law posters, as well as all of the mandatory federal labor law posters.
|California Poster Name||Poster Type|
|Required Workplace Discrimination and Harassment Poster||Workplace Violence Law|
|Required Notice to Employees - Injuries caused by Work||Workers Compensation Law|
|Required Whistleblower Notice||Whistleblower Law|
|Required Unemployment Insurance Benefits||Unemployment Law|
|Required Unemployment Insurance Benefits (Spanish)||Unemployment Law|
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Labor Poster Disclaimer:
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