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.
OFFICIAL NOTICE INDUSTRIAL WELFARE COMMISSION ORDER NO. 2-2001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE PERSONAL SERVICE INDUSTRY Effective January 1, 2001 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2023 , pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This Order Must Be Posted Where Employees Can Read It Easily IWC FORM 1102 (Rev. 11/2022 ) OSP 06 98760 — 1 TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission’s Orders as a result of legislation enacted (SB 3, Ch. 4, Stats of 2016, amending section 1182.12 of the California Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC’s Orders. 1. APPLICABILITY OF ORDER This order shall apply to all persons employed in the personal service industry whether paid on a time, piece rate, commission, or other basis, except that: (A) Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections: (1) Executive Exemption. A person employed in an executive capacity means any employee: (a) Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision thereof; and (b) Who customarily and regularly directs the work of two or more other employees therein; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) Who customarily and regularly exercises discretion and independent judgment; and (e) Who is primarily engaged in duties which meet the test of the exemption. The ac tivities constituting exempt work and non- exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104- 111, and 541.115- 116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. (f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per week. (2) Administrative Exemption. A person employed in an administrative capacity means any employee: (a) Whose duties and responsibilities involve either: (i) The performance of office or non- manual work directly related to management policies or general business operations of his/her employer or his/her employer’s customers; or (ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (b) Who customarily and regularly exercises discretion and independent judgment; and (c) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section); or (d) Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (e) Who executes under only general supervision special assignments and tasks; and (f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201- 205, 541.207- 208, 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together INDUSTRIA L WEL FARE CO MMISSI ON O RDE R NO. 2-2001 RE GULATING WAGES, HO URS AND WORKING CO NDITIONS IN THE PERS O N A L S E R V IC E IND U S T R Y — 9 work performed shall be provided when employees are employed four floors or more above or below ground level. 17. EXEMPTIONS If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division. 18. FILING REPORTS (See California Labor Code, Section 1174(a)) 19. INSPECTION (See California Labor Code, Section 1174) 20. PENALTIES (See California Labor Code, Section 1199) (A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of: (1) Initial Violation — $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to the amount which is sufficient to recover unpaid wages. (2) Subsequent Violations — $100.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to an amount which is sufficient to recover unpaid wages. (3) The affected employee shall receive payment of all wages recovered. (B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1 for non- payment of wages for overtime work in violation of this order. 21. SEPARABILITY If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein. 22. POSTING OF ORDER Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request. QUESTIONS ABOUT ENFORCEMENT of the Industrial Welfare Commission orders and reports of violations should be directed to the Labor Commissioner's Office. A listing of offices is on the back of this wage order. For the address and telephone number of the office nearest you, information can be found on the internet at http://www.dir.ca.gov/DLSE/dlse.html or under a search for "California Labor Commissioner's Office" on the internet or any other directory. The Labor Commissioner has offices in the following cities: Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys. SU MMARIES IN OT HER L ANGUA GES RESUMEN EN OTROS IDIOMAS — 10 For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html or contact the State of California at the following department offices: California Labor Commissioner's Office, also known as, Division of Labor Standards Enforcement (DLSE) BAKERSFIELD Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 92 243 760- 353-0607 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 Fresno, CA 93710 559 -244 -5340 LONG BEACH Labor Commissioner's Office/DLSE 300 Oceangate, 3 rd Floor Long Beach, CA 90802 562 -590 -5048 LOS ANGELES Labor Commissioner's Office/DLSE 320 W. Fourth St., Suite 450 Los Angeles, CA 90013 213 -620 -6330 OAKLAND Labor Commissioner's Office/DLSE 1515 Clay Street, Room 801 Oakland, CA 94612 510 -622 -3273 OAKLAND – HEADQUARTERS Labor Commissioner's Office/ DLSE 1515 Clay Street, Room 1302 Oakland, CA 94612 510 -285 -2118 REDDING Labor Commissioner's Office/DLSE 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530 -225 -2655 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916 -263 -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 West 4 th Street, Room 348 San Bernardino, CA 92401 909 -383 -4334 SAN DIEGO Labor Commissioner's Office/DLSE 7575 Metropolitan Dr., Room 210 San Diego, CA 92108 619 -220 -5451 SAN FRANCISCO Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10 th Floor San Francisco, CA 94102 415 -703 -5300 SAN JOSE Labor Commissioner's Office/DLSE 100 Paseo De San Antonio, Room 120 San Jose, CA 95113 408 -277 -1266 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 92701 714 -558 -4910 SANTA BARBARA Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Santa Barbara, CA 93101 805 -568 -1222 SANTA ROSA Labor Commissioner's Office/DLSE 50 “D” Street, Suite 360 Santa Rosa, CA 95404 707 -576 -2362 STOCKTON Labor Commissioner's Office/DLSE 31 E. Channel Street, Room 317 Stockton, CA 95202 209 -948 -7771 VAN NUYS Labor Commissioner's Office/DLSE 6150 Van Nuys Boulevard, Room 206 Van Nuys, CA 91401 818 -901 -5315 EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures. Only the results of the alternative workweek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142- 0603 (415) 703- 4780 Prevailing Wage Hotline (415) 703 -4774
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