California Industrial Welfare Commission (IWC) Wage Order #2 Personal Services Industry Poster

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 000300470052004F004F0044005500560003000B00070014 2001100013000C00030053004800550003004B005200580055000300490052005500030044004F004F0003004B00520058005500560003005A00520055004E00480047000F0003004800490049004800460057004C005900480003002D00440051005800440055005C00030014000F000300150013 2000110003

0053005500520059004C0047004800470003
000B0025000C0003
0028005900480055005C0003
004800500053004F0052005C004800550003 00470048005700440046004B00440045004F0048000300530044005500570003
005200490003	

0046004B00480046004E000F0003
004700480047005800460057004C005200510056001E0003	

0057004B00480003
005600520046004C0044004F0003004500480003
0044004A004A00550048004A00440057004800470003 0044005100470003	

0056004B0052005A00510003
(C)  All 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 
EFFECTIVE	

001D
0029005200550003 004400510003004800500053004F0052005C004800550003 005A004B00520003004800500053004F0052005C0056001D 00070017001C00110016001B
0012
005A00480048004E0003
0007 001700130011001A0019	

0012
005A00480048004E0003
00070016 0011	

001B0013 0003
00070018001100150015 0003
0007001A00110013001C 0003
0007
0018001C0016001100130018 0012
0050005200510057004B
0050005200510057004B	
0003
0007001B001A001A00110015
001A001200070017001A0011001300160012
005A00480048004E0003
00070016001B0011001B0015	

0012
005A00480048004E0003
00070016001100190015 0003
0007	
00170011001C001A 0003
00070019
00110019001B 0003
00070018001900170011001B0014
0012
0050005200510057004B
0050005200510057004B0003
0007001B0016001800110017001C
001200070018	
00140011001A00160012
005A00480048004E0003
00070017	
00150011001A00130012
005A00480048004E0003
00070016

0011001C001B 0003
0007001800110017001A 0003
0007001A

001100160018 0003
0007001900150014
 00110015001C0012
0050005200510057004B
0050005200510057004B0003
0007001C0014001C00110013
0017	
0012 00070017001C00110016001B0012
005A00480048004E0003
00070017	

00130011001A00190012
005A00480048004E0003
000700160011001B0013 0003
0007

0018
001100150015 0003
0007001A0011001300140003
00070018001C00160011001300180012
0050005200510057004B
0050005200510057004B0003
0007001B001A001A00110015
00190012 00070017001100160017
000700180011001C001A 0007001B001100130014 J
AN 1, 001500130014001B
 
26 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