California Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving 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 canning, freezing, and preserving industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the canning, freezing, and preserving 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. 3-2001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE CANNING, FREEZING, AND PRESERVING 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 1103 (Rev. 11/2022) OSP 06 98761 — 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 canning, freezing, and preserving 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 activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. 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 with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. (g) Such 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. INDUSTRIA L WEL FARE CO MMISSI ON O RDE R NO. 3-2001 RE GULATING WAGES, HO URS AND WORKING CO NDITIONS IN THE C A N N IN G , F REE Z IN G , A N D PRES E R V IN G INDUS T R Y — 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 REDDING Labor Commissioner's Office/DLSE SAN JOSE Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-225 -2655 100 Paseo De San Antonio, Room 120 San Jose, CA 95113 408-277 -1266 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 2243 760 -353 -0607 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916 -263 -1811 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 92701 714 -558 -4910 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 SANTA BARBARA Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Fresno, CA 93710 Salinas, CA 93901 Santa Barbara, CA 93101 559 -244 -5340 831 -443 -3041 805 -568 -1222 LONG BEACH SAN BERNARDINO Labor Commissioner's Office/DLSE 300 Oceangate, 3 rd Floor Labor Commissioner's Office/DLSE 464 West 4 th Street, Room 348 SANTA ROSA Labor Commissioner's Office/DLSE Long Beach, CA 90802 San Bernardino, CA 92401 50 ?D? Street, Suite 360 562 -590 -5048 909 -383 -4334 Santa Rosa, CA 95404 707 -576 -2362 LOS ANGELES SAN DIEGO Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE STOCKTON 320 W. Fourth St., Suite 450 7575 Metropolitan Dr., Room 210 Labor Commissioner's Office/DLSE Los Angeles, CA 90013 San Diego, CA 92108 31 E. Channel Street, Room 317 213 -620 -6330 619 -220 -5451 Stockton, CA 95202 209 -948 -7771 OAKLAND SAN FRANCISCO Labor Commissioner's Office/DLSE 1515 Clay Street, Room 801 Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10 th Floor VAN NUYS Labor Commissioner's Office/DLSE Oakland, CA 94612 San Francisco, CA 94102 6150 Van Nuys Boulevard, Room 206 510 -622 -3273 415 -703 -5300 Van Nuys, CA 91401 818 -901 -5315 OAKLAND – HEADQUARTERS Labor Commissioner's Office/DLSE 1515 Clay Street, Room 1302 Oakland, CA 94612 510 -285 -2118 [email protected] EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures. Only the results of the alternative workweek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142- 0603 (415) 703- 4780 Prevailing Wage Hotline (415) 703 -4774
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