California Industrial Welfare Commission (IWC) Wage Order #3 Canning, Freezing, and Preserving Industry Poster

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

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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

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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