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

OFFICIA
L NOTICE 
INDUSTRIAL WEL FARE COMMISSION 
ORDER NO . 3-2001 
REGUL ATING 
W AGES, HOURS A ND WORKING CO NDITIONS IN THE 
CANNING, FREEZING, 
AN D PRESERVING INDUST RY 
Ef fective Ja nua ry 1, 2001 as amended 
Sections 4(A) and 10(C) amended and republi shed by the Departm ent of Industrial 
Relations, effec tive January 1, 2019, pursuant to SB  3, Chapt
er 4,St atut	es of 2016 and  
sect	
ion  1182.13  of the Labor  Code 
This O rder M ust Be Posted Where E mployees Can R ead It Easily  IWC 
FORM  1103 (Rev.  11/2018) 	
OS	

P 06 98761

•	Please Post With  This  Side  Showing	• 	
OFFICIAL  NOTICE  
 Ef
fective  January  1, 2001  as amended
  

Sections  4(A) and 10(C)  amended  and  republished  by the  Department  of  Industrial 
Relations,  effective  January 1,  2019, pursuant  to SB 3,  Chapter 4 , Statutes of  2016 	
and 
section 1182.13 of the Labor Code
 
INDUSTRIAL WELF ARE COMMISSION 
ORDER NO. 3-2 001 
REGUL ATING 
WAG ES, HOURS AND WORKING CONDITIONS IN THE 	
CANNING, FREEZING,  AND  PRESE RVING  INDUST RY  TAKE
 NOTICE:  To empl oyers  and representativ es of  persons  working  in indust ries  and  occupations  in  the  State  of  Cali fornia: The  
Depart m
ent of Industri al Relations  amends and republ ishes the	  m	inimu m wa ge and  meals  and lodging  credits in the  Industri al We lfare 
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 republi shing make 
no other changes to the IWC	

’s  Orders. 	
1.APPLICAB ILITY OF  ORDER	
This  order  shall  apply  to  all  persons  empl oyed  in the  canning,  freezing,  and  prese rving  indust ry whether  paid  on a  time, piece
r at e, commission, or other basi s, e xcept that:  
(A)	Provisions  of  Sections   3 through  12 of this  order  shall  not apply  to  persons  empl oyed  in administ rati ve,  executive,  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  exemption from those sections:  
(1)	Executiv e Exemption.  A person employ ed in an executiv e capacity means an y employee:
(a)	Whose  duties  and  responsibilities   involve  the management  of  the  ente rprise  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 t wo or more other empl oyees therein;  and	
(c) 	Who  has the  authority  to  hire  or   fire  other  empl oyees  or  whose  suggestions  and  recommendations  as  to  the  hi ring  or
fi ring  and  as  to  the  ad vancement  and  promotion  or  any  other  change  of  status  of  other  empl oyees  will  be gi ven  par ticular  weight; and  	
(d)	Who customar ily and regularly exercises discretion and independent judgment;  and	
(e)	Who  is   prima rily  engaged  in duties  which  meet  the  test  of  the  ex emption.  The  activities  constituting  exempt   work  and
non-ex empt work  shall be const rued  in  the  same  manner  as  such  items  are const rued  in  the  follo wing  regulations  under  the  Fair  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  e xampl e, all  work  that is  directly  and  closely  related to  ex empt   work  and  work  which is  proper ly vi ew ed  as a  means   for  
car rying  out  ex empt  function s. The   work  actually  per formed   by  the empl oyee  during the  course  of the   workw eek  must,  first and 
f oremost,  be e xamined  and the  amount  of  time  the  employ ee spends  on  such  work, together  with  the  empl oyer’s  realistic  expectations  
and  the realistic  requirements  of  the  jo b,  shall  be  considered  in  deter mining  whether  the  employ ee satisfies  this  requirement.  	
(f)	Such an employ ee  must also  earn  a  monthly  sala ry equiv alent to  no  less  than two  (2)  times the  state  mini mum  wage
f or full -time emplo yment. 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 administ rati ve 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  employer or his/her empl oyer’s customers;  or  	
(ii)  	The  per formance  of  functions  in  the  administ ration  of a  school  system,  or  educational  establishment  or  institu tion, 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  employ ee empl oyed  in  a  bona  fide executive  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 super vision   work  along speciali zed  or technical  lines  requi ring  special   training,
e xpe rienc e, or kn owledge;  or  	
(e)	Who  executes under only gener al supervision special assignments  and tasks; and	
(f) 	Who  is pr ima rily engaged  in duties  that  meet  the  test  of  the  ex emption.  The  activities  constituting  exempt  work  and non-
ex empt   work  shall be const rued  in  the  same  manner  as  such  te rms   are  const rued  in  the   follo wing  regulations  under  the   Fair  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. E xempt  work 
shall  includ e, for exampl e, all work  that is  directly  and  closely  related  to ex empt  work  and work  which is  properly  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  employ er’s realistic  expectations 
and the realistic requirements of the jo b, shall be considered in deter mining whether the employee satisfies this requirement.  	
—1

(g)Such  employee m ust also  earn a monthly  sala ry equi valent  to no  less  than two  (2) times  the  state mini mum  wage
f or full -time empl oyment.  Full-time empl oyment is defined in Labor Code Section 515(c) as 40 hours per  week. 	
(3) Pro fessional  Exemption.  A person empl oyed in  a pro fessional  capacity  means any empl oyee  who  meets  all of the	
fol lowing 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 ima rily  engaged  in an  occupation  commonly recogni zed  as  a  lear ned  or  ar tistic  profession.   For the
pur poses 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 requi ring  knowledge of  an adv anced type in  a field or science  or lear ning customar ily acquired by a pr o- 
longed  course of speciali zed  intellectual  inst ruction  and study,  as distinguished  from   a gener al 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  work
which  can  be produced by a  person endowed with  gener al ma nual  or  intellectual  ability  and tr aining),  and  the result  of which  de- 
pends  prima rily  on  the inv ention,  imagination,  or  talent  of the  empl oyee  or work  that is an  essential  part  of or  necessar ily incident 
to an y of the abov e wor k; and 
(iii) Whose  w	
 ork is predominantly  intellectual  and  var ied in char acter  (as  opposed  to routine  mental, ma nual,
me chanical,  or  ph ysical  wor k) 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  per formance  of  duties  set
for th in subpara graphs (a) and (b).  
(d) Who  earns  a  monthly  sala ry equi valent  to  no  less  than  two  (2) times  the  state  minimum   wage  f or full -time
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 constr ued in accordance  with the  foll owing  pr ovisions  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  practice  of  nursing,  shall not  be  considered  exempt  professional  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 administr ative empl oyees. 
(g) Subpara graph  (	
 f) above shall not apply to the  foll owing ad vanced pr actice nurses:
(i) Certified   nurse  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 n urse anesthetists  who are  prima rily  engaged  in per forming  duties  for  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 n urse 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 all of 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,  dev elop	
 ment, documentation,  analysis, creation,  testing, or modification  of  computer  systems  or 
pro gram s, including prototypes , based on and related to user or system design specifications. 
—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  analysis, pro gramming,  and  software  engineer ing. A job title  shall  not  be  deter minati ve of the  
ap plicability 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  pa y rate  on  October  1  of  each  year  to  be  ef fecti ve  on  January  1  of  the  foll owing  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  foll owing apply:
(i) The  empl oyee  is  a  tr ainee  or empl oyee  in an  entry-lev el position  who is  lear ning  to  become  proficient  in the
theoretical  and  pr actical  application  of highly  speciali zed  infor mation  to computer  systems  analysis, pro gramming,  and  softw are 
engineer ing. 	
*Pursuant  to Labor  Code  section  515.5, subdivision  (a)(4), the  Office  of  Policy,  Research  and  Legislation,  Department  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.ca.go v/IW C  or by mail from the Depar tment of Industrial Relations.	
—2

(ii)The  empl oyee  is  in  a  computer -related  occupation  but  has  not  attained  the  l evel  of  skill  and  exper tis	e	
nec	

es sary to wor k independently and without close super vision. 
(iii) The  empl oyee  is engaged  in the  oper ation  of computers  or  in  the  manufactur e, repai r, or maintenance  of
computer hardw are and related equipment.  
(iv) The  empl oyee is an engineer, dr after, machinist, or other professional  whose work is highly  dependent upon
or   facilitated  by  the use  of computers  and  computer  softw are pro grams  and  who is  skilled  in  computer -aided  design  softwar e, 
including CAD/CAM,  but who is  not in a computer systems analysis or progr amming occupation. 
(v) The  empl oyee  is  a  w riter  engaged  in  w riting  mate rial,  including  bo x  labels,  product  desc riptions	
,	
doc	

ument ation,  promotional  mater ial, setup  and installation  instruction s, and  other  similar   written  infor mation,  either   for   pr int or  
f or  on  screen  media  or who   writes  or  pr ovides  content  material intended  to be  read   by customer s, subsc riber s, or visitors  to 
computer -related media such as the Wor ld Wide  Web or CD-R OMs. 
(vi) The  empl oyee  is engaged  in any  of the  activities  set  forth in subpara graph  (h)  for the  purpose  of creating
imager y for ef fects used in the motion pictur e, tel evision, or theat rical indust ry. 
(B) Except  as pr ov	
 ided in Sections  1,  2,  4,  10,  and  20, the  provisions  of  this  order  shall  not  apply  to any  employees  directly
empl oyed  by the State or an y political subdivision thereof , including any city, county , or special dist rict.  
(C) The pr ovisions of this order shall not apply to outside salespersons.
(D) The  pr ovisions  of this  order  shall  not  apply  to  any  individual  who  is  the  parent,  spouse, child,  or legally  adopted  child of
the empl oyer. 
(E) The  pr ovisions  of this  order  shall  not  apply  to  any  individual  par ticipating  in  a  national  se rvice  pro gram,  such  as
Ame riCo rps,  carried  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.D

EFINITIONS	
(A)An “alter native workw eek schedule”  means  any regular ly scheduled workw eek requi ring  an  empl oyee  to work  more than
eight (8) hours in a 24- hour period. 
(B) “Canning, F reezing, and Prese rving  Industr y” means  any industry, b usiness, or estab lishment  operated f or the  purpose  of
canning  soups, or of  cooking,  canning,  cu ring,  freezing,  pi ckling,  salting,  bottling,  preserving, or  otherwise  processing  any fruits or 
v egetab les, seaf ood, meat, poult ry or  rabbit product, when the pur pose of such processing is the preserv ation of the product and 
includes all oper ations incidental theret o. 
(C) “Commission”  m
 eans the Industrial  W elfare  Commission of the State of Cali fornia.
(D) “Division”  means the Division of Labor Standards Enf orcement of the State of California.
(E) “Empl oy”  means to engage , suffer, or per mit to wor k.
(F) “Empl oyee”  means an y person empl oyed  by an empl oyer	
.	
(

G) “Empl oyer”  means  any person  as defined in  Section  18 of the  Labor  Cod e, who  directly  or  indirectl y, or through  an agent
or a ny other person, empl oys or  exercises control  over the w ages, hour s, or wor king conditions of an y person. 
(H) “Hours   worked” means  the  time  dur ing  which  an  empl oyee  is  subject  to the  control  of  an  empl oyer,  and includes  all  t	
he	
t	

ime the empl oyee is suf fered or per mitted to work, whether or not required to do s o. 
(I) “Minor”  means , for the pur pose of this order , any person under the age of 18  year s	
.	
(J

)“Outside  salesperson”  means  any person,  18 years  of  age  or  over,  who customar ily and  regular ly wor ks more  than  half the
wor king  time   away  from the  empl oyer’s  place  of  b usiness  selling  tangi ble  or  intangi ble  items  or  obtaining  orders or  contr acts for 
products , services or use of  facilitie s. 
(K) “P rima rily”  as used in Section 1, Applicabilit y, means more than one- half the employee ’s  wor k tim e.
(L) “Shift”  m
 eans designated hours of  work by an empl oyee, 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 per iods  estab lished by  the empl oyer,
other than bona fide rest or meal per iods. 
(N) “Teaching”  mean s, f or the pur pose of Section 1 of this order , the profession of teaching under a cer tificate from the
Com mission  for  Teacher Prepar ation and Licensing or teaching in an accredited college or uni versit y. 
(O)	
“	

Wages”  includes  all  amounts  for  labor  per formed  by empl oyees  of  every  description,  whether  the  amount  is  fixed  or
as certained  by the standard of tim e, task, piec e, commission basi s, or other method of calculation.  
(P) “Wor kday”  and  “day”  mean a ny consecuti ve 24- hour per iod 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 fix ed and regular ly recurring per iod of 168 hour s, s even (7) consecuti ve 24- hour pe riods. 	
3. HO

URS 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 oyees  16  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 empl oyed more than eight (8) hours in an y wor kday or more  than 40 hours in an y workw eek unless 
the empl oyee  recei ves  one and one- half (1	
1/2) times  such empl oyee’s regular  rate of  pay for all  hours  worked ov er 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) day	
s in a ny  workw eek is per missible under the f ollowing conditions:
(2) An empl oyee   may  work  up to a  maxi mum  of  72  hours  in   sev en (7)  consecuti ve days after  which  the  empl oyee  shall
hav e a 24- hour per iod off dut y. Overtime hours shall be compensated at:  
(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	
—3

up to and  including  12 hours  in  any wor kday,  and  for  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 a	
ll	
hour	

s  work ed in e xcess of eight (8) hours on the s eventh (7	
th) consecuti ve da y of work in a workw eek. 
(3) The  over time rate of  compensation required to be paid  to a nonexempt full-time  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 Workw eek
(1) No em plo	
 yer  shall  be  deemed  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  excess  of 12  hours  per  day  and any work  in excess  of 
eight  (8)  hours  on  those  days  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 doub le the  
em plo	
y ee’s regular   rate  of  pay. Any  alternative  workw eek  agreement  adopted 
pursuant  to this  section shall  pr ovide  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  alter native 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  doub le the  regular  rate  of pay  shall be  included  in deter mining  when 
40 hours  have been  worked 
for the pur pose of computing  overtime compensation. 
(2) Any  ag ree	
 ment adopted  pursuant  to  this  section  shall  pr ovide  not  less  than two  consecuti ve  days off  within   a  work-
w 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 o	
 yer  shall   explore  any  av ailable  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  eight (8)  hours  in  a wor kday,  in order
to  accommodate  any affected  empl oyee  who  was  eligi ble  to  vote  in an  election  authorized by this section  and who is  unab le to wor k 
the alter native  workw eek schedule estab lished as the result of that election.  
(7) An empl oyer shall  be  permitted,  b ut not  required,  to  provide   a  work  schedule  not to   e xceed  eight (8)  hours  in   a
workday  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) Arrange
 ments adopted  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  writ-  ten request  on or  bef ore   May  30, 2000  to conti nue  the  ag reement,  the  empl oyee  may  continue  to 
work  that alternative  workweek
 	
 schedule without  pa yment of an  over time  rate  of compensation  f or the  hours  pr ovided  in the 
ag reement.  The  empl oyee may revok e 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) E	
lection Procedures
Election 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  th	
e	
em	

pl 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,  befor	
e	
t	

he  per formance  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 depar tment, 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.  
(3) Prior  t	
o  the secret  ballot  vot e,  any  employer who  proposed  to institute  an alter native  workw eek schedule  shall  hav	e	
m	

ade a  disclosure  in  wr iting  to the  affected  employees,  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 v oting, f or 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  	
—4

language, as well as  in  English,  if at  least  five  (5)  percent  of  the  affected  employees  prima rily  speak  that  non- English  language . 
The  empl oyer shall  mail the wr itten disclosure  to employees  who  do not attend the meeting. F ailure to comply with this para graph 
shall ma ke the election  null and v oid. 
(4) Any  election  to esta blish  or  repeal  an  alter native  workw eek 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 alter native  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  affected  employees, a new  secret ballot election  shall be  held  and a two- thirds 
(2/3)   vote  of the  affected  employees  shall  be  required  to  rev erse 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, e xcept 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  workweek  schedule  is  revoked, the  empl oyer 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  bal	
 lots 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 repor ted by the employer to the  Office of Policy, Research 
and  Legislation  within 30  da ys after  the  results  are  final,  and the report  of election  results  shall  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 schedule 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
alternati ve  workw eek. No empl oyees  shall  be  discharged  or discr iminated  against  for   e xpressing  opinions  conce rning  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  alternative workw eek to  the  affected  employees. A  violation  of this  
para graph  shall be subject to Labor Code Section 98  et seq. 
(D) One
 and  one	
 -
half  (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  LA WS are  subject  to civil  penalties  of  from  $500  to  $10,000  as  w ell as  to  cr iminal  
pen alties.  Refer  to  Cali fornia  Labor  Code  Sections  1285  to  1312  and  1390  to  1399  for  additional  restr ictions  on  the 
empl oyment  of  minors  and  for  desc riptions  of  cr iminal  and  civil  penalties  for  violation  of the  child  labor  laws.  Employers  
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  during such
workw eek do not  exceed 30 and the total hours of empl oyment in an y one workday thereof do not  exceed six (6).  
(F) If dur ing any wor kday  an  empl oyer declares  a work recess of  one- half (1/2)  hour  or  mor e, other  than  a meal  per iod,  and
the  empl oyer notifies  the  empl oyees  of  the  time  to report  back for work  and permits  them  to  le ave  the premises,  such recess  need 
not  be  treated  as hours   worked provided  that there  shall  not  be  more  than two  (2) such  recess  per iods  within  one shift  and  the 
total  dur ation  does not   exceed  two  (2) hour s. Work  stoppages  of  less  than  one-half (1/2)  hour   may  not be  deducted  from hours 
work ed. 
(G) If a  m	
eal  per iod  occurs  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) The  pr ovisions  of Labor  Code  Sections  551  and 552 regarding  one (1)  day’s  rest in   sev en (7)  shall  not  be  constr ued to
pr ev ent  an  accu mulation  of da ys of  rest  when  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).  
(I) The pr ovisions 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  California  Code  of  Regulations,  subchapter 6.5,  Section  1200 and the  foll owing  section s, regulating
hours of driv ers. 
(J) Except  as pr ovi
 ded in subsections  (D)  and  (H), this  section  shall not  apply  to any  employee  cov ered by a v alid collecti ve
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,  and if the  ag reement  pr ovides  premium   wage  r ates  for  all   over time hours   worked and  a  regular  hour ly  rate  of  pay 
f or  those empl oyees of not less than 30 percent more than the state mini mum  wage. 
(K) Notwithstanding  subsection (J) above,  where the empl oyer and   a labor  organization  representing  employees  of  the
em ploy er  have  entered  into  a  v alid collective  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  (H) abov e) shall  appl y, unless  the 
ag reement  expressly pr ovides otherwis e. 
(L) If an  empl oyer 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 work  time 
w as  lost, may  not be  counted toward  computing  the total  number  of  hours  worked in a day f or pu rposes  of  the over time require - 
ment 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  knows 
in  adv ance  that he/she  will be requesting  makeup  time for  a  personal  obligation  that will recur  at  a  fixed  time  over a succession  of  	
—5

week s, the  empl oyee  may  request  to  ma ke up work  time for  up  to four  (4) w eeks in  adv ance;  provided,  however,  that the makeup 
work m ust be per formed  in  the  same  week  that  the work  time was  lost.  An empl oyee  shall  provide  a signed wr itten request  for  each 
occasion that the empl oyee  ma kes  a request to  make up work time  pursuant to this  subsection. W hile an empl oyer may in form an 
empl oyee  of this  ma keup  time  option,  the empl oyer is  prohibited  from encour aging or otherwise  soliciting an  empl oyee  to  request  the 
empl oyer’s appr oval to tak e personal time off and mak e up the work hours within the same  workweek pursuant to this subsection.   4.
MINIMUM WA GE	
S
(A) Every  employer  shall pay to each  employee  wages not less  than  the following:
(1) Any employer who employs 26 or more employees  s	
hall pay to each employee wages not less than the following:
(a) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2017;
(b) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2018;
(c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2019; and
(d) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020 .
(2) Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following:
(a) Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017;
(b) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018 ;
(c) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and
(d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020.  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  th	
 ey have no prev ious  similar	  or related ex perienc	 e, may  be  pai	 d not less t	 han 85 percent  of the  mini	 mum wa ge 
rounded to the nearest  ni	
ckel. 
(B) Every  employe r shall  pay  to each  empl	
 oyee, on the	  establ ished 	pay day  for the  period  invo lved,  not  less	  than  the
applicabl e minimu m	
   wage  fo r all  hours  worke d in  the  pay roll period,  whether	  the  remu ne	 ration  is measured	   by time,  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
wa ge fo r that work day, ex cept  when the employe e resides  at t	
 he place  of empl	 oyment. 
(D)  The	
  prov isions  of  this  section  shall not apply  to apprentices  regularly	
  indentured  under the State	  Division  of Apprenticeship
Standards. 	
5. REPO RTING  TIME  PAY	
(A)Each wor kday  an empl oyee  is required  to repo rt for work  and does  repor t, but is  not  put  to work  or is  furnished  less than
half  said  empl oyee’s  usual  or  scheduled  day’s work, the  empl oyee  shall  be  paid  for  half  the  usual  or  scheduled day’s wor k, b ut in 
no  ev ent  for  less  than  two  (2) hours  nor  more  than  f our (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 s ewer system;  or
(3) The inter ruption of wor k is caused by an Act of God or other cause not within the empl oyer’s control.
(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 DISAB LED WORKERS	
(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
Division.  
(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  pe riods,  split shift  interv als and total 
daily  hours  worked shall  also be recorded.  Meal periods  during  which  operations  cease and authoriz ed rest  periods  need  not 
be recorded.  (4)Total  wages  paid each  payroll  period,  including  value  of board,  lodging,  or other  compensation  actually furnished  to
the empl oyee. 
(5) Total  hours  worked in the  pa yroll  period  and  applicab le rates  of pay. This  infor m	
ation  shall be made  readily  availa ble
to the employe e upon reasonabl e request. 
(6) When  a piece	

  ra te  or	
  incentive  plan is in  opera tion, piece  rates  or an	  ex planation  of the  incentive  plan formu la shall  be
prov ided to employe es. An accura te 	
production record shall  be maintained  by the  employer.  . 
—6

(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part 
of  the  check	
,  draft,  or  voucher  paying  the  employee’s  wages,  or  separately,  an  itemized  statement  in  writing  showing:  (1)  all  
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employ	
ee’s 
social  security  number;  and  (4)  the  name  of  the  employer,  provided  all  deductions  made  on  written  orders  of  the  employee  may 
beaggregated and shown as	
 one item.
(C)
 All 
required  records s
hall be in the  English  language  and in ink  or other  indelibl e  form, properl y dated,  showing month, 
day
 and ye
ar, and  s	
hall be ke pt on  file by  the employe r for at  leas	t three ye ars at the  place  of employ ment or at a  centra l loc	ation 
within the State of Californ ia. An employe e’s records shall be ava ilable for ins	
pection by  the employe e upon reas	onable reques	t. 
(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  practic	
able.	
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  for  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 m aintained  by  the empl oyer.  The term  “uniform” includes   wear ing apparel  and  accesso ries  of  distinctiv e 
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  equipment
shall be pr ovided and maintained  by the empl oyer, except that an empl oyee whose w ages are at least t wo (2) times the mini mum 
w age  provided  herein may  be required  to provide  and  maintain  hand tools and  equipment  customar ily required by  the trade or cr aft. 
This subsection (B) shall not apply to apprentices regular ly indentured under the State Division of Apprenticeship Standards. 
NO TE:  This section shall not apply to protecti ve equipment and saf ety devices on tools regulated  by the Occupational Saf ety 
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  for such deposit.  Such deposits shall be made 
pursuant  to Section  400 and f ollowing  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 any  time for  nor mal  wear  and  tear.  All items  fur nished by  the empl oyer shall  be  retur ned 
b y the empl oyee upon completion of the job. 	
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  empl oyee f or 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  bet ween  the
em ploy er and  the empl oyee.  When  credit  for  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.  	
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) hours  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. 	
—7  Room 
occupied alone ...........................................................   $51	
.73/
week  $6
1.1	3/
week  $56.43/
week 
Room  shared  ...............................	
........................................   $42.70	/
week  $50.46	/
week
  $46	
.58/
week 
Apartment  — two  thirds	
 (2/3) of  the	 ordinary	  renta	l value,  and in no 
event more than   .................................................................	
 
Where	
  a  couple	 are  both  employed  by the  employer,	 two  thirds (2/3)  
of	
 the ordinary r	ental  value,	 and  in no	 even	t more than  ..........
MEALS 
Breakfast	
  ........................................................................\
....	   $3.
98  $4.	70  $4.34 
Lunch  .................................................................................	
  $5.47 
$	6.47 $5.97 
Dinner	
  ................................................................................
  $	7.34
  $	8.68  $8	.01 
$621.28/
month
  $919.02/
month $677.75/
month
$1086.07/ month
$734	
.21/
month
$1002.56/month	
 
$1002.56/
month
$677.75/
month
$46.58/
week
$56.43/
week
LODGING
  JANUARY 1, 2017
 
26 or More 25 or Fewer  Employees 	
Employees	 
EFFECTIVE:
For	
  an  employer	 wh	o  employs: $49.38	
/
week 
$40.76/ week 
$	
3 .80  
$
5.22  
$7.0
9  
$	
593.05
/
month
month	
 
$	877.2
7/$	
47.03	/
week 
$38.82/ week 
$3.
62  
$
4.97  
$6
.68  
$	
564.81
/
month
month 
$835.49
/$5	
1.7	3/
week 
$42
.70/
week 
$3	
.98  
$
5.47  
$
7.35  
$621.2	
9/
month
month
 
$	919.0
4/$	
49.38/
week 
$4	
0.76/
week 
$3
.80  
$
5.22  
$7.01 
$593.0
5/
month
month
 
$877.2
6/ $4.34
$5.97 $8.01 J	
ANUARY 	1, 2018
 
26 or More	
 25 or Fewer 
Employees Employees	
  J
ANUARY  1,	
 201	9 
26	
 or More	 25 or  Fewer 
Employees Employees  J
ANUARY	
 1, 	2020  
26	
 or 	More 	25 or Fewer	 
Employees	
 Employees

(B)  An  employer  may  not  employ  an  employee  for  a  work  period  of  more  than  ten  (10)  hours  per  day  without  providing  the 
employe e with a  second  meal period of not  less  than  30 minu tes, ex cept that if the  total  hours worke d is  no  more  than 12 hours, 
the  s	
econd  meal period may  be waived by mu tual cons	ent of the  employe r and  the employe e only  if the  first  meal  period wa s not 
wa ive d. 
(C)  Unless  the employe e is  relieve d of  all  duty  during  a  30 minu te meal  period,  the meal  period s	
hall  be considered  an “on 
duty”  meal period and  c	
ounted  as time  worke d. An  “on  duty”  meal period shall  be perm itted only when  the nature  of the  work 
preve nts an  employe e from  being  relieve d of  all  duty  and when by wri tten agreement  between the  part ies an on-t he-job paid  meal 
peri od is agr eed to.  The wri tten agr eement shall state that the employe e may, in wri ting, revoke  the agreement at any  time. 
(D)  If an  employe r fails to prov ide an employe e a meal  period in accordance  with the applic	
able prov isions  of this  order,  the 
employe r shall  pay  the employe e one  (1) hour  of  pay  at the  employe e’s regular  ra te of compensation  fo r each  work day that  the 
meal peri od is not prov ided. 
(E)  In all  places  of employ ment where  employe es are  required  to eat  on the  premises, a  s	
uitable place  for that  purp ose 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
middle  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 per iod  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  period  time  shall  be  counted  as hours 
work ed for which there shall be no deduction from  wages. 
(B) If an  empl oyer  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   workday  that  the 
rest per iod is not pr ovided.  	
13.CHANGE  ROOMS AND RESTING FA CILITIES	
(A)Empl oyers  shall  pr ovide  suita ble  lo cker s, closet s, or equi valent   for  the  safek eeping  of empl oyees’  outer  clothing  during
wor king  hour s, and  when  required,   for  their   work  clothing  during  non-wor king hour s. When  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
e xcessive  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 rature  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 V

ATORS	
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.  	
17. EXE

MPTIONS	
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 w elfare  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.  	
—8

18.FILING REPOR TS	
(See California Labor Code , Section 1174(a))	
19.INSPECT

ION	
(See California 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 w as
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  O

RDER	
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.  	
—9  Q
UESTIONS AB OUT ENFORCEMENT RI WKH,QGXVWULDO
:HOIDU H&RPPLVVLRQ RUGHUVDQGUHSRUWV RIYLRODWLRQV VKRXOGEH
GLUHFWHG WRWKe  Labor  Commissioner 's Office.  $OLVWLQJ RIRIILFHV LVRQ
WKH EDFN RIWKLV ZDJH RUGHU 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 Offic	
e" on the internet or any 
other directory.  7KHLabor Commissioner KDVRIILFHV LQWKH IROORZLQ J
FLWLHV% DNHUVILHOG (O&HQWUR )U HVQR/ RQJ%HDF	
K/RV $QJHOHV
2DN	
ODQG5 HGGLQJ 6DFUDPHQWR6 DOLQDV6DQ%HUQ DUGLQR 6DQ
'LHJR 6DQ)UD QFLVFR6DQ-RVH 6DQWD$QD 6DQWD%DUEDUD 6DQWD
5RVD6WRFN WRQ9DQ1X\V S
UMMARIES 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.  Box  420603, Sa n Francisco, CA 94142-0 603.
RESUMEN EN OTRO S IDIOMAS
El	

  Depart amento  de Relaciones  Industriales  confeccionará  un  re- 
sumen  sobre los requisitos  de salario  y horario  de esta  Disposición 
en  español,  chino  y algunos  otros idiomas  cuando sea posibl e 
hacerlo.  Envíe  por correo  su pedido  por dicho s resúmenes  al  De- 
part amento a : P.O. Box 420603, S an Francisco, C A 94142-0 603. Depart
ment of Industrial Relations 
P.O.  Box 420603 
San F rancisco, CA 94 142-0603