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.
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 R I W K H , Q G X V W U L D O : H O I D U H &