California Industrial Welfare Commission (IWC) Wage Order #7 Mercantile Industry Poster
The Industrial Welfare Commission (IWC) Wage Order #7 Mercantile 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 mercantile industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the mercantile industry. All ten pages are required to be posted. The notice includes information relative to applicability and exemption of the order, legal definitions, hours and days of work definitions, minimum wages, reporting procedures, disability clauses, records procedures, rest and recover periods, and overall satisfactory working conditions required by the state of California.
OFFICIAL NOTICE INDUSTRIAL WELFARE COMMISSION ORDER NO. 7-2001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE MERCANTILE INDUSTRY Effective July 1, 2002 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2023 pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This Order Must Be Posted Where Employees Can Read It Easily IWC FORM 1107 (Rev.11/2022 ) OSP 06 98765 — 1 TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission’ s Orders as a result of legislation enacted ( SB 3, Ch. 4 , Stats of 2016 amending section 1182.12 of the California Labor Code) , and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC’s Orders. 1. APPLICABILITY OF ORDER This order shall apply to all persons employed in the mercantile industry whether paid on a time, piece rate, commission, or other basis, except that: (A) Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections: (1) Executive Exemption. A person employed in an executive capacity means any employee: (a) Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision thereof; and (b) Who customarily and regularly directs the work of two or more other employees therein; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) Who customarily and regularly exercises discretion and independent judgment; and (e) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104- 111, and 541.115- 116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. (f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per week. (2) Administrative Exemption. A person employed in an administrative capacity means any employee: (a) Whose duties and responsibilities involve either: (i) The performance of office or non- manual work directly related to management policies or general business operations of his/her employer or his/her employer’s customers; or (ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (b) Who customarily and regularly exercises discretion and independent judgment; and (c) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section); or (d) Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (e) Who executes under only general supervision special assignments and tasks; and (f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201- 205, 541.207-208, and 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of INDUSTRIAL WELFARE COMMISSION ORDER NO. 7-2001 REGUL ATING WAGES, HOURS AND WORKING CONDITIONS IN THE MERCANTILE INDUSTRY — 3 (i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply: (i) The employee is a trainee or employee in an entry -level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (ii) The employee is in a computer -related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision. (iii) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment. (iv) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer -aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation. (v) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer -related media such as the World Wide Web or CD -ROMs. (vi) The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry. (B) Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district. (C) The provisions of this order shall not apply to outside salespersons. (D) The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child or the employer. (E) The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.) 2. DEFINITIONS (A) An “a lte rnat iv e w ork week schedul e” m eans any regul arly scheduled w ork week requ iring an e m plo yee to w ork m ore than e ight (8) hou rs in a 2 4-hour p eriod. (B) “C ommissi on” m eans the In dustr ial Welf are Com mission of the State of Ca li f o rn ia. (C) “Div isi on” m eans the Di vision of Labor Standards E nforc em ent of the State of Ca li f o rn ia. (D) “Emplo y ” m eans to engag e, su ffe r, or per mit to work. (E) “Emplo ye e ” m eans any per son e m plo yed b y an e m plo ye r, and in cludes a ny les see who is charged r ent, o r who pays rent f or a chai r, booth, or spa ce; a nd (1) Who does not use his/her own funds to purchase requisite supplies; and (2) Who does not maintain an appointment book separate and distinct from that of the establishment in which the space is located; and (3) Who does not have a business license where applicable. (F) “Em plo ye r ” m eans any pers on as defined in Se ction 18 o f the Labor Cod e, who d ir e ctly or ind ir e ctly , or through an agent or a ny other p erson, e m plo ys or e xercises c ontrol o ver the w ages , hours , or w orking c o nd itions o f any person. (G) “Hours work ed” m eans the tim e dur ing which an em plo ye e is sub je ct to the control o f an em plo ye r, and inc ludes all the ti m e the em plo yee is s uf fer ed or per mitted to wo rk, whet her or not requ ir ed to do s o . (H) “M ercant ile Indust ry ” m eans any indu str y , b u sines s, or e sta blish ment oper ated for the pu rpo se of purchas ing, selli n g, or d ist ribut ing goods or co mmo dities at whol esa le or r eta il; o r for the pur pose of rent ing goods or com mod iti e s. (I) “M ino r” m ean s, for the pu rp o se of th is ord er, a ny person under the age of 18 yea rs . (J) “O utside sa le spers on” m ea ns any person, 18 years of age or o ve r, who cu sto maril y an d regu la rly w ork s more than hal f th e w orking ti m e aw ay fr om the e m plo ye r’s p la ce of b u sin ess se lling tang ib le or intang ib le ite ms or obtaini ng orders or cont ra cts for product s, s e rv ices or use o f fa ciliti es . (K) “Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time. (L) “Shift ” m eans de signated h ours of w ork b y an e m plo ye e, with a de signated beg inn ing ti m e and quitt ing t im e. (M) “Split sh if t” m eans a work s chedul e, which is inter rupted b y no n-pa id non -w orking pe riods e sta blished b y the e m plo ye r, other than bona f ide rest or m eal pe rio ds. (N) “Tea ch i ng” m ean s, for the p urpo se of Se ction 1 of th is or de r, the p ro fe ssion o f tea ch ing under a c e rti ficate f r om the Com mission for T ea cher Prepa rat ion and Licens ing or teach ing in an a cc red ited c o lle ge or un iv ersit y. (O) “Wag es ” in clude s all a m ounts for labor pe rfo rm ed by e m plo yees of e ve ry de script ion, whether the a m ount is f ix ed or a sce rta ined b y the standard of tim e, ta sk, p iec e, co mmission ba sis , or other m ethod of ca lc u lat ion. (P) “W ork d a y” and “d a y” m ean any cons ecut iv e 24 -hour pe riod beg inn ing at the s a m e tim e ea ch c a lendar d ay. (Q) “Work w ee k ” and ”w ee k ” m ea n any se ven (7) con se cut iv e d ays, sta rting with the sa me ca lendar d ay ea ch w eek . ”W ork w ee k ” is a fix ed and regula rly re cu rring pe riod of 168 hou rs, se ven (7) c on se cut iv e 24 -hour p e riods . 3. HOURS AND DAYS OF WORK (A) Daily Overtime - General Provisions (1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. — 10 For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html or contact the State of California at the following department offices: California Labor Commissioner's Office, also known as, Division of Labor Standards Enforcement (DLSE) BAKERSFIELD Labor Commissioner's Office/DLSE REDDING Labor Commissioner's Office/DLSE SAN JOSE Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-225 -2655 100 Paseo De San Antonio, Room 120 San Jose, CA 95113 408-277 -1266 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 92243 922 43 760 -353 -0607 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916 -263 -1811 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 9270 7 714 -558 -4910 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 SANTA BARBARA Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Fresno, CA 93710 Salinas, CA 93901 Santa Barbara, CA 93101 559 -244 -5340 831 -443 -3041 805 -568 -1222 LONG BEACH SAN BERNARDINO Labor Commissioner's Office/DLSE 300 Oceangate, 3 rd Floor Labor Commissioner's Office/DLSE 464 West 4 th Street, Room 348 SANTA ROSA Labor Commissioner's Office/DLSE Long Beach, CA 90802 San Bernardino, CA 92401 50 ?D? Street, Suite 360 562 -590 -5048 909 -383 -4334 Santa Rosa, CA 95404 707 -576 -2362 LOS ANGELES SAN DIEGO Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE STOCKTON 320 W. Fourth St., Suite 450 7575 Metropolitan Dr., Room 210 Labor Commissioner's Office/DLSE Los Angeles, CA 90013 San Diego, CA 92108 31 E. Channel Street, Room 317 213 -620 -6330 619 -220 -5451 Stockton, CA 95202 209 -948 -7771 OAKLAND SAN FRANCISCO Labor Commissioner's Office/DLSE 1515 Clay Street, Room 801 Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10 th Floor VAN NUYS Labor Commissioner's Office/DLSE Oakland, CA 94612 San Francisco, CA 94102 6150 Van Nuys Boulevard, Room 206 510 -622 -3273 415 -703 -5300 Van Nuys, CA 91401 818 -901 -5315 OAKLAND – HEADQUARTERS Labor Commissioner's Office/DLSE 1515 Clay Street, Room 1302 Oakland, CA 94612 510 -285 -2118 [email protected] EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures. Only the results of the alternative workweek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142- 0603 (415) 703- 4780 Prevailing Wage Hotline (415) 703 -4774
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