California
Industrial Welfare Commission (IWC) Wage Order #8 Industries Handling Products After Harvest Poster
The Industrial Welfare Commission (IWC) Wage Order #8 Industries Handling Products After Harvest 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 industries handling products after harvest.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the handling products after harvest 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 N OTICE INDUSTRIA L WELFARE COMMISSION ORDER NO . 8-2001 REGUL ATING W AGES , HOUR S AND WORKING CONDITI ONS IN THE INDUSTRI ES HANDLING PRODUCT S AFT ER HARVEST Ef fec tive J anua ry 1 , 2002 a s 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 This Order Must Be Posted Where Employees Can Read It Easily IWC FORM 1108 (Rev. 11/2018) OSP 06 98766 ? 1 •Please Post With This Side Showing • OFFICIAL NOTICE Effective January 1, 2002 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 INDUSTRIA L WELFARE COMMISSION ORD ER NO . 8-2001 REGUL ATING WAG ES, HOUR S AND WORKIN G CONDITION S IN THE INDUSTRIE S HANDLI NG PRODUCT S AFT ER HARVEST TAKE NOTICE: To employers and representativ es of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimu m wa ge and meals and lodging credits in the Industri al 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. APP LICABILITY OF ORDER This order shall apply to all persons employed in the industries handling products after harvest whether paid on a time, piece rat e, commission, or other basis, except that: (A) Pr ovisions of Sections 3 through 12 of this order shall not apply to persons employ ed in administr ative , ex ecutive, or professional capacities. The following requirements shall apply in determining whether an employ ee ?s duties meet the tes t to qualify f or an ex emption from those sections: (1) Executive Exemption. A person employed in an executive capacity means any employee: (a) Whose duties and responsibilities invo lve the management of the enterprise in which he/she is employe d or of a customarily recogniz ed department or subdivision thereof; and (b) Who customarily and regular ly 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 fi ring and as to the advancement and promotion or any other change of status of other employees will be gi ven particular weight; and (d) Who customar ily and regular ly ex ercises 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 constr ued 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, f or example, all work that is directly and closely related to ex empt work and work which is proper ly vi ew ed as a means f or carrying out ex empt functions. The work actually performed by the employ ee du ring the course of the workweek must, first and foremost, be examined and the amount of time the employ ee spends on such wor k, together with the employ er ?s realistic expecta- tions and the realistic requirements of the jo b, shall be considered in dete rmi ning whether the employ ee satisfies this requirement. (f) Such an employ ee must also earn a monthly salary equivalent to no less than two (2) times the s tate minimum wage f or full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. (2) Administr ative Exemption. A person employ ed in an administr ative capacity means any employ ee: (a) Whose duties and responsibilities inv olve either: (i) The performance of office or non- manual work directly related to management policies or gener al business operations of his/her employ er or his/her employ er ?s customers; or (ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a depa rtment or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (b) Who customar ily and regular ly ex ercises discretion and independent judgment; and (c) Who regularly and directly assists a proprietor, or an employ ee employed in a bona fide executive or administr ative capacity (as such terms are defined f or purposes of this section); or (d) Who perfor ms under only gener al supervision work along specializ ed or technical lines requiring special training, experience, or kn owledge; or (e)Who ex ecutes under only general supervision special assignments and tasks; and (f) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be constr ued in the same manner as such terms are constr ued in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201- 205, 541.207- 208, 541.210, and 541.215. Exempt work shall include, f or example, all work that is directly and closely related to ex empt work and work which is proper ly vi ew ed as a means f or carrying out exempt functions. The work actually performed by the employ ee during the course of the workweek must, first and foremost, be examined and the amount of time the employ ee spends on such wor k, together with the employ er ?s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employ ee satisfies this requirement. ? 2 (g) Such employ ee must also earn a monthly salary equiv alent to no less than two (2) times the state minim um wage f or full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. (3) Professional Exemption. A person employ ed in a professional capacity means any employ ee who meets al l of the f ol lowing requirements: (a) Who is licensed or ce rtified by the State of California and is primar ily engaged in the practice of one of the following recogniz ed professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or (b) Who is primar ily engaged in an occupation commonly recogniz ed as a lear ned or artistic profession. F or the pur poses of this subsection, ? O H Drned or artistic prof H V V L R Q ? means an employ ee who is primarily engaged in the performance of: (i) Work requiring kn owledge of an advanced type in a field or science or learning customar ily acquired by a pro- l onged course of specializ ed intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily incident to any of the above wor k; or (ii) Work that is original and creative in character in a recogniz ed field of artistic endeav or (as opposed to work which can be produced by a person endo wed with gene ral ma nual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employ ee or work that is an essential part of or necessarily incident to any of the above wor k; and (iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, me chanical, or physical wor k) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. (c) Who customarily and regularly 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 salar y equi valent to no less than two (2) times the state minim um wage f or full-time employ ment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week. (e) Subpara graph (b) above is intended to be construed in accordance with the following provisions of f ederal law as th ey existed as of the date of this w age 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 pr ovisions of this subparagr aph, pha rmacists employ ed to engage in the practice of pharmacy, and registered nurses employ ed to engage in the practice of nursing, shall not be considered exem pt professional employ ees, nor shall they be considered exe mpt from coverage for the purposes of this subpara graph unless they individually meet the criter ia established f or ex emption as ex ecutive or administr ative employ ees. (g) Subparagraph (f) above shall not apply to the following advanced practice nurses: (i) Certified nurse midwiv es who are primar ily engaged in per forming duties f or which certification is required pursu ant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (ii) Certified nurse anesthetists who are primar ily engaged in per forming duties f or which ce rtification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. (iii) Certified nurse practitioners who are primar ily engaged in per forming duties f or which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (iv) Nothing in this subpara graph shall exempt the occupations set for th in clauses (i), (ii), and (iii) from meeting the requirements of subsection 1(A)(3)(a) ?(d) above. (h) Except, as pr ovided in subpara graph (i), an employ ee in the computer software field who is paid on an hour ly basis shall be ex empt from the daily over time pay provisions of Labor Code Section 510, if all of the following apply: (i) The employ ee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion and independent judgment. (ii) The employ ee is primarily engaged in duties that consist of one or more of the following: ? The application of systems analysis techniques and procedures, including consulting with users, to determine hardw are, softw are, or system functional specifications. ? The design, development, 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 software or hardware f or computer operating systems. (iii) The employ ee is highly skilled and is proficient in the theoretical and practical application of highly specializ ed in formation to computer systems analysis, pro gramming, and software engineering. A job title shall not be determinative of the applicability of this exemption. (iv) The employ ee ?s hou rly 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 r ate on October 1 of each year to be ef fective on Janua ry 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index f or Urban W age Earners and Clerical Work ers.* (i) The exemption provided in subpara graph (h) does not apply to an employ ee if a ny of the following apply: (i) The employ ee is a trainee or employ ee in an entr y-lev el position who is learning to become proficient in the theoretical and practical application of highly specializ ed inf ormation to computer systems analysis, pro gramming, and software engineering. (ii) The employ ee is in a computer-related occupation b ut 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 co mputer hardware and related equipment. ? 3 * Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Industrial Relations, has adjusted the minim um hourly rate of pay specified in this subdivision to be $49.77, effective Janua ry 1, 2007. This hour ly rate of pay is adjusted on October 1 of each year to be ef fective on Janua ry 1, of the following y ear, and may be obtained at ww w.dir.ca.gov/IWC or by mail from the Department of Industrial Relations. (iv) The employ ee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software pro grams and who is skilled in computer-aided design softw are, including CAD/CAM, b ut who is not in a computer systems analysis or pro gramming occupation. (v) The employ ee 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 f or print or for on screen media or who writes or pr ovides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the Wor ld Wide W eb or CD-R OMs. (vi) The employ ee is engaged in any of the activities set for th in subpara graph (h) f or the pu rpose of creating imagery f or ef fects 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 employ ed 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 pro gram, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amend ing Labor Code Section 1171.) 2. DEFINITIONS (A) An ? D O W H rnati ve workw eek V F K H G X O H ? means any regular ly scheduled workw eek requiring an employee to work more than eight (8) hours in a 24 -hour period. (B) ? &