California Industrial Welfare Commission (IWC) Wage Order #10 Amusement and Recreation Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 10- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
AMUSEMENT AND RECREATION  INDUSTRY  	
 	
Effective January 1, 2002 as  amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of Industrial  Relations, 
effective January 1, 2024 , 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 	
 
 	
Visit  www.dir.ca.gov  	
 
 
 
 
 
 
 
 
 
 	
IWC FORM 1110 (Rev.  11/2023 ) 
OSP 06  98768

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TAKE NOTICE: To  employers and representatives of persons working in industries and occupations in the State of California:  
The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial  
Welfare Commission’ s Orders as a result of legislation enacted ( SB  3, Ch.  4 , Stats of 2016 ,  amending section  1182.12  of the   
California Labor Code) , and pursuant to section  1182.13  of the California Labor Code.   Also, this Order has been amended and 
republished in compliance with SB 332 (Ch. 866, Stats. 2023), enacting section 514.5 of the 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 amusement and recreation industry whether paid on a time, piece rate,  
com - mission, 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  541.15- 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  ca rrying  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  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 terms are construed in the following regulations under the 
Fair  Labor Standards Act effective as of the date of this order: 29 C.F.R.  Sections 541.201-205, 541.207-208, 541.210, and 541.215. 
Exempt  work shall  include,  for example,  all  work  that  is  directly  and  closely  related  to exempt  work and  work  which  is  properly  
viewed  as  a  means  for carrying  out  exempt  functions.  The  work  actually  performed  by the  employee  during the course  of the 	
 	 	
  	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	  	  	 	 	
 	 	 	 	 	 	
INDUSTRIA L WELFARE CO MMISSION 
O RDER  N O. 10- 2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
A	M	US	EME	N	T	 A	N	D	 RECR	E	A	TION	 IND	U	S	T	R	Y

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workweek must,  first  and foremost, be examined and the amount of time the employee spends on such work, together with the 
employer’s  realistic expectations and  the realistic  requirements  of  the  job, shall  be  considered  in determining  whether the  
employee  satisfies this requirement.  	
(g) 	 Such employee  must also  earn  a monthly  salary  equivalent  to  no less  than  two (2)  times  the  state  minimum  
wage  for full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(3) 	 Professional  Exemption.  A  person  employed  in a  professional capacity  means  any  employee who  meets all of  the 	
following requirements:  	
(a) 	 Who is licensed  or  certified  by  the  State  of California  and is primarily  engaged  in the  practice  of one  of the  
following recognized  professions: law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or  	
(b) 	 W ho  is  pr im arily  enga ged in a n  o cc upa tio n  c o mmo nly re co gn iz ed  as a  le a rned  or a rtis tic  pro fe ssion.    F or  the 
pur pose s of  thi s s u bse cti o n,  “	
lear ned  or a rtis tic  pro fe ssi on” m ean s a n  e m plo yee  who  is pri ma rily  eng aged  in th e per for mance  of:  	
(i)  Work  requiring  knowledge  of an  advanced  type in a  field  or science  or  learning  customarily  acquired  by  a 
prolonged course of specialized 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 work;  or  
(ii)  	 Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work  
which can  be produced  by a  person  endowed  with general  manual  or  intellectual  ability  and training),  and  the result  of  which  
depends  primarily on  the invention,  imagination,  or  talent  of  the  employee  or work  that  is  an  essential  part  of  or  necessarily  
incident  to  any  of  the  above work;  and 	
(iii)  Whose work is  predominantly intellectual and varied in character (as opposed to routine mental,  manual, 
mechanical,  or  physical  work)  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  exercises  discretion  and independent  judgment  in  the  performance  of duties  set  
forth  in subparagraphs (a) and  (b). 	
(d) 	 Who earns 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.  	
(e) 	 Subparagraph (b) above is intended to be construed in accordance with the following provisions  of federal law   
as  they  existed  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  subparagraph,  pharmacists  employed  to engage  in the  practice  of  
pharmacy,  and registered nurses employed to engage in the practice of nursing, shall not be considered exempt  professional 
employees, nor  shall they  be  considered  exempt from  coverage  for the  purposes  of  this  subparagraph  unless they  individually  
meet  the  criteria  established for  exemption as executive or administrative  employees.  	
(g) 	 Subparagraph (f) above shall not apply to the following advanced practice  nurses: 
(i)  Certified nurse midwives who are primarily engaged in performing duties for  which certification is required  
pursuant 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  primarily  engaged  in performing  duties for  which  certification  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  primarily  engaged  in performing  duties for  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  subparagraph  shall exempt  the occupations  set  forth  in clauses  (i), (ii),  and  (iii) from  meeting  
the requirements of subsection 1(A)(3)(a) -(d)  above.  	
(h) 	 Except,  as  provided  in subparagraph  (i), an  employee  in the  computer  software  field who is  paid  on an  hourly  
basis shall be exempt,  if all of the following apply: 
(i)  The employee  is  primarily  engaged  in work  that  is  intellectual  or  creative  and requires  the  exercise  of  
discretion and independent  judgment.  
(ii) 	 The employee 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 hardware, software, or system functional  specifications.  
—The  design,  development,  documentation,  analysis, creation,  testing, or  modification  of computer  systems  
or  pro - grams, including prototypes, based on and related to user or system design specifications.  
—The  documentation,  testing,  creation,  or  modification  of  computer  programs  related  to the  design  of 
software  or hardware  for computer operating   systems. 	
(iii) 	 The  employee  is highly  skilled  and  is proficient  in  the  theoretical  and  practical  application  of highly  
specialized  information to computer systems analysis, programming, and software engineering. A job title shall not be determinative 
of  the applicability of this  exemption.  	
(iv) 	 The  employee’s hourly rate of pay is not less than forty -one dollars ($41.00). The Division of Labor Statistics  
and Research  shall adjust  this pay  rate on October  1 of  each year  to be effective on January  1  of  the  following  year by  an amount  
equal  to  the  percentage  increase in the  California  Consumer  Price  Index  for  Urban  Wage Earners  and  Clerical  Workers.	
1 	
(i)  The exemption provided in subparagraph (h) does not apply to an employee if  any of the following apply: 	
 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research, Department of Industrial Relations, 
has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of 
pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
https://www.dir.ca.gov/oprl/ComputerSoftware.htm  or by mail from the Department of Industrial Relations .

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(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)  	
 The  provisions  of  this  order  shall  apply  to  all employees  employed  by any  employer  operating  a business  at  a  horse 
racing  facility, including  stable employees.  Stable  employees  include  but are  not  limited  to  grooms,  hot  walkers,  exercise  
workers,  and  any other  employees  engaged  in the  raising,  feeding,  or  management  of  racehorses,  employed  by  a  trainer  at  a  
racetrack  or  other  non-  farm training  facility. 	
(C) 	 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.  	
(D) 	 The provisions of this order shall not apply to outside  salespersons. 	
(E) 	 The  provisions  of  this  order  shall  not  apply  to  any  individual  who  is  the  parent,  spouse,  child,  or  legally  adopted  child 
of  the employer.  	
(F) 	 Except  as  provided  in Sections  1,  2,  4,  10,  and  20, the  provisions  of this  order  shall  not  apply  to  full -time  carnival  ride 
operators employed  by traveling  carnivals.  	
(G) 	 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.) 
(H)  The provisions  of  this  section  are  not  applicable  to any  crew  member  employed  on a  commercial  passenger  fishing  boat 
licensed pursuant  to  Article  5  (commencing  with Section  7920) of  Chapter  1  of  Part  3  of  Division  6  of  the  Fish  and  Game  Code.	
 	
(I) Except  as  provided  in Sections  1,  2,  4,  10,  and  20, the  provisions  of this  order  shall  not  apply  to  professional  actors.  
(J) Except as provided in Sections 1, 2, 8, and 13 to 22, inclusive, the provisions of this order shall not apply to any person 
who is covered by a contract to play baseball at the minor league level that meets the prerequisites set out at Labor Code section 
514.5(a).	
 	
2.  DEFINITIONS  	
(A) ”Amusement  and Recreation Industry ”  means any  industry, business, or establishment operated for  the purpose of 
furnishing entertainment or recreation to the public, including but not limited to theaters, dance halls, bowling alleys, bil liard parlors, 
skating  rinks, riding  academies,  racetracks,  amusement  parks,  athletic  fields,  swimming  pools,  gymnasiums,  golf  courses,  tennis  
courts,  carnivals, and wired music  studios.	
 	
(B)  An ”alternative workweek schedule”  means any regularly scheduled workweek requiring an employee to work more than  
eight  (8) hours in a 24- hour period.  
(C) “ Commission ” means the Industrial Welfare Commission of the State of  California.	
 	
(D) “ Division ” means the Division of Labor Standards Enforcement of the State of  California.	 	
(E) “ Employ ” means to engage,  suffer, or permit to  work.	 	
(F) “Employee”  means any person employed  by an  employer.	 	
(G) “ Employer ” means  any  person  as defined  in Section  18 of the  Labor  Code,  who  directly  or  indirectly,  or  through  an agent  
or  any other person, employs or exercises control over the wages, hours, or working conditions of any  person.	
 
(H)  	
 “Hours  worked”  means  the  time  during  which an  employee  is subject  to  the  control  of  an  employer,  and includes  all  the 
time the employee is suffered or permitted to work, whether or not required to do  so. 	
(I)  “Minor ” means, for  the purpose of this order, any person under the age of 18  years. 
(J) 	 “Outside  salesperson”  means  any  person,  18  years  of  age  or over,  who  customarily  and  regularly  works  more  than  half 
the working  time away from  the  employer’s  place  of business  selling  tangible  or intangible  items or  obtaining  orders or  
contracts  for  products, services or use of  facilities.  	
(K) 	 “Primarily”  as used in Section 1, Applicability, means more than one- half the employee’s  work time.  	
(L) 	 “Shift ” means designated hours of work  by an employee, with a designated beginning time and quitting time.  	
(M) 	 “Split shift ”  means a work schedule, which is interrupted by  non-paid non- working periods established by  the employer,  
other than bona fide rest or meal  periods.  	
(N) 	 “Teac hing”  m ea ns , for the   p urp ose   of   Se ction   1  of   this   ord er,   the   pro fe ss io n   of  te ach ing   under   a  ce rtif ic ate   from  
th e Co mmission  for T eacher  Pr epa rat ion  and  L ic e n sing  or teach ing in  an  accr edi ted  co lle ge  or uni ve rs ity. 	
(O)  	 “W ag es”  in clu des  a ll   a m ounts  for  labor  p er fo rm ed  by e m plo ye es  of  e ve ry  descrip tion,  w het her  the  am ount  is  fixed  or 
a sce rtaine d by the  stand ard of  ti m e,  ta sk,  piece , co m m is sion  basis , or  o ther  m ethod  of c a lc u lat ion.  	
(P) 	 “W orkd a	y” a nd  “da	y” m ean  a ny c ons ecu tiv e  24- hour  per iod  begi nni ng  at  th e s a m e ti m e e a ch  c a le ndar  d ay.

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(Q) 	 “Wor kw eek ”  and  “w eek ”  m ean  any  se ven  (7)  co nse cu tive   days,  sta rting  with  the  sa m e  calend ar day  eac h  w eek . 
” Wo rk w eek ”	
 is a fi xed  and  regul arly  re curri ng  peri od  of  168  hour s,  se ven  (7)  cons ecut iv e  24- hour  peri od s. 	
3.  H OURS 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.  Such employees  shall  not  be  employed  more than  eight (8)  hours  in  any  workday  or  more  than  40 hours  in  any  
workweek  unless  the employee  receives one and one-half (1	
1/2)
  times  such  employee’s  regular  rate  of pay  for  all  hours  
worked  over 40  hours  in  the workweek.  Eight  (8)  hours  of  labor  constitutes  a  day’s  work.  Employment  beyond  eight (8)  hours  
in  any  workday  or  more  than  six (6) days  in  any  workweek  is  permissible  provided  the employee  is compensated  for such  
overtime  at not  less  than:  	
(a) 	 One and  one-half (1	1/2)
  times  the  employee’s  regular  rate  of pay  for  all  hours  worked  in excess  of  eight  (8) 
hours  up  to and  including  12 hours  in  any  workday,  and  for the  first eight  (8)  hours  worked  on the  seventh  (7	th)  consecutive  
day  of  work  in  a workweek;  and 	
(b) 	 Double  the employee’s  regular  rate  of pay  for  all  hours  worked  in excess  of 12  hours  in  any  workday  and for all 
hours  worked in excess of eight (8) hours on the seventh (7	th) consecutive day of work in a workweek.  The overtime rate of 
compensation required to be  paid to a nonexempt full-time salaried employee shall be  computed by  using  the  employee’s  regular  
hourly  salary  as  one- fortieth  (1/40) of  the  employee’s  weekly  salary. 
(B) Alternative Workweek  Schedules  	
(1) No employer shall be deemed to have  violated the daily overtime provisions by  instituting, pursuant to the election 
procedures  set  forth  in this  wage  order, a  regularly  scheduled  alternative  workweek schedule  of not  more  than  ten (10) hours  
per  day  within  a  40  hour  workweek  without  the  payment  of  an  overtime  rate of compensation. All  work  performed  in any  workday  
beyond  the schedule  established by the  agreement  up  to 12  hours  a  day  or  beyond  40 hours  per  week  shall  be  paid  at one  
and  one-half (1	
1/2) times
 the  employee’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  worked beyond the regularly scheduled  number of workdays  established  by  the  
alternative  workweek  agreement shall  be  paid  at double  the employee’s  regular  rate  of pay.  Any  alternative  workweek 
agreement  adopted  pursuant to  this  section shall  provide  for not  less  than  four (4)  hours  of  work  in  any  shift.  Nothing  in this  
section  shall  prohibit  an  employer,  at  the  request  of the employee, to substitute one  day of work  for another  day of the same length 
in the shift provided  by the alternative  workweek agreement  on  an occasional  basis  to  meet  the  personal  needs  of  the  employee  
without  the  payment  of  overtime.  No  hours  paid  at either  one  and one-half (1	
1/2)
  or  double  the regular  rate  of pay  shall  be 
included  in determining  when 40 hours  have 	
been  worked  for the purpose of computing overtime  compensation. 	
(2) 	 If an  employer  whose  employees  have  adopted  an alternative  workweek agreement  permitted  by this  order  requires  
an employee to work  fewer hours than those that are regularly scheduled  by the agreement, the employer shall pay the employee 
overtime compensation  at a  rate  of one  and one- half (1	
1/2)
  times  the  employee’s  regular  rate  of pay  for  all  hours  worked  in 
excess  of  eight  (8) hours,  and  double  the employee’s  regular  rate  of pay  for  all  hours  worked  in excess  of  12  hours  for  the  day 
the  employee  is required to work the reduced  hours. 	
(3) 	 An employer  shall  not  reduce  an employee’s  regular  rate  of  hourly  pay  as  a  result  of  the  adoption,  repeal  or  nullification  
of an alternative workweek  schedule.  	
(4) 	 An employer shall explore any available reasonable alternative means of accommodating the religious belief or  
observance of  an  affected  employee  that conflicts  with  an  adopted  alternative  workweek schedule,  in  the  manner  provided  by 
subdivision  (j)  of Section 12940 of the Government  Code.  	
(5) 	 An employer  shall  make  a  reasonable  effort to  find  a  work  schedule  not to  exceed  eight  (8)  hours  in  a  workday,  in  
order  to  accommodate any  affected employee who  was eligible  to vote  in an election authorized  by this  section  and who is unable 
to  work  the alternative workweek schedule established as the result of that  election.  	
(6) 	 An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday  
to accommodate  any employee  who is  hired  after the  date  of the  election  and  who  is  unable  to  work  the  alternative  workweek  
schedule established  by the  election.  	
(7) 	 Arrangements  adopted  in a  secret  ballot  election  held pursuant  to  this  order  prior  to  1998,  or  under  the  rules  in  effect  
prior  to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election 
are  reported  by the employer to the Office of Policy, Research and Legislation by  January 1, 2001, in accordance with the 
requirements  of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek 
schedule of  not   more than  ten  (10) hours  a  day  as  of  July  1, 1999,  that  alternative  workweek schedule  was based  on an 
individual  agreement  made  after January 1, 1998 between the employee and  employer, and the  employee  submitted, and  the 
employer  approved, a written   request on or before  May 30,  2000  to continue  the agreement,  the  employee  may continue  
to  work  that  alternative  workweek schedule without payment of an overtime rate of compensation for  the hours provided in the 
agreement. The employee may revoke  his/her voluntary  authorization  to continue  such  a  schedule  with  30  days  written  notice 
to  the  employer.  New arrangements  can  only be entered into pursuant to the provisions of this  section.  
(C) Election  Procedures 
Election procedures  for the adoption and repeal of alternative workweek schedules require the following:  
(1)  Each proposal for  an alternative workweek schedule shall be in the form of a written agreement proposed by  the 
employer.  The proposed agreement must designate a regularly scheduled alternative workweek  in which  the  specified  number 
of  work   days and  work hours  are  regularly  recurring.  The  actual  days  worked  within that  alternative  workweek  schedule  need 
not  be  specified.  The employer  may  propose  a single  work  schedule  that would  become  the standard  schedule  for workers  in  
the  work  unit,  or  a  menu  of work  schedule  options, from  which  each  employee  in the  unit would  be  entitled  to choose.  If  the

—	5 	 	
2 	
employer proposes  a  menu  of  work schedule  options, the  employee  may, with  the  approval  of  the  employer,  move from  one 
menu  option  to another.  
(2)  In order  to  be  valid,  the  proposed  alternative  workweek  schedule  must be  adopted  in a  secret  ballot  election,  before 
the performance  of work,  by  at  least  a  two -thirds  (2/3)  vote  of the  affected  employees  in  the  work  unit.  The  election  shall be  
held  during regular working hours at the employees’ work site.  For purposes of this subsection, ―affected  employees in the work 
unit‖ may  include all  employees  in  a  readily  identifiable  work unit,  such  as  a  division,  a  department,  a  job  classification,  a  
shift,  a  separate  physical location,  or  a  recognized  subdivision of  any  such  work  unit. A  work  unit  may  consist  of  an  individual  
employee  as long  as the  criteria  for  an identifiable work unit in this subsection are  met. 
(3)  Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have    
made a  disclosure  in  writing  to  the  affected  employees,  including  the  effects  of  the  proposed  arrangement  on  the  employees’  
wages,  hours, and  benefits. Such  a disclosure  shall  include  meeting(s),  duly  noticed,  held  at least  14  days  prior  to  voting,  for  the  
specific  purpose of discussing  the  effects  of  the  alternative  workweek schedule. An  employer shall  provide  that disclosure  in  a  
non- English  language,  as  well  as  in  English,  if  at  least  five  (5) percent  of the  affected employees  primarily  speak that  non- English  
language.  The  employer  shall mail  the  written  disclosure  to  employees  who  do  not attend  the meeting.  Failure  to comply  with this  
paragraph  shall make  the  election null and  void. 	
(4) Any  election  to establish  or  repeal  an  alternative  workweek schedule  shall be held  at the  work  site  of  the  affected 
employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by  an 
affected  employee, and  after an  investigation  by the  labor  commissioner,  the  labor  commissioner  may  require  the employer  to 
select  a  neutral  third  party to conduct the  election. 
(5)  Any  type  of alternative  workweek schedule  that is  authorized  by  the  Labor  Code  may be repealed  by the  
affected employees.  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 reverse the alternative workweek schedule. The election to 
repeal  the alternative workweek schedule shall be held not more than 30 days  after the petition is submitted to the employer, except 
that  the election  shall be  held  not  less  than  12 months  after  the  date  that the  same  group  of employees  voted  in an  election  
held  to adopt  or repeal  an  alternative  workweek schedule.  The  election  shall  take  place  during  regular working  hours at  the  
employees’  work  site. If the alternative workweek schedule is revoked,  the employer shall  comply  within  60  days.  Upon  proper  
showing  of   undue hardship,  the  Division  of  Labor  Standards  Enforcement  may  grant  an  extension  of time  for  compliance.  
(6)  Only  secret  ballots  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 reported  by the  employer  to  the  Office  of Policy,  
Research  and Legislation  within 30  days  after  the  results  are  final,  and  the report  of  election  results shall  be  a public  document. 
The  report  shall include the final tally of the  vote, the size of the unit, and the nature of the business of the  employer. 
(7) Employees  affected  by a  change  in the  work  hours  resulting  from the  adoption  of an  alternative  workweek schedule 
may  not  be  required  to work  those  new work  hours  for  at  least  30  days  after  the  announcement  of  the  final  results  of  the  election.  
(8)  Employers  shall  not  intimidate  or coerce  employees  to  vote  either  in  support  of  or  in  opposition  to a proposed  
alternative workweek.  No  employees  shall  be discharged  or discriminated  against for  expressing  opinions concerning  the 
alternative  workweek election or for  opposing or supporting its adoption or repeal. However,  nothing in this section shall prohibit 
an employer from  expressing his/her position concerning that alternative workweek to the affected employees. A violation of this 
paragraph 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  over  40  hours  in  any  workweek  
except minors 16 or 17 years old who are not required by  law to attend school and may therefore be employed for the same hours 
as an  adult are subject to subsection (A) or (B) and (C)  above.  
( VIOLATIONS  OF  CHILD  LABOR  LAWS are  subject  to  civil  penalties  of  from  $500  to  $10,000  as well  as  to  criminal  
penalt ies. Refer  to  California  Labor Code  Sections  1285  to 1312  and 1390  to 1399  for additional  restrictions  on  the 
employment of  minors  and  for descriptions  of  criminal  and civil  penalties  for  violation  of  the  child  labor  laws.  Employers  
should  ask school districts about any required work permits.)  
(E)  An employee  may  be  employed  on seven  (7)  workdays  in  one  workweek  when  the  total  hours  of  employment  during  
such workweek  do  not exceed  30 and  the total  hours  of  employment  in  any  one  workday  thereof  do  not exceed  six (6).  	
(F)  If a  meal  period  occurs on  a shift  beginning  or ending  at or  between  the hours  of  10  p.m.  and 6 a.m.,  facilities  shall be  
avail - able  for  securing  hot food  and drink  or  for  heating  food or drink,  and  a suitable  sheltered  place shall  be provided  in which  
to  consume such food or  drink.  
(G)  The provisions  of this  section  shall not apply  to  employees  whose  duties  are  exclusively  those of a  motion  picture 
projectionist.  
(H) The  provisions  of  Labor  Code  Sections  551  and 552  regarding  one (1) day’s  rest  in  seven  (7)  shall  not  be  construed  to 
pre vent  an accumulation  of days  of  rest  when  the nature  of the  employment  reasonably  requires  the  employee  to work  seven  (7) 
or  more consecutive  days; provided,  however,  that  in  each  calendar  month,  the  employee  shall receive  the equivalent  of  one  (1) 
day’s  rest  in  seven  (7).  
(I)  Except  as  provided  in  subsections  (D)  and  (H), this  section  shall  not  apply  to  any  employee  covered by a  valid  collective  
bar -  gaining  agreement  if  the  agreement  expressly  provides for  the  wages,  hours  of  work,  and  working  conditions  of  the  
employees,  and  if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for 
those employees of  not less than 30 percent more than the state minimum  wage.  
(J)  Notwithstanding  subsection (I) above,  where  the employer  and  a labor  organization  representing  employees of  the  
employer  have entered into a valid collective bargaining agreement pertaining to the hours of work  of  the  employees,  the   
requirement regarding  the equivalent  of  one  (1) day’s  rest  in  seven  (7)  (see  subsection  (H) above)  shall  apply,  unless  the  
agreement  expressly provides otherwise.  
(K) No e m plo yer  w ho  ope rates  a  ski  e sta bli s h m ent  sh all  be  in v iola tion  of th is o rder  b y in stitut ing  a regu la rly  sch edu led

—	6 	 
work w eek of  not  m ore  than 4 8 h ours  during  any  m onth  of the  year  w hen  Alpi ne or  Nord ic  s kiing  a ctivit ie s,  in clu ding  s now makin g 
and  gro o m ing ac tivit ie s,   a re   a ctua lly  b eing   c ondu cted   b y   th e   s k i   e sta blis h m ent;  p rov ided,   how eve r,   that   a ny   e m plo yee   s h all  
be   c om pens ated   a t  a  rate  of not  le ss th an  one  and one- half ( 1 1/2  ) ti m es the  em plo yee’ s reg ular  r ate  of p ay f or  a ny hours  w or ked 
in  e xc e ss of  ten  (10)  hour s work  in  a  d ay or  48  hour s in  a  w or kw eek . For pur po se s of  th is  se ction,  ” s ki  e sta blis h m en	
t” m ean s an 
i nt egra ted,  geo gra phi ca lly  lim ited re cre atio n	
al  indu str y w hi ch  is  co m pri se d  of  bas ic ski ing  fa cilit ies , toget her w ith  all  oper atio ns  
a nd  fa cili tie s rel ated  theret o. 	
(L) The provisions of this section are not applicable to employees whose hours of service are regulated  by: 
(1)  The  United  States Department  of  Transportation  Code of  Federal  Regulations,  Title  49,  Sections  395.1  to 395.13,  
Hours of Service of Drivers;  or  
(2)  Title  13  of the  California  Code  of Regulations,  subchapter  6.5,  Section  1200 and the  following  sections, regulating  
hours of  drivers.  
(M)  If an  employer  approves  a  written  request  of  an  employee  to make  up  work  time  that is  or would  be  lost  as  a  result  of  a  
personal obligation  of the  employee,  the  hours  of  that  makeup  work time,  if  performed  in the  same  workweek  in  which  the  work  
time  was lost, may  not  be  counted  toward computing  the total  number  of  hours  worked  in a  day  for  purposes  of  the  overtime  
requirements,  except  for hours  in  excess  of 11  hours  of  work  in  one  (1) day or  40  hours  of  work  in  one  (1) workweek.  If  an  
employee knows  in advance  that he/she will be requesting makeup time for  a personal obligation that will recur at a fixed time over 
a succession of weeks, the  employee may request  to  make  up  work  time  for up  to four  (4)  weeks  in  advance;  provided,  however,  
that  the  makeup  work must  be  performed in the same week that the work time was lost. An employee shall provide a signed 
written request for  each occasion that the  employee makes a  request  to  make  up work  time  pursuant  to  this  subsection.  While  
an  employer  may  inform  an  employee  of this  makeup  time option, the employer is prohibited from encouraging or otherwise 
soliciting an employee to request the  employer’s approval to  take personal  time  off  and  make  up the work  hours  within  the same  
workweek  pursuant  to  this  subsection.  
(N) The provisions  of this  section  are  not  applicable  to  any  crew  member  employed  on a  commercial  passenger  fishing  boat 
licensed pursuant  to  Article  5  (commencing	
 with  Section  7920)  of  Chapter  1  of  Part  3  of  Division  6  of  the  Fish  and  Game  Code.  	
4. MINIMUM  WAGES 	
(A) 	   Every employer shall pay to each employee wages not less than the following:  
(1) 	 All employers, regardless of the number of employees, shall pay to each employee:  
(a)   Sixteen dollars ($16) per hour for all hours worked, effective January 1, 2024, and  
(b)   F ifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.  	
(2) 	 Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages 
not less than the following: 
(a)     Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022.  
(b)  Fourteen dollars  ($14.00) per hour for all hours worked, effective January 1, 2021. 	
(3) 	 Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages not 
less than the following:  
(a)     Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021. 
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 during their first 160 hours of employment in occupations in which  
they have  no previous  similar or  related experience,  may  be  paid  not less  than  85 percent  of  the  minimum  wage  rounded  to the  
nearest nickel.  	
(B) 	 Every employer  shall  pay  to  each  employee,  on  the  established  payday for  the  period  involved,  not   less   than   the 
applicable  minimum wage  for all  hours  worked  in the  payroll  period,  whether  the  remuneration  is measured  by time,  piece, 
commission, or  otherwise.  	
(C) 	 When  an employee  works a  split  shift,  one  (1) hour’s  pay  at  the  minimum  wage  shall be  paid  in addition  to the  minimum  
wage for that  workday, except when the employee resides at the place of  employment.  	
(D) 	 The  provisions  of  this  section  shall  not apply  to  apprentices  regularly  indentured  under the  State  Division  of 
Apprenticeship Standards.  	
(E) 	 If the employee is a crew member employed on a commercial passenger fishing boat licensed pursuant to Article  5 
(commencing  with Section  7920) of  Chapter  1  of  Part  3  of  Division  6  of  the  Fish and  Game  Code,  the  minimum  wage  
obligation  of this section  may, at the employer’s option, be satisfied by paying employees according to the following  formula:  
(1)  A ”one- half day trip” shall be comprised of a maximum of six (6) hours of work compensated at a rate of no less than  
six (6) times the hourly minimum wage.	
 
(2) 	
 A  ” three- quarter  day trip ” shall  be comprised  of  a maximum  of  ten  (10) hours  of  work  compensated  at a rate  of no  less  
than ten (10) times the hourly minimum  wage.  	
(3) 	 A ”full -day trip”  shall be comprised of a maximum of 12 hours of work compensated at a rate of no less than 12 times  
the hourly minimum  wage.  	
(4) 	 An ”o ve rn ight  tr	ip” s hal l  be  co mp rised  of a  m axim um  of  1 2  hours  w or ked  w ithin  a per iod  of n o  le ss  than  24 hours 
c o m pens ated  at  a  rate  of  no  le ss tha n 12  tim es the  hourly  m inimu m w age. 
Nothing  in this  subsection  relieves  the  employer  of  the  obligation  to pay  employees  no  less  than  the minimum  wage  for all  
hours worked.  	
5. REPORTING TIME  PAY  	
(A) 	 Each  workday  an  employee  is required  to report  for  work  and  does  report,  but  is not  put  to  work  or  is  furnished  less than

—	7 	 
half said employee’s  usual  or  scheduled  day’s work,  the  employee  shall be  paid  for  half  the  usual  or  scheduled  day’s work,  but  in  
no  event  for  less than two (2) hours nor more than four (4) hours, at the employee’s  regular rate of pay, which shall not be less than 
the  minimum  wage.  	
(B) 	 If an employee is required to report  for work a second time in any one workday and is furnished less than two  (2) hours of 
work on  the second  reporting,  said  employee  shall  be  paid  for  two  (2)  hours  at  the  employee’s  regular  rate  of pay,  which  shall  
not  be  less than the minimum  wage.  	
(C) 	 The foregoing reporting time pay provisions are not applicable  when: 
(1) 	 Operations cannot commence or continue due to threats to employees or property; or when recommended by  civil 
authori ties; or 
(2) Public  utilities  fail  to  supply  electricity,  water, or gas,  or  there  is a failure  in  the  public  utilities,  or  sewer  system;  or	
 	
(3) The  interruption  of work  is  caused  by an  Act of  God  or  other  cause  not within  the  employer’s  control.	 
(D)  	
 This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other  
than the  employee’s  scheduled reporting  time. 	
6. LICENSES FOR DISABLED  WORKERS 	
(A) A license  may  be  issued  by  the  Division  authorizing  employment  of  a  person  whose earning  capacity  is impaired  by 
physical disability  or  mental  deficiency  at  less  than  the minimum  wage.  Such  licenses shall  be  granted  only upon joint  application  
of  employer and employee and  employee’s representative if  any.	
 	
(B)  A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing  
special minimum  rates  to  enable  the employment  of  such  persons  without  requiring  individual licenses  of such  employees.	
 	
(C)  All such  licenses  and special  licenses  shall be renewed  on a yearly  basis  or  more  frequently  at  the  discretion  of the  
Division. 	
 	
(See California Labor Code, Sections 1191 and  1191.5)	 	
7.  RECORDS  	
(A) Every employer shall keep accurate information with respect to each employee including the  following:	 
(1) 	
 Full name, home address, occupation and social security  number.  	
(2) 	 Birth date, if under 18 years, and designation as a  minor. 	
(3) 	 Time records  showing  when  the employee  begins and  ends  each  work period.  Meal  periods,  split  shift  intervals  and  
total daily  hours  worked  shall also  be  recorded.  Meal  periods  during  which operations  cease  and  authorized  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 employee.  	
(5) 	 Total  hours  worked  in the  payroll  period  and  applicable  rates  of  pay.  This  information  shall  be  made  readily  available  
to  the employee upon reasonable  request. 	
(6) 	 When a piece  rate or incentive  plan  is in operation,  piece  rates or  an  explanation  of  the  incentive  plan formula  shall 
be  provided to employees. An accurate production record shall be maintained  by the  employer.  
(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 employees 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  employees  
social  security number;  and (4) the name  of the  employer,  provided  all deductions  made  on written  orders of  the  employee  may 
be  aggregated  and shown as one  item. 
(C)  All required  records shall  be  in the  English  language  and in ink  or  other  indelible  form, properly  dated,  showing  month, 
day  and  year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location 
within  the State  of California.  An  employee’s  records  shall  be  available  for  inspection  by  the  employee  upon reasonable  request.	
 	
(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as  practicable.	 	
(E)  If the employee is a crew member employed on a commercial passenger fishing boat licensed pursuant to Article  5 
(commencing  with Section  7920) of  Chapter  1  of  Part  3  of  Division  6  of  the  Fish  and  Game  Code,  the  provisions  of  Sections  3,  
Hours and  Days of  Work,  and  5, Reporting Time  Pay  may,  at  the  employer’s  option,  be  satisfied  by expressing  the hours  worked  
in  terms  of  the  formula  established  pursuant to  Section  4(E). Hours  worked  in excess  of the  formula  in Section  4(E) shall  be  
recorded  on the employee’s pay  record as additional hours  worked.	
 	
8.  CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any deduction  from the  wage  or  require  any reimbursement  from  an  employee  for any  cash  
shortage, breakage,  or  loss  of equipment,  unless  it  can  be shown  that the  shortage,  breakage,  or  loss  is caused  by a  dishonest  
or  willful  act, or  by  the gross negligence of the  employee. 	
9. UNIFORMS AND  EQUIPMENT 	
(A) When  u nif o rm s are  req uired  b y the  em ploy er to  be  worn  b y the  em plo yee  as a  c o ndi tion  of em plo ym ent,  s u ch  u ni fo rm s 
s hall  be  prov ided  a nd  m aintaine d b y th e e m plo ye r.  T he  ter m “uni for	
m”   in clude s w earing  apparel  a nd  a cc e sso ries  of  di sti n ctive  
d esign  or c o lo r.	
 	
NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards    Board.  
(B)  When tools or equipment are required by  the employer or are necessary to the performance of a job,  such tools and 
equipment shall be provided and maintained by  the employer,  except that an employee whose wages are at least two (2) times the 
minimum  wage provided  herein may be  required  to  provide  and  maintain  hand tools and  equipment  customarily  required  by

—	8 	 
the trade  or craft.  This subsection  (B)  shall  not  apply  to  apprentices  regularly  indentured  under the  State  Division  of  
Apprenticeship  Standards.	
 	
NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety  
and Health Standards  Board.  
(C)  A reasonable  deposit may  be  required  as security  for  the  return  of the  items  furnished  by the  employer  under  provisions 
of  subsections  (A)  and  (B) of this  section  upon issuance  of  a  receipt  to  the  employee  for such  deposit.  Such  deposits  shall  
be  made pursuant  to  Section  400  and following  of the  Labor  Code  or an  employer  with  the  prior  written  authorization  of the  
employee  may deduct  from  the  employee’s  last  check  the  cost  of  an  item  furnished  pursuant to  (A)  and  (B) above  in the 
event  said item  is  not  returned.  No  deduction  shall be  made  at any  time  for  normal  wear  and  tear.  All items  furnished  by the  
employer  shall  be  returned  by the employee upon completion of the job.	
 	
10.  MEALS AND  LODGING 	
(A) “	Meal ” means an adequate, well -balanced serving of a variety of wholesome, nutritious  foods.	 	
(B) “Lodging”  means  living  accommodations  available  to the  employee  for full -time  occupancy  which  are  adequate,  decent,  
and sanitary according to usual and  customary standards. Employees shall not be required to share a  bed.	
 	
(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the 
employer  and the  employee.  When  credit for  meals  or  lodging  is used  to meet  part  of  the  employer’s  minimum  wage  obligation,  
the  amounts  so  credited may not be more than the  following: 
(D) Meals  evaluated  as part  of  the  minimum  wage  must be  bona  fide meals  consistent  with  the  employee’s  work  shift.  
Deductions shall not be made  for meals not received or lodging not  used.	
 	
(E)  If, as  a  condition  of employment,  the  employee  must  live  at  the  place  of  employment  or  occupy  quarters  owned  or under  
the control of the  employer, then the employer may not charge rent in excess of the values listed  herein.	
 	
11. MEAL  PERIODS  	
(A) No employer  shall  employ  any  person  for a  work  period  of more  than  five (5)  hours  without  a  meal  period  of  not  less 
than  30 minutes, except that when a work period of not more than six (6) hours will complete the day’s  work the meal period may 
be waived by  mutual consent of the employer and the  employee.	
 	
(B) An employer  may  not  employ  an  employee  for a work  period  of more  than  ten (10)  hours  per  day  without  providing  the 
employee  with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, 
the second  meal period  may  be  waived  by  mutual  consent  of  the  employer  and  the  employee  only if  the  first meal  period  was not  
waived.	
 	
(C)  Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ” on 
duty ”
 meal  period  and counted  as time  worked.  An  “on  duty ”  meal  period  shall be  permitted  only when  the  nature  of the  work  
prevents  an  employee from being relieved of all duty and when by  written agreement between the parties an on-the- job paid meal 
period is  agreed to.  The written  agreement  shall  state  that the  employee  may, in  writing,  revoke  the  agreement  at  any  time.	
 	
(D)  If an  employer  fails  to  provide  an employee  a meal  period  in accordance  with  the  applicable  provisions  of  this  order,  the 
employer shall  pay  the  employee  one (1) hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  workday  that  the 
meal  period  is not  provided.	
 	
(E)  	 In  all places  of  employment  where  employees  are  required  to eat  on  the  premises,  a  suitable  place for  that  purpose 
shall  be  designated.  	
12. REST  PERIODS  	
(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the  
middle of  each  work period.  The  authorized  rest period  time shall be  based  on the  total  hours  worked  daily at  the  rate  of ten  (10)  	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or 	Fewer  	Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All Employers regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary 	rental value, and in no  event more than: 	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month 	
Where a couple are both employed by the employer, two thirds (2/3) of the ordinary rental value, and in no event more than:	 	
$1,169.59	 	/month 	$1,086.07	 	/month 	$1,253.10	 	/month 	$1,169.59	 	/month 	$1,294.83	 	/month 	$1,336.65	 	/month 	
MEALS	 	 	 	 	 	 	 	
Breakfast	  	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.60	 	$5.78	 	
Lunch	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.72	 	$7.97	 	
Dinner	 	$9.35	 	$8.68	 	$10.02	 	$9.35	 	$10.35	 	$10.68

—	9 	 
minutes net rest  time  per  four  (4)  hours  or  major  fraction  thereof. However,  a  rest  period  need not be  authorized  for employees  
whose  total daily work  time  is less  than  three  and one-half (3	1/2)
  hours.  Authorized  rest period  time shall  be counted  as hours  
worked  for which  there shall be no deduction from  wages.	
 	
(B)  If an  employer  fails  to  provide  an employee  a rest  period  in accordance  with the  applicable  provisions of  this  order,  the 
employer shall  pay  the  employee  one (1)  hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  workday  that  the  
rest  period  is not  provided.	
 	
(C)  A crew  member  employed  on a commercial  passenger  fishing  boat who  is  on  an overnight  trip  within  the meaning  of 
Section 4(E) shall receive no less than eight (8) hours off -duty time during each 24- hour period.	
 	
13.  CHANGE ROOMS AND RESTING  FACILITIES  	
(A) Employers shall provide suitable lockers, closets, or equivalent  for the safekeeping of employees’ outer clothing during  
working hours, and when required, for  their work clothing during non-working hours. When the occupation requires a change of 
clothing, change rooms  or  equivalent  space  shall  be  provided  in  order  that  employees  may  change  their  clothing  in  reasonable 
privacy  and comfort.  These  rooms or  spaces  may  be  adjacent  to  but  shall  be  separate  from toilet  rooms  and  shall  be  kept  clean.	
 	
NOTE:  This section shall not apply to change rooms and storage facilities regulated by  the Occupational Safety and Health 
Standards  Board.  
(B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be  available to employees  
during work  hours.	
 	
14.  SEATS  	
(A) All working  employees  shall  be  provided  with suitable  seats when  the nature  of  the  work  reasonably  permits  the  use  of 
seats.
 
(B)  When  employees  are  not  engaged  in the  active  duties of  their  employment  and  the nature  of the  work  requires  standing,  
an adequate  number of suitable  seats shall  be  placed in  reasonable  proximity to  the  work  area  and employees  shall  be  permitted  
to  use such seats when it does not interfere with the performance of their  duties.	
 	
15.  TEMPERATURE  	
(A) The  temperature  maintained in each  work area  shall provide  reasonable  comfort consistent  with  industry -wide  standards  
for  the nature of the process and the work  performed.	
 	
(B)  If excessive heat or humidity is created by  the work process, the employer shall take all feasible means to reduce  such 
excessive  heat  or  humidity  to  a  degree  providing  reasonable  comfort. Where  the nature  of the  employment  requires  a 
temperature of  less  than 60°  F.,  a  heated  room shall  be provided  to which  employees  may  retire  for  warmth,  and  such  room  shall  
be  maintained  at not less than  68°.	
 	
(C) A temperature  of not  less  than 68°  shall  be  maintained  in the  toilet  rooms,  resting  rooms, and  change  rooms during  
hours  of use.	
 	
(D) Federal and State energy guidelines shall prevail over any conflicting provision of this  section.	 	
16.  ELEVATORS  	
Adequate elevator, escalator or similar service consistent with industry -wide standards  for the nature of the process and the  
work performed shall be provided when employees are employed four floors or more above or below ground level.  	
17. EXEMPTIONS	 	
If, in the  opinion  of the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision  contained  in Section  
7,  Records;  Section  12, Rest  Periods;  Section  13,  Change  Rooms and  Resting  Facilities;  Section  14, Seats;  Section  15, 
Temperature;  or Section  16, Elevators,  would  not materially  affect  the  welfare  or comfort  of  employees  and  would  work an  
undue  hardship  on the  employer,  exemption  may be  made  at  the  discretion  of the  Division.  Such  exemptions  shall  be in writing  
to  be  effective  and  may be  revoked  after reasonable notice is given in writing. Application  for exemption shall be made  by the 
employer or  by the  employee  and/or the  employee’s  representative to the Division in writing. A copy of the  application shall be 
posted at the place of employment at the  time the application is filed with the Division. 	
18. FILING  REPORTS  	
(See California  Labor  Code,  Section  1174(a))	 	
19.  INSPECTION  	
(See California  Labor  Code,  Section  1174)	 	
20.  PENALTIES  	
(See California Labor Code, Section  1199)  
(A) In addition to any other civil penalties provided  by law,  any employer or any other person acting on behalf of the employer  
who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty  of:	
 
(1) 	
Initial  Violation  — $50.00  for each  underpaid  employee for  each  pay period  during which  the  employee  was underpaid  
in  addition to the amount which is sufficient to recover unpaid  wages. 	
(2) 	Subsequent Violations  —  $100.00  for each  underpaid  employee for each  pay  period  during which the  employee  was 
underpaid in addition to an amount which is sufficient to recover unpaid  wages. 	
(3) 	The affected employee shall receive payment of all wages  recovered.

—	10	 	 	
(B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1  for non- payment of  
wages for  overtime work in violation of this  order.	
 	
21.  SEPARABILITY  	
If the  application  of any  provision  of  this  order,  or any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  word,  or  
portion of  this  order  should  be held  invalid  or  unconstitutional  or  unauthorized  or  prohibited  by statute,  the  remaining  provisions 
thereof  shall not be affected  thereby, but shall continue to be given full force and effect as if the part so held invalid or 
unconstitutional had not  been  included  herein. 	
22. POSTING OF  ORDER 	
Every  employer  shall  keep  a copy  of  this  order  posted  in  an  area  frequented  by employees  where  it  may  be  easily  read  during 
the  workday.  Where  the  location  of  work  or  other  conditions  make  this  impractical,  every  employer  shall  keep  a  copy of  this  order  and 
make it  available  to every employee upon request.  	
 
 
 
 	
QUESTIONS ABOUT ENFORCEMENT  of the Industrial	 	
Welfare Commission  orders  and  reports  of  violations  should  be	 	
directed  to the  Labor  Commissioner's  Office. A  listing of  offices  is  on	 	
the  back  of  this  wage  order.  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 Office" on the internet or  any	 	
other  directory.  The Labor  Commissioner  has  offices  in  the  following	 	
cities: Bakersfield, El Centro, Fresno, Long Beach, Los  Angeles,	 	
Oakland, Redding, Sacramento, Salinas, San Bernardino,  San	 	
Diego,  San Francisco,  San  Jose,  Santa  Ana, Santa  Barbara,  Santa	 	
Rosa, Stockton, Van  Nuys. 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

—	11	 	 
For further information or to file your complaints, visithttps://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  	
224 Airport Parkway	, Suite 300	 	San Jose, CA 95110  
408 -277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W.  Main St. 
El Centro, CA  92 243	
  
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	 	1500 Hughes Way, Suite C	-202	 	Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor Commissioner's	 Office/DLSE	 	Long Beach, CA 	 908	10 	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	 	                   	3021 Reynolds Ranch Parkway, Suite 160	 	213	-620	-6330	 	619	-220	-5451	 	Lodi, California 95240	 	
 	 	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