California Industrial Welfare Commission (IWC) Wage Order #11 Broadcasting Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 11- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
BROADCASTING  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 1111 (Rev.  11- 2023) 
OSP 06  98769

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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.  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 broadcasting industry whether paid on a time, piece rate,  commission,	 	
or other basis, except  that:  	
(A) 	 Provisions of sections 3 through 12 of this 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 or 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.  §§  541.102,  541.104- 111, 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 work week 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 §  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 employer or his  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  of 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.  §§  541.201- 205, 541.207- 208, 541.210,  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 work week  must,	 	
first  and  foremost,  be  examined  and the amount  of time  the  employee  spends  on  such  work,  together  with  the  employer’s  realistic  	
 	
 	 	
 	 	 	 	 	 	
 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	 	 	  	 	 	 	 	 	 	 	 	
INDUSTRIAL   WELFARE  
COMMISSION ORDER  NO.  11-2001  
REGUL ATING  
WAGES,  HOURS AND  WORKING  CONDITIONS  IN  THE  	
BROADCASTING  INDUSTRY

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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 § 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	 engaged	  in an	 o ccupation	 com monl y	 re cogni zed	 as a le arned	 or a rtistic	 pro fe ssion.	 F or	 the 
pu rpo ses	
 of th is	 s u bse ction,	 “lea rned	 or a rtistic	 pro fe ssio n”	 m eans	 an	 em plo yee	 who	 is p rim arily	 engaged	 in the	 per fo rm an ce	 o f:	 	
(i)  	 Work  requiring  knowledge  of an  advanced  type in a  field  or science  or  learning  customarily  acquired  by a  pro -	 	
longed 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  de-	 	
pends 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 subparagraph (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 §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  Order:  29  C.F.R.  §§  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 that 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	
 programs,  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 Office of Policy,  Research	 	
and  Legislation  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:  
(i) 	 The employee is a trainee or employee in an entry -level position who is learning to become proficient in  the 	
 	1Pursuant 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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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) 	 Except  as  provided  in sections 1,  2,  4,  10,  and  20, the  provisions  of this order  shall  not  apply  to  professional  actors. 	
(D) 	 The provisions of this order shall not apply to  outside salespersons.  	
(E) 	 Provisions  of this  order  shall  not  apply  to  any  individual  who is  the  parent,  spouse,  child,  or  legally  adopted  child  of  the	 	
employer.  	
(F) 	 The  provisions  of  this  order  shall  not  apply  to  any  individual  participating  in a  national  service  program,  such  as  Ameri -	 	
Corps,  carried  out  using  assistance  provided under Section  12571 of Title  42  of the  United  States Code.  (See  Stats.  2000,  ch.	 	
365, amending Labor Code §  1171.) 
2. DEFINITIONS  	
(A) An	 “a	lte rnat iv e	 w ork week	 schedul	e ” m eans	 any	 regu la rly	 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)  “B	
road ca sting	 Indust r	y” m ea ns	 any	 indu str y ,	 b u sines s,	 or e sta blish ment	 ope rated	 for	 t h e	 pur pose	 of broadcas ting	 or taping 
and	
 broadca sting	 p ro gra m s	 through	 the	 med ium	 of r ad io	 or te le vision.	 
(C) “C ommission ” means  the  Industrial  Welfare  Commission  of the  State  of California.  	
(D) 	 “D	iv isi	on”	 m eans	 the	 Di vision	 of Labor	 Standards	 E nforc em ent	 of the	 State	 of Ca li fo rn ia.	 	
(E)  	 “E	mplo	y ” m eans	 to engag e,	 su ffe r,	 or pe rm it	 to work.	 	
(F)  	 “E	mplo ye e ”	 m eans	 any	 p erson	 e m plo yed	 b y an	 e m plo ye r.	 	
(G)  	 “Em plo ye r	” m eans	 any	 p e rson	 as de fined	 in S ection	 18	 of the	 Labor	 C ode ,	 who	 dir e ctly	 or ind ir e ctly ,	 o r 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 a ny	 person.	 	
(H)  	 “Hours	 work e d	” m ea ns	 the	 tim e	 du ring	 which	 an	 e m plo ye e	 is subj ect	 to the	 control	 of an	 e m plo ye r,	 and	 in cludes	 a ll 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 .	 	
(I)   “Lo cat i	on” m eans	 any	 p la ce	 other	 than	 the	 stud io	 pre mises	 of the	 em plo ye r,	 at whi ch	 the	 e m plo ye r	 broadc asts	 or tapes	 for 
broadcas t	
 all or a p ortion	 o f a rad io	 or te le vision	 p ro gra m .	 	
(J)  	 “M	ino r”	 m ean s,	 for	 the	 pu rp o se	 of th is	 Or der,	 a ny	 person	 under	 the	 age	 of 18	 year s.	 	
(K)  	 “O	utside	 Sa le spers	on”	 m ea ns	 any	 person,	 18	 years	 if age	 or o ve r,	 who	 cu sto maril y	 and	 regu la rly	 w ork s	 more	 than	 ha lf	 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	 tan gib 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 .	 	
(L)  	 “Primarily”  as  used  in section  1,  Applicability,  means  more than  one-half the  employee’s  work time.  	
(M) “Sh if	t ” m eans	 des ignated	 hours	 of w ork	 b y an	 e m plo ye e,	 with	 a de signated	 beg inn ing	 ti m e	 and	 end ing	 t im e.	 	
(N)  	 “Split	 s h if	t”  m eans	 a work	 s chedule	 which	 is inter rupted	 b y non -pai d	 non -w orking	 per iods	 esta blished	 b y the	 e m plo ye r, 
other	
 than	 bona	 f ide	 rest	 or m eal	 pe rio ds.	 	
(O)  	 “Tea ch i	ng” m ean s,	 for	 the	 pu rpo se	 of se ction	 1 o f th is	 Or de r,	 the	 pro fe ssion	 o f tea ch ing	 under	 a ce rti ficate	 f r om	 the	 C om - 
m ission	
 for	 T ea cher	 Prepa rat ion	 and	 Licens ing	 or teach ing	 in an	 accredi ted	 co llege	 or un iv ersit y.	 	
(P)  	 “Wag es	” inc ludes	 all a m ounts	 for	 labor	 pe rfo rm ed	 by emp lo yees	 of e ve ry	 de scr iption,	 whether	 the	 a m ount	 is f ix ed	 or 	
a sc erta ined	 b y the	 standard	 of tim e,	 ta sk,	 p ie ce ,	 co mmissi on	 bas is ,	 or other	 m ethod	 of ca lcu la tion.	 
(Q)  “ Workday ” and ” day” mean  any consecutive  24-hour  period  beginning  at the  same  time each  calendar  day.  	
(R)	 “W ork wee k	” and	 “w ee k	” mean	 a ny	 se ven	 (7)	 con se cut iv e	 d ays ,	 sta rting	 with	 the	 sa me	 ca lendar	 d ay	 ea ch	 w ee k.	 ”W ork week	” 	
is a fix ed	 and	 regula rly	 re cu rring	 pe riod	 of 168	 hou rs,	 se ven	 (7)	 c ons ecut iv e	 24 -hour	 p e riod s.	 	
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.	 	
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 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

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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. 
(c)  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) 	 Any  agreement  adopted  pursuant to  this  section  shall  provide  not less  than  two consecutive  days  off  within 
a	
 workweek.  	
(3) 	 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. 	
(4) 	 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. 	
(5) 	 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.  	
(6) 	 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.  	
(7) 	 An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a  work-	 	
day 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.  	
(8) 	 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 Section 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. An
 employee 
may revoke  his or 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 	
em	ployer. 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 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	 va lid,	 the	 pro posed	 a lte rnat iv e	 w ork week	 schedule	 m ust	 be	 adopted	 in a se cret	 ba llot	 e le ction,	 bef ore 
the	
 per fo rm anc e	 of work ,	 by at leas t	 a tw o-th ir ds	 ( 2/3)	 v o te	 of the	 af fe cted	 e m ploy ees	 in the	 w ork	 un it.	 T he	 ele ction	 sha ll	 be	 he ld 
du ring	
 regu lar	 w orking	 hours	 at the	 e m plo yee s’	 w ork	 si te .	 F or	 pur poses	 of th is	 sub se ction,	 ―a ffe cted	 e m plo yees	 in the	 w ork	 uni	t‖ 	
m ay	 in clude	 a ll e m plo yees	 in a r ead ily	 identi fia ble	 w ork	 uni t,	 su ch	 as a d iv ision,	 a depa rtm ent,	 a job	 cla ss ifica tion,	 a sh if t,	 a sepa rate 
p hysical	
 lo ca tion,	 or a r e co gn iz ed	 subd iv is ion	 o f any	 su ch	 w o	rk un it.	 A w ork	 un it	 m ay	 con sist	 o f an	 ind iv idual	 e m plo ye e	 as long	 as 
the	
 cr ite ria	 for	 an	 ident ifia ble	 w ork	 un it	 in th is	 sub se ction	 is m et.	 	
(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

—	5 	 
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  alter-	
 	
native 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	 	
that  minors  16  and  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  penal-	
 	
ties. 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  for seven  (7) days  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	 	
available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in w hich to	 	
consume such food or  drink.  	
(G) 	 The provisions of Labor Code §§ 551 and 552 regarding one (1) day’s  rest in seven (7) shall not be construed to  prevent	 	
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).  	
(H) 	 Except as provided in subsections (D) and (G), this section shall not apply to any employee covered by a valid  collective	 	
bargaining 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.  	
(I) 	 Notwithstanding  subsection (H)  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 (G) above) shall apply,  unless the	 	
agreement expressly provides  otherwise.  	
(J) 	 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 make- up 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  or she  will be  requesting  make-up  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  make- up 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 make- up 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.  	
(K) 	 The  provisions  of this  section  shall  not  apply  to  any  person  employed  as  an  announcer,  news  editor,  or  chief  engineer,  by	 	
a radio or television station in a city or town which has a population of 25,000 or  less.

—	6 	 	
 
 	
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)     Fifteen 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, and 
(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.  
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 
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	 	
authorities;  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

—	7 	 
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 employee’s wages, or  separately, an itemized statement in writing showing: (1)  all	 	
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the  employee’s	 	
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.  	
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	 un if o rm s	 are	 requ ir ed	 b y the	 e m plo ye r	 to be	 w orn	 b y the	 e m plo yee	 as a cond it ion	 of e m plo ym ent,	 su ch	 un if o rms 
sha ll	
 be	 p ro vided	 and	 m aintai ned	 by the	 e m plo ye r.	 T he	 te rm	  “u	n if o r	m ” includes	 w ea ring	 appar el	 and	 acce sso ries	 of d is tin ctiv e 
de sign	
 or c o lor .	 	
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 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) “M eal”	 m eans	 an	 adequat e,	 w ell-ba lan ced	 se rv ing	 of a va riety	 of who le so m e,	 nut ritio us	 foods .	 	
(B) “L odgi	ng”	 means	 liv ing	 a ccom modations	 ava ilab le	 to the	 e m plo yee	 for	 f u ll- tim e	 occupancy	 which	 are	 adequat e,	 de cent,	 and 
san ita ry	
 a ccording	 to u sual	 a nd	 cu sto mary	 s tandards .	 Emp lo yees	 s hal l	 not	 be	 requ ir ed	 to s hare	 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: 
 
 	
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

—	8 	 	
(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 nor 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 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)  Unles s	 the	 em plo yee	 is r e lie ved	 of a ll duty	 dur ing	 a 30	 min ute	 m eal	 per iod,	 the	 meal	 pe riod	 sha ll	 be	 con sidered	 an	 ”on	 dut y”	 	
m eal	 pe riod	 and	 counted	 as ti m e	 work ed.	 An	 “on  	duty”	 meal	 per iod	 sha ll	 be	 pe rm itted	 on ly	 when	 the	 natur e	 of the	 w ork	 p re vents  	
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 work day 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)	 	
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 work day  that the	 	
rest period is not  provided.  
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

—	9 	 	
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 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.  
(B)  The  Labor  Commissioner  may  also  issue  citations  pursuant  to  Labor  Code  § 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  work  day.  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. 	
  	
SUMMA RIES IN O THE R L AN G UAGES  	
The	 D ep artm en t	 of Indus tr ia l	 R ela ti on s	 wil l	 mak e	 su mm arie s	 o f w ag e 
a n d	 hou r	 re q uir e m en ts	 in th is	 O rd er	 avai labl e	 in S pan is h ,	 C hin ese 
a n d	 ce rtai n	 oth er	 la n gu ag es	 w hen	 it is f e asi ble	 to d o so . M ai l	 yo ur 
request	 fo r su ch	 summaries	 to the	 Depa rtmen t	 at: 	P.O.	 Box	 420603,	 S an	 Francisco ,	 CA 94142 -0603.	 	
RESUMEN  EN OTROS  IDIOMAS  	
El Departament o	 de Relaciones	 Industriale s	 confeccionar á	 un re - 
sumen	 sobr e	 los requisito s	 de salari o	 y horari o	 de est a	 Disposició n 
e n	  español ,	 chino	  y  alguno s	  ot ro s	  idioma s	  cuand o	  se a	  posi ble 
hacerlo .	 Envíe	 po r	 correo	 su pedid o	 por	 dich os	 resúmenes	 al De - 
pa rtament o	 a: P.O.	 Box	 420603,	 Sa n	 Francisco ,	 CA	 94142- 0603.	 
 	    	Departmen t	 of Industria l	 Relations	 	P.O.	 Box	 420603	 	Sa n	 Fra n cis co ,	 C A	 94142 -0603

—	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  	
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  92243  
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	, CA	 952	40 	
 	 	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