California Industrial Welfare Commission (IWC) Wage Order #12 Motion Picture Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 12- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
MOTION  PICTURE  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 1112 (Rev.  11/2023 ) 
OSP 06  98770

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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  section1182.12 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 motion picture industry, including extra players, teachers, and  welfare	 	
workers, whether  paid  on a  time,  piece  rate, commission,  or  other  basis,  except  that:  	
(A) 	 Provisions  of Sections   3 through  12 of this  Order  shall  not  apply  to  persons  employed  in administrative,  executive, or	 	
professional  capacities.  The  following  requirements  shall  apply in  determining  whether an  employee’s  duties  meet  the test to	 	
qualify for an exemption from those  sections: 	
(1) 	 Executive Exemption. A person employed in an executive capacity means any  employee:  
(a) 	 Whose  duties and  responsibilities  involve  the  management  of  the  enterprise  in which  he  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	
 expectations  
and  the realistic  requirements  of  the  job, shall  be  considered  in determining  whether the  employee  satisfies  this	
 requirement.  	
 	 	 	 	 	 	 	
 	 	
 	  	 	 	 	
 	
 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	  	  	 	 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O. 12- 2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
MOTI ON PIC TURE  INDUSTRY

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(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 p rim aril y	 engaged	 in an	 o ccupation	 co mmon ly	 r e cogni zed	 as a lea rned	 or a rtistic	 pr ofe ssion.	 F or	 the 
purposes	
 of t h is	 su 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 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 §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. §§ 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)  Notwithstanding  subparagraph (f), the  following  advanced  practice nurses shall  be  exempt  from provisions  of  this  	
subsection	: 	
(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	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and  software	 	
engineering. 	
 	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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(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	 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 §  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 ei ght	 	
(8)	 hours	 in a 24-hour	 p eriod.	 
(B) “C	
o mmissi	on”	 m eans	 the	 In dustr ial	 Welf are	 Com mission	 of the	 State	 of Ca lif o rn ia.	 
(C) “D	
i v isi	on”	 m eans	 the	 Di vision	 of Labor	 Standards	 E nforc em ent	 of the	 State	 of Ca li f o rn ia.	 
(D) “E	
m plo	y ” m eans	 to engag e,	 su ffe r,	 or pe rm it	 to work.	 
(E) “E	
m plo ye e ”	 m eans	 any	 p erson	 e m plo yed	 b y an	 e m plo ye r.	 
(F) “E	
m plo ye r”	 m eans	 any	 pers on	 as defined	 in Se ction	 18	 o f the	 Labor	 Cod e,	 who	 d ir e ctly	 or ind ir e ctly ,	 or through	 an	 a gent	 or a ny	 	
other	 person,	 e m plo ys	 or e xercises	 c ontrol	 o ver	 the	 w age s,	 hou rs,	 or working	 c on ditions	 of a ny	 person.	 	
(G)  “E xtra	 P la y	er ”	 means	 any	 p erson	 emp lo yed	 b y an	 e m plo ye r	 in the	 production	 of m otion	 pictures	 to pe rfo rm	 a ny	 w ork, 
in clu ding	
 but	 not	 lim ited	 to that	 of a gener al	 extr a,	 stand -in,	 photogr aphic	 dou ble ,	 spo rts	 p la ye r,	 silent	 b it,	 or dr ess	 extr a;	 or as  extr as	 	
e m plo yed	 in dan cing,	 skat ing,	 s wi mming,	 div ing,	 rid ing,	 d riv ing,	 or sing ing;	 or as e xtr as	 e m plo yed	 to pe rfo rm	 a ny	 ot her a ctions ,	 	
gesture s,	 fa ci al	 expressio ns,	 or pantom im e.	 	
(H)  	 “H	ours	 work e d ”	 m eans	 the	 tim e	 du ring	 which	 an	 e m plo ye e	 is sub je ct	 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 fered	 or p erm itted	 to work,	 wheth er	 or not	 requi red	 to do	 s o.	 	
(I)  	 “L	ocat i	on”	 means	 any	 pla ce	 other	 than	 the	 stud io	 pr em ises	 of the	 em plo ye r,	 at which	 the	 e m plo ye r	 shoots	 all or a po rtion of	 a 	
m ot ion	 pictu re .	 	
(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)  	 “M	otion	 Picture	 Indust r	y” m eans	 any	 indu str y ,	 b u sines s	 or esta blish ment	 ope rated	 for	 the	 pu rpo se	 o f m ot ion	 p ict ure	 or 
te le vision	
 film	 production,	 or p rim aril y	 allied	 with	 theat ric al	 or te le vision,	 m ot ion	 p ict ure	 production s,	 inc lud ing	 b ut	 not	 li m ited	 to  mot ion	 	
pictures	 f or	 enter tain m ent,	 co m mercia l,	 relig iou s,	 or educ ational	 p urpo se s,	 w hether	 m ad e	 by film ,	 tape,	 or othe rwi se .	 	
(L)  	 “O	utside	 Sa le spers	on”	 m ea ns	 any	 person,	 18	 ye a rs	 of age	 or o ve r,	 who	 cu sto maril y	 and	 regu la rly	 w orks	 m ore	 than	 ha lf	 the 
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 .	 	
(M)  	 “Primarily”  as  used  in Section  1, Applicability,  means  more  than  one-half the  employee’s  work time.  	
(N) 	 “S	hift ” m eans	 de signated	 h ours	 of w ork	 b y an	 e m plo ye e,	 with	 a de signated	 beg inni ng	 tim e	 and	 endi ng	 tim e.	 	
(O)  	 “S	plit	 s h if	t ” m eans	 a work	 s chedule	 which	 is inter rupted	 b y non- paid	 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 riod s.	 	
(P)  	 “W	ages”	 in clud es	 a ll a m ounts	 for	 labor	 pe rfo rm ed	 by e m plo 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 iec e,	 co mmission	 ba sis ,	 or other	 m ethod	 of ca lc u lat ion.	 	
(Q)  	 “W	ork d a	y” and	 “day	” m ean	 any	 con se cut iv e	 24 -hour	 per iod	 beg inn ing	 at the	 s a m e	 tim e	 eac h	 ca lendar	 d ay.	 	
(R)  	 ”Work w ee k”	 and	 “w	ee k”	 m ean	 any	 se ven	 (7 )	 con se cut iv e	 d ays,	 sta rting	 with	 the	 s a m e	 ca lendar	 day	 ea ch	 w eek .	 ”Work w ee k”	 is a 	
fix ed	 and	 regu la rly	 re cu rring	 pe riod	 of 168	 hou rs,	 se ven	 (7)	 c on se cut 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 as  follows:

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(a) 	 Employees  may be employed up to a maximum of 16 hours including meal periods in any one day from the  time	 they 
are required and do report until dismissed, provided the employee is compensated for such overtime at not less  than:  	
(i)   F or	 da ily	 e m plo yees	 and	 w eekly	 e m plo yee s,	 e xclud ing	 w ee kly	 e m plo ye es	 gua ranteed	 m ore	 than	 40	 hours	 a 
w ork week	
 and	 “on	 ca ll ”	 e m plo ye es,	 one	 and	 one -hal f	 (11/2) tim es	 the	 em plo yee ’s	 r egu lar	 r ate	 of p ay	 for	 a ll hours	 w ork ed	 in e xce ss 
of	 	
eight	 (8)	 hours	 up	 to and	 in clud ing	 12	 hours	 in a ny	 one	 w orkd ay,	 and	 for	 the	 f ir st	 e ight	 (8)	 hours	 w ork ed	 on	 the	 s e venth	 (7th) 
con se cu tiv e	
 d ay	 of w ork	 in a w ork wee k;	 and	 	
(ii)  	 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. 	
(iii) 	 Overtime payments shall not be compounded and all payments made by  the employer for daily overtime on	 the 
basis herein above specified shall be applied toward any sum for weekly  overtime.  	
(iv) 	 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  writ -  ten  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	 	
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 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	 v a 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,	 b efo re the	 	
pe rfo rm an ce	 of w ork ,	 by at lea st	 a tw o-th ir ds	 ( 2/ 3)	 vo te	 of the	 af fe cted	 e m plo yees	 in the	 w ork	 uni t.	 The	 ele ction	 sha ll	 be	 hel d du ring	 	
regu lar	 w orking	 hours	 at the	 emp lo yee s’	 w ork	 si te .	 F or	 pu rpo ses	 of th is	 sub se ction,	 ―a ffe cted	 e m plo yees	 in t he	 w ork	 un i	t‖ may	 in clude	 	
a ll e m plo yees	 in a r ead ily	 identif ia ble	 w ork	 un it ,	 su ch	 as a d iv ision,	 a depa rtm ent,	 a job	 cla ssifica tion,	 a sh if t,	 a sepa rate p hysical	 lo ca tion,	 	
or a r e cog niz ed	 subd iv is ion	 o f a ny	 su ch	 w o	rk un it.	 A w ork	 un it	 m ay	 con sist	 o f an	 ind iv idua l	 em plo yee	 as long	 a s the	 cr ite ria	 for	 an

—	5 	 
identifia 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	
 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)  Extra players employed in excess of  eight (8) hours in any workday from the time the extra player is required and  does	
 report 
until dismissed, shall be paid daily overtime compensation as  follows:  
(1)  One  and  one-half (1	
1/2)  times  the  extra  player’s  rate  of pay  for  the  ninth  (9	th)  and  tenth  (10	th)  work  hours  of	 	
employment  
and  not  less  than  double  the extra  player’s  rate  of pay  for  all  hours  worked  thereafter,  computed  in units  of  one-	 tenth 
(1/10) hours.  
(2)  Weekly  overtime.  The  total  sum  paid  to an  extra  player  who  works  more  than  40 hours  in  such  workweek  for  a	
 	
particular  employer shall be the extra player’s 
regular hourly rate of pay times 40, plus one and one- half (1	1/2) times such regular	 	
hourly  
rate  of pay  for  all  hours  worked  in excess  of 40  during  such workweek.  The  regular  hourly  rate  shall be  determined  by	 	
dividing the amount of the weekly salary  by the number of regular hours in a  workweek. 	
(3) An extra  player  employed  by  the  week  shall  receive  payment  of  daily  overtime  for  all  hours  or  fractions  thereof  worked	 	
beyond eight (8) hours in any workday on which such daily overtime occurs as provided above, provided that overtime  payments	 shall 
not be compounded and all payments made by the employer for daily overtime on the basis herein above specified shall  be	
 applied 
toward any sum due for weekly  overtime.  
(E)  One and one- half (1	
1/2) times a minor’s regular rate of pay shall be paid for all hours worked on the sixth (6	th) consecutive	 	
workday  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 subsections (A), (B), (C) or (D)  above.  
( VIOLATIONS  OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to  criminal	
 penalties. 
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.)  
(F)  No employee shall be required to report to work unless ten (10) hours  have elapsed since the termination of the  previous	
 day’s 
employment.  
(G)  Hot meals and hot drinks shall be provided for  employees who are required to work after 12 o’clock midnight, except  off -	
 	
production employees regularly scheduled to work after  midnight.  
(H)  When  employees  are  required  to work  at  night  and  are not  dismissed  in  time  to  permit  their  return  to their  homes  by  public	
 	
service transportation, transportation shall be provided  by the  employer.  
(I)  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).	
 	
(J)  Except  as  provided  in subsections  (E)  and  (I), 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.

—	6 	 	
(K) Notwithstanding  subsection (J) 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  (I)  above)  shall  apply,  unless  the	 	
agreement expressly provides  otherwise. 
(L)  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.  	
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 	 
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 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) W hen	 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 ainta ined	 b y the	 e m plo ye r.	 T he	 te rm	 “un if o r	m” in cludes	 w ea ring	 appa rel	 and	 a cce sso ries	 of d is tin ctiv e  de sign	 or 	
co 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.  
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 ila ble	 to the	 e m plo yee	 for	 f u ll- tim e	 occupancy	 which	 are	 adequat e,	 dec ent,	 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

—	8 	 
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	 	
(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 six (6) hours without a meal period of not less  than	 30  
minutes,  nor  more  than  one (1) hour.  Subsequent  meal  period  for all  employees  shall  be  called  not  later  than  six (6) hours  after
 the 
termination of the preceding meal period.  	
(B)   Unles s	 the	 em plo yee	 is r e lie ved	 of a ll duty	 du ring	 a 30	 m in ute	 m eal	 pe riod,	 the	 m eal	 pe riod	 shal l	 be	 considered	 an	 ”on	 dut y”	 m eal	 	
pe riod	 and	 counted	 as ti m e	 work ed.	 An	 “on  	duty”	 meal	 pe riod	 shal l	 be	 perm itted	 on ly	 when	 the	 natur e	 of the	 work	 p re vents an	 e m plo yee	 	
fr om	 be ing	 r e lie ved	 of a ll duty	 and	 when	 b y w ritten	 a gre e m ent	 be tw een	 the	 pa rties	 an	 on- the-job	 pa id	 m eal	 pe riod	 is  agreed	 to . T he	 	
w ritten	 ag re e m ent	 shal l	 state	 that	 the	 e m plo yee	 m ay,	 in w riting,	 re vo ke	 the	 a gre e m ent	 at any	 tim e.	 	
(C)  	 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. 	
(D) 	 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.  	
(C) 	 Swimmers, dancers, skaters, and other performers engaged in strenuous physical activities shall have  additional interim	 rest 
periods during periods of actual rehearsal or  shooting. 	
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°.

—	9 	 	
(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 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)  I	
nitial  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. 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

—	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  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	, 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