California Industrial Welfare Commission (IWC) Wage Order #13 Industries Preparing Agricultural Products for Market, on the Farm Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 13- 2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
INDUSTRIES   PREPARING	  AGRICULTURAL  	
PRODUCTS FOR  MARKET,  ON  THE  FARM	 	
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 1113 (Rev.  11/2023 ) 
OSP 06  98771

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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 industries preparing agricultural products for market, on the farm,  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 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 	
 	 	
  	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	
 	 	  	 	 	 	  	  	 	 	
 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O. 13- 2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE

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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 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)  Who	 is p rim aril y	 engaged	 in an	 o ccupation	 co mmonl y	 re cogn iz ed	 as a lea rned	 or a rtistic	 pr ofe ssion.	 F or	 the 
pu rpo ses	
 of th 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	
 	
prolonged  course of specialized  intellectual  instruction  and study,  as  distinguished  from a  general  academic  education  and from  an	 	
apprenticeship,  and from training  in the performance  of routine  mental, manual,  or  physical  processes  or  work  that is  an  essential	 	
part of or necessarily incident to any of the above work;  or  
(ii) Work  that  is  original  and  creative  in character  in  a  recognized  field of  artistic  endeavor  (as  opposed  to	
 work 
which  can  be produced  by a  person  endowed  with general  manual  or  intellectual  ability  and training),  and  the result  of  which	
 depends  
primarily  on  the  invention,  imagination,  or  talent  of  the  employee  or work  that  is  an  essential  part  of  or  necessarily  incident
 to any of 
the above work;  and 	
(iii)  Whose  work is  predominantly  intellectual  and  varied  in  character  (as  opposed  to routine  mental, manual,	 	
mechanical,  or  physical  work) and is of such  character  that  the  output  produced  or the  result  accomplished  cannot be  standardized	 	
in relation to a given period of  time.  
(c)  Who customarily and regularly exercises discretion and independent judgment in the performance of  duties	
 set 
forth in  subparagraphs (a) and  (b). 
(d)  Who  earns a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage  for full -time	
 	
employment. Full -time employment is defined in Labor Code §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) 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  re -	
 quired 
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 	
 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Indus trial 
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) 	 The provisions of this Order shall not apply to outside  salespersons. 	
(D) 	 Provisions  of this Order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of  the	 	
employer.  	
(E) 	 The  provisions  of  this  Order  shall  not  apply  to  any  individual  participating  in  a  national  service  program,  such  as	 	
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats.  2000,	 	
Ch.  365, amending Labor Code §  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) “C	o mmissi	on”	 m eans	 the	 In dustr ial	 Welf are	 Com mission	 of the	 State	 of Ca li fo rn ia.	 
(C) “D	
i v isi	on”	 m eans	 the	 Di vision	 of Labor	 Standards	 En forc 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	mplo ye r	” m eans	 any	 pe rson	 as de fined	 in Se ction	 18	 of the	 Labor	 Code ,	 who	 dir e ctly	 or indi re ctly ,	 or through	 an	 a g ent	 or 
a ny	
 other	 person,	 e m plo ys	 or e xercises	 c ontrol	 o ver	 the	 w ages ,	 hours,	 or working	 c on ditions	 o f any	 person.	 	
(G)  	 “Hours	 work	ed” m eans	 the	 tim e	 dur ing	 which	 an	 em plo ye e	 is sub je ct	 to the	 control	 o f a n	 e m plo ye r,	 and	 in cludes	 a ll t he	 ti m e 
the	
 e m plo yee	 is s uf fered	 or pe rm itted	 to work,	 wheth er	 or not	 requ ir ed	 to do	 s o.	 	
(H)  	 “Indust ries	 P repa ring	 A gric ult u ral	 P rodu cts	 for	 M ark et,	 on	 the	 F a r	m ” m eans	 any	 ope rat io n	 pe rfo rm ed	 in a per manently	 fix ed 
s tr u cture	
  or  e sta blish ment	  o n	  the	  fa rm	  or  on	  a  m oving	  pac king	  p lant	   on	  the	  fa rm	  for	   the	   p u rpo se	  of  prepar ing	  a gricul tura l, 
ho rticu lt u ra l,	
 egg,	 pou lt r y ,	 meat,	 sea food,	 r a bb it,	 or dai ry	 products	 for	 m ark et	 when	 su ch	 ope rat ions	 are	 done	 on	 the	 pr em ises 
o wned	
 or ope rated	 b y the	 sa m e	 em plo ye r	 who	 produc ed	 the	 products	 re fer red	 to h erein	 and	 in cludes	 a ll ope rat ions	 in cident al 
theret o.	
 	
(I)  	 “M	inors ”	 mean s,	 for	 the	 pur pose	 of th is	 Or der,	 a ny	 person	 under	 the	 age	 of 18	 year s.	 	
(J)  	 “O	utside	 Sa le spers	on”	 m eans	 any	 person,	 18	 years	 of a ge	 or ove 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 .	 	
(K)  	 “Primarily”  as  used  in Section  1, Applicability,  means  more  than  one-half the  employee’s  work time.  	
(L) 	 “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.	 	
(M)  	“Split	 sh if	t”  m eans	 a work	 schedule	 which	 is inter rupted	 b y non -pa id	 non -w orking	 pe riods	 e sta blished	 b y the	 e m plo ye r, 
other	
 than	 bona	 f ide	 rest	 or m eal	 pe rio ds.	 	
(N)  	 “Tea ch i	ng” m eans ,	 for	 the	 p urpo se	 of Se ction	 1 o f th is	 O rder ,	 the	 profe ssion	 o f tea ch in g	 under	 a ce rtificate	 f r om	 the	 	
C om mission	 for	 T eac her	 Prepar ation	 and	 Licens ing	 or teach ing	 in an	 a ccred ited	 c o llege	 or un iv ersit y.	 	
(O)  	 “Wag es	” in clude s	 all a m ounts	 for	 labor	 pe rfo rm ed	 by e m plo yees	 of e ve ry	 de scr iption,	 whether	 the	 a m ount	 is f ix ed	 or 
a sce rta ined	
 b y the	 standard	 of tim e,	 ta sk,	 p iec e,	 co mmission	 ba sis ,	 or other	 m ethod	 of ca lc u lat ion.	 	
(P)  	 “W	ork d a	y” and	 “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.	 	
(Q)  	 ”Work w ee k	” and	 “w ee k	” m ea n	 any	 se ven	 (7)	 con se cut iv e	 d ays ,	 sta rting	 with	 the	 sa me	 ca lendar	 d ay	 ea ch	 w ee k.	 ”W ork w ee k	” is 	
a fix ed	 and	 regula rly	 re cu rring	 pe riod	 of 168	 hou rs ,	 s e ven	 (7)	 c on se cut iv e	 24 -hour	 p e riods .	 	
3. HOURS AND DAYS  OF WORK  	
(A) Daily Overtime - General  Provisions  
(1)  The  following  overtime provisions  are  applicable  to employees  18  years  of  age  or over  and  to employees  16  or 17  years	
 	
of age  who are  not  required  by law  to  attend  school and  are not  otherwise  prohibited  by law  from  engaging  in the  subject  work.	 	
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 under the following  conditions: 	
(a) 	Any  work  by  an  employee  in  excess  of  72  hours  in  any  one  workweek  shall  be on a voluntary  basis. No  employee

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shall be discharged or in any other manner discriminated against or refusing to work in excess of 72 hours in any one workweek;	 	
and 	
(2) 	Overtime hours shall be compensated  at: 
(a)  	One and one- half (1	1/2) times the employee’s  regular rate of  pay for all hours worked in excess of eight (8)  hours	 	
up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7	th) consecutive day  of work	 	
in a workweek;  and 	
(b)  	Double the employee’s regular rate of pay  for all hours worked in excess of 12 hours in any workday and for  all	 	
hours worked in excess of eight (8) hours on the seventh (7	th) consecutive  day of work in a  workweek. 	
(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  each	 	
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 elect ion 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.
 The 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	 va lid,	 the	 p ro p osed	 a lte rnat iv e	 w ork week	 schedule	 m ust	 be	 ad opted	 in a se cret	 ba llot	 e le ction,	 be fo re 
the	
 pe rfo rm an ce	 of w ork ,	 by at lea st	 a tw o-th ir ds	 ( 2/3)	 v ote	 of the	 a ffe cted	 e m plo yees	 in the	 w ork	 un it.	 T he	 ele ction	 sha ll	 be	 hel d 
du ring	
 regu lar	 w orking	 hours	 at the	 e m plo yee s’	 w ork	 si te .	 F or	 pu rpo ses	 of th is	 su bse ction,	 ―a ffe cted	 e m plo yees	 in the	 w ork	 un i	t‖ 	
may	 in clude	 a ll e m plo yees	 in a r eadi ly	 ident if ia ble	 w ork	 un it ,	 su ch	 a s a d ivi sion,	 a depa rtm ent,	 a job	 cla ssif icat ion,	 a s h if t,	 a sepa rate 
p hysical	
 loc ation,	 or a recogn iz ed	 s ubd iv ision	 o f a ny	 su ch	 w ork	 uni t.	 A work	 uni t	 may	 co nsist	 o f an	 ind iv idual	 e m plo yee	 as long	 as  	
the criteria for an identifiable work unit in this subsection is  met.

—	5 	 	
(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 shal l 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	
 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.)  
(E)  An employee  may be employed  on seven (7) workdays  in  one  workweek  when  the total  hours of  employment  during  such	
 	
workweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six  (6).  
(F)  If, during  any workday  an  employer  declares  a  work  recess  of  one- half (1/2)  hour  or  more,  other  than  a meal  period,  and  the	
 	
employer  notifies  the employees  of  the  time  to report  back for  work  and  permits  them to  leave  the premises,  such  recess  need not	 	
be treated  as hours  worked  provided  that there  shall not  be  more  than  two (2)  such  recess  periods  within  one shift and  the total  
duration  does not exceed  two (2)  hours.  Work  stoppages  of  less  than  one-half (1/2)  hour  may  not  be  deducted  from hours worked.  	
(G) 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.  
(H)  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).  
(I) The provisions of this subsection are not applicable to employees whose hours of service are regulated  by: 
(1)  The  United  States Department  of  Transportation  Code of Federal  Regulations,  title  49,  sections  395.1  to 395.13,  Hours	
 	
of Service of Drivers,  or  
(2)  Title  13  of the  California  Code of Regulations,  subchapter  6.5,  section  1200  and the following  sections,  regulating  hours	
 	
of drivers.  
(J)  Except  as provided in  subsection (A)(1)  and subsections  (D)  and  (H), 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.  
(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 section (H) 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

—	6 	 
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. 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

—	7 	 
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	 uni fo 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	 uni fo 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 ear ing	 appa rel	 and	 a cce sso ries	 of d is tinc tiv 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) 	 ”Meal ”	 means	 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) 	 ”Lodgi	ng”	 means	 liv ing	 accom modations	 ava ila ble	 to the	 e m plo yee	 for	 f u ll-ti m 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

—	8 	 
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 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	 du ring	 a 30	 m in ute	 m eal	 per iod,	 the	 meal	 per iod	 sha ll	 be	 con sidered	 an	 ”on	 dut y	” 	
meal	 per iod	 and	 counted	 as tim e	 work ed.	 An	 ”on	 dut y	” meal	 pe riod	 sha ll	 be	 pe rm itted	 on ly	 when	 the	 natu re	 of the	 w ork	 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	 bet ween	 the	 pa rties	 an	 on- the-job	 pai d	 meal	 pe riod	 is 
a greed	
 to . T he	 w ritten	 ag re e m ent	 sha ll	 s tate	 that	 the	 e m plo yee	 m ay,	 in w riting,	 re vo ke	 the	 a gre e m ent	 at any	 tim e.	 	
(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 was 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.

—	9 	 
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. INSPECTIONS  	
(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)  S	
ubsequent 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 California 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