California Industrial Welfare Commission (IWC) Wage Order #2 Personal Services Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 2-2001  
REGULATING  
WAGES,  HOURS  AND  WORKING  CONDITIONS  IN  THE  	
PERSONAL  SERVICE INDUSTRY  	
Effective January 1, 2001 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 1102 (Rev.  11/2023 ) 	
OSP 06	 98760

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TAKE NOTICE: 	To employers and representatives of persons working in industries and occupations in the State of California:  The 
Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial  Welfare 
Commission’s  Orders  as  a  result  of  legislation  enacted (SB  3,  Ch.  4,  Stats  of  2016,  amending  section 1182.12  of the California 
Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no  other changes 
to the IWC’s Orders.  	
1. APPLICABILITY OF  ORDER 	
This  order  shall  apply  to  all persons  employed  in the  personal  service  industry  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/she is employed or of  a	 	
customarily recognized department or subdivision thereof; and 	
(b)  	Who customarily and regularly directs the work of two or more other employees therein;  and  	
(c) 	Who  has the  authority  to  hire  or  fire  other  employees  or  whose  suggestions  and  recommendations  as  to  the  hiring	 	
or firing  and as to  the  advancement  and  promotion  or any  other  change  of status  of  other  employees  will  be  given  particular  weight;	 	
and 	
(d)  	Who customarily and regularly exercises discretion and independent judgment;  and 	
(e)  	Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt  work	 	
and non- exempt work shall be construed in the same manner as such items are construed in the following regulations under  the	 	
Fair  Labor  Standards  Act  effective  as of  the  date  of this  order:  29 C.F.R.  Sections  541.102,  541.104- 111, and  541.115- 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	 	
workweek  must,  first and  foremost,  be  examined  and the amount  of time  the employee  spends on  such  work,  together  with  the	 	
employer’s  realistic expectations and the realistic requirements of the job,  shall be considered in determining whether the	 employee 
satisfies this  requirement.  	
(f) 	Such  an employee  must also  earn  a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum	 	
wage for full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(2) 	Administrative Exemption. A person employed in an administrative capacity means any  employee:  
(a) 	Whose duties and responsibilities  involve either:  
(i) 	The performance of office or non- manual work directly related to management policies or general  business	 	
operations of his/her employer or his/her employer’s customers;  or  	
(ii)  	The  performance  of functions  in  the  administration  of   a  school  system,  or  educational  establishment  or	 	
institution,  or  of   a  department  or  subdivision  thereof,  in  work  directly  related  to the  academic  instruction  or training  carried on	 	
therein;  and 	
(b) 	Who customarily and regularly exercises discretion and independent judgment;  and 	
(c)  	Who  regularly  and  directly  assists a  proprietor,  or  an  employee  employed in a  bona  fide executive  or administrative	 	
capacity (as such terms are defined for purposes of this section);  or  	
(d)  	Who performs under only general supervision work along specialized or technical lines requiring special  training,	 	
experience, or knowledge;  or  	
(e)  	Who executes under only general supervision special assignments and tasks;  and  	
(f) 	Who  is primarily  engaged  in  duties  that  meet  the test  of  the  exemption.  The  activities  constituting  exempt work  and	 	
non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the  Fair	 	
Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and  541.215.	 	
Exempt work  shall  include,  for example,  all  work  that  is  directly  and  closely  related to exempt  work  and  work  which  is  properly  viewed	 	
as a means for carrying out  exempt functions. The work actually performed by the employee during the course of the  workweek	 	
must, first and foremost, be examined and the amount of time the employee spends on such work,  together  	
 	
 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	  	  	 	 	 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDE R  NO.  2-2001  
RE GULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
PERS ONAL  SERVICE  I NDUSTRY

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with the  employer’s  realistic  expectations  and  the  realistic  requirements  of  the  job,  shall  be  considered  in  determining  whether	 	
the employee satisfies this  requirement.  	
(g) 	Such  employee  must also  earn  a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage	 	
for full -time employment. Full -time employment is defined in Labor Code Section 515(c) as 40 hours per  week.  	
(3) 	Professional  Exemption.  A  person  employed  in a  professional  capacity  means  any  employee  who meets  all  of  the	 	
following requirements:  	
(a) 	Who  is licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of one  of the  following	 	
recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or  	
(b)  	Who  is primarily  engaged  in an  occupation  commonly recognized  as a  learned  or artistic  profession.  For  the	 	
purposes  of this subsection,  “learned  or artistic  profession”  means  an employee  who is  primarily  engaged  in the  performance  of: 	
(i) 	Work  requiring  knowledge  of an  advanced  type in a  field  or  science  or  learning  customarily  acquired  by a	 	
prolonged course of specialized intellectual instruction and study,  as distinguished from a general academic education and from	 	
an apprenticeship,  and  from training  in the  performance  of routine  mental, manual,  or  physical  processes,  or  work  that  is  an	 	
essential part of or necessarily incident to any of the  above work; or  	
(ii)  	Work  that  is  original  and  creative  in character  in  a  recognized  field of  artistic  endeavor  (as  opposed  to	 	
work which  can  be produced  by a  person  endowed  with general  manual  or  intellectual  ability  and  training),  and  the  result  of	 	
which  depends  primarily  on  the  invention,  imagination,  or  talent  of  the  employee  or work  that  is  an  essential  part  of  or	 	
necessarily incident to any of the above work;  and 	
(iii)  	Whose  work is  predominantly  intellectual  and  varied  in  character  (as  opposed  to routine  mental, manual,	 	
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot  be	 standardized 
in relation to a given period of  time.  	
(c) 	Who customarily and regularly exercises discretion and independent judgment in the performance of duties  set	 	
forth in subparagraphs (a) and (b).  	
(d) 	Who  earns a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage  for full -time	 	
employment. Full -time employment is defined in Labor Code Section 515 (c) as 40 hours per  week.  	
(e) 	Subparagraph  (b) above  is intended  to be  construed  in accordance  with the  following  provisions  of federal  law  as	 	
they existed as of the date of this wage order: 29 C.F.R.  Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307,  541.308,	 	
and 541.310.  	
(f) 	Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to  engage  in the  practice  of pharmacy,	 	
and  registered  nurses employed  to engage  in the  practice  of nursing,  shall  not  be  considered  exempt professional  employees,  nor	 	
shall  they  be  considered  exempt from  coverage  for the  purposes  of  this  subparagraph  unless they  individually  meet  the  criteria	 	
established for exemption as  executive or administrative  employees. 	
(g) 	Subparagraph (f) above shall not apply to the following advanced practice  nurses: 
(i) 	Certified  nurse midwives  who are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions  Code.  	
(ii) 	Certified nurse anesthetists who are primarily engaged in performing duties for which certification is  required	 	
pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions  Code.  	
(iii) 	Certified  nurse practitioners  who  are  primarily  engaged  in performing  duties for  which  certification  is required	 	
pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions  Code.  	
(iv) 	Nothing in this subparagraph shall  exempt the occupations set forth in clauses (i), (ii), and (iii) from  meeting	 	
the requirements of subsection 1(A)(3)(a) -(d)  above.  	
(h) 	Except,  as  provided  in subparagraph  (i), an  employee  in the  computer  software  field who is  paid  on an hourly  basis	 	
shall be  exempt, if all of the following  apply: 	
(i) 	The  employee  is primarily  engaged  in work  that  is  intellectual  or  creative  and requires  the  exercise  of  discretion	 	
and independent  judgment.  	
(ii) 	The employee is primarily engaged in duties that consist of one or more of the  following: 
-  The  application  of systems  analysis  techniques  and  procedures,  including  consulting  with users,  to  determine	
 	
hardware, software, or system functional  specifications.  	
- The design, development, documentation, analysis, creation, testing, or modification of computer  systems	 	
or 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 les s 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: 
 	
 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research,  Department of Industrial 
Relations, has adjusted the minimum hourly rate of pay specified  in this subdivision to be $49.77, effective January 1, 2007. This 
hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
https://www.dir.ca.gov/oprl/ComputerSoftware.htm	 or by mail from the Department of Industrial Relations.

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(i) 	The  employee  is  a  trainee  or  employee  in  an  entry -level  position  who  is learning  to  become  proficient  in  the  
theoretical and practical application of highly specialized information to computer systems analysis, programming, and  software  
engineering.  	
(ii) 	The employee is in a computer -related occupation but has not attained the  level of skill and expertise necessary  to  
work independently and without close  supervision. 	
(iii) 	The  employee  is  engaged  in the  operation  of computers  or  in  the  manufacture,  repair,  or  maintenance  of 
computer hardware and related  equipment.	
 	
(iv) 	The  employee  is an  engineer,  drafter,  machinist,  or  other  professional  whose  work is  highly  dependent  upon  or 
facilitated  by  the  use  of  computers  and  computer  software  programs  and  who is  skilled  in  computer -aided  design  software,  including 
CAD/CAM, but who is not in a computer systems analysis or programming  occupation. 	
(v)  	The  employee  is  a  writer  engaged  in  writing  material,  including  box  labels,  product  descriptions,  documentation, 
promotional material, setup and installation instructions, and other similar written information, either  for print or for  on screen media  or 
who  writes  or  provides  content  material  intended  to be  read  by  customers,  subscribers,  or  visitors  to  computer -related media such as 
the  World  Wide  Web  or  CD-ROMs.  	
(vi) 	The  employee  is engaged  in any  of  the  activities  set  forth  in  subparagraph  (h)  for  the  purpose  of creating  
imagery  for effects used in the motion picture, television, or theatrical  industry.  	
(B) 	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) 	The  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 Section  1171.) 	
2. D EFINITIONS  	
(A) 	An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more  than eight 
(8) hours in a 24-hour  period.  	
(B) 	“Commission” means the Industrial Welfare Commission of the State of  California.  	
(C) 	“Division” means the Division of Labor Standards Enforcement of the State of  California.  	
(D) 	“Employ” means to engage,  suffer, or permit to  work.  	
(E) 	“Employee” means any person employed by  an employer,  and includes any lessee who is charged rent, or who pays  rent for a 
chair, booth, or space;  and 
(1)  	Who does not use his/her own funds to purchase requisite supplies;  and  	
(2) 	Who  does  not  maintain  an appointment  book  separate  and  distinct  from  that  of  the  establishment  in  which  the space  is 
located;  and  	
(3) 	Who does not have  a business license where  applicable. 	
(F) 	“Employer”  means  any  person  as  defined  in Section  18  of  the  Labor  Code,  who  directly  or  indirectly,  or  through  an  agent  or 
any other person, employs or exercises control over the wages, hours, or working conditions of any  person.  	
(G) 	“Hours  worked”  means  the  time  during  which an employee  is subject  to  the  control  of  an  employer,  and  includes  all  the  time 
the employee is suffered or permitted to work, whether or not required to do  so.  	
(H)  	“Minor” means, for  the purpose of this order, any person under the age of 18  years. 	
(I) 	“Outside salesperson” means any person, 18 years of age or  over, who customarily and regularly works more than half  the  working  
time  away  from  the  employer’s  place  of  business  selling  tangible  or  intangible  items  or  obtaining  orders or  contracts  for  products, 
services or use of  facilities.  	
(J) 	“Personal  Service  Industry”  means  any  industry,  business,  or  establishment  operated  for the  purpose  of rendering,  directly  or  
indirectly,  any  service,  operation,  or  process  used  or useful  in  the  care,  cleansing,  or  beautification  of  the  body,  skin,  nails,  or  hair,  or  in 
the enhancement of personal appearance or health, including but not limited to beauty salons, schools of beauty culture offer ing beauty 
care  to  the  public  for  a  fee,  barber  shops,  bath  and  massage  parlors, physical  conditioning,  weight  control  salons,  health  clubs,  and 
mortuaries.  	
(K) 	“Primarily” as used in Section 1, Applicability, means more than one-half the employee’s  work time. 	
(L)  	“Shift” means designated hours of work  by an employee, with a designated beginning time and ending  time. 	
(M) 	“Split  shift”  means  a  work  schedule,  which  is  interrupted  by non-paid  non-working  periods established  by the  employer,  other 
than bona fide rest or meal  periods.  	
(N) 	“Teaching”  means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the  Commission 
for  Teacher  Preparation and Licensing or teaching in an accredited college or  university.  	
(O) 	“Wages”  includes  all  amounts  for  labor  performed  by  employees  of  every  description,  whether  the  amount  is  fixed  or  as - 
certained  by the standard of time, task,  piece, commission basis, or other method of  calculation.  	
(P) 	“Workday”  and “day”  mean  any  consecutive  24-hour  period  beginning  at the  same  time  each  calendar  day.  (Q)”Workweek”  and 
“week”  mean  any  seven  (7)  consecutive  days, starting  with  the  same  calendar  day  each  week.  “Workweek”  is a fixed and regularly  
recurring  period of 168 hours, seven  (7) consecutive 24-hour periods.  	
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

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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 
days  in any workweek is permissible provided the employee is compensated for such overtime at not less  than:  
(a) One and  one-half (1	
1/2) times the  employee’s  regular rate of  pay for all hours worked in excess of eight (8)  hours	 	
up to and including 12 hours in any  workday, and for the first eight (8) hours worked on the seventh (7	th) consecutive day of  work	 	
in a  workweek;  and  
(b) D ouble 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. 
(2)  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 
(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  subsection  (C)  below  (Election  Procedures).  If  an  employee  was voluntarily  working  an alternative  workweek	 	
schedule of not  more  than  ten (10) hours  a  day  as  of  July  1, 1999,  that  alternative  workweek schedule  was based  on an	 	
individual  agreement  made  after January  1,  1998  between  the employee  and employer,  and  the employee  submitted, and  the	 	
employer  approved,  a  written  request on  or before  May 30,  2000  to continue  the agreement,  the  employee  may continue  to	 	
work that  alternative  work-  week  schedule  without payment  of  an  overtime  rate of compensation  for the  hours  provided  in the	 	
agreement. The employee may revoke  his/her voluntary authorization to continue such a schedule with 30 days written notice  to	 	
the employer. New arrangements can only be entered into pursuant to the provisions of this  section.  	
(C) 	Election  Procedures  
Election procedures for the adoption and repeal of alternative workweek schedules require the  following: 
(1) 	Each  proposal  for  an  alternative  workweek schedule  shall be in the  form  of  a  written  agreement  proposed  by the	 	
employer.  The proposed agreement must designate a regularly scheduled  alternative workweek in which the specified number of	 	
work days  and work hours are regularly recurring. The actual  days worked within that alternative workweek schedule need not  be	 	
specified.  The  employer  may  propose  a single  work  schedule  that would  become  the standard  schedule  for workers  in  the  work  unit,	 	
or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer  proposes	 	
a menu of work schedule options, the employee  may, with the approval of the  employer, move from one menu option to  another. 	
(2) 	In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election,  before	 	
the performance of work, by at least a two- thirds (2/3) vote of the affected employees in the work unit. The election shall be  held	 	
during regular working hours at the employees’ work site. For purposes of this subsection, “affected employees in the work  unit”	 	
may  include  all  employees  in  a  readily  identifiable  work unit,  such  as  a  division,  a  department,  a  job  classification,  a  shift,  a  separate	 	
physical  location,  or  a  recognized  subdivision of  any  such  work  unit.  A  work  unit  may  consist  of  an  individual  employee  as long  as	 	
the criteria for an identifiable work unit in this subsection are  met.

—	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  Division  of  Labor  Statistics	 	
and  Research  within 30 days  after  the  results  are  final,  and  the report  of  election  results shall  be  a public  document.  The  report	 	
shall  include the final tally of the vote, the size of the unit, and the nature of the business of the  employer. 	
(7) 	Employees  affected  by a  change  in the  work  hours  resulting  from the  adoption  of an  alternative  workweek schedule  may	 	
not be required to work those new work hours for at least 30  days after the announcement of the final results of the  election. 	
(8) 	Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed  alter-	 	
native workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the  alternative	 	
workweek election  or  for  opposing  or supporting  its adoption  or repeal.  However,  nothing  in this  section  shall prohibit  an  employer	 	
from  expressing  his/her  position  concerning  that  alternative  workweek  to  the  affected  employees.  A  violation  of  this  paragraph  shall	 	
be subject to Labor Code Section 98  et seq.  	
(D) 	One  and  one- half (1	1/2) times  a  minor’s  regular  rate  of pay  shall  be  paid  for all  work  over  40  hours  in  any  workweek  except	 	
minors  16  or 17 years  old  who  are  not  required  by law  to  attend  school and  may therefore  be employed  for the  same hours  as  an	 	
adult are subject to subsection (A) or (B) and (C)  above.  
( VIOLATIONS  OF  CHILD  LABOR  LAWS are  subject  to  civil  penalties  of  from  $500  to  $10,000  as well  as  to  criminal	
 	
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) 	The  provisions  of  Labor  Code  Sections  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).  	
(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 which  to	 	
consume such food or drink.  	
(H) 	Except as provided in subsections (D) and (F), this section shall not apply to any employee covered by a valid  collective	 	
bargaining  agreement if  the  agreement  expressly  provides  for  the  wages,  hours  of  work,  and  working  conditions  of  the  employees,	 	
and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of  pay for those	 	
employees of not less than 30 percent more than the state minimum  wage.  	
(I) 	Notwithstanding  subsection (H) above,  where  the  employer  and  a labor  organization  representing  employees of  the	 	
employer  have  entered  into a  valid  collective  bargaining  agreement pertaining  to the  hours  of  work  of  the  employees,  the	 	
requirement  regarding  the equivalent  of  one  (1) day’s  rest  in  seven  (7)  (see  subsection  (F) above)  shall  apply,  unless  the	 	
agreement expressly provides  otherwise.  	
(J) 	The provisions of this section are not applicable to employees whose hours of service are  regulated by: 
(1) 	The  United  States Department  of  Transportation  Code of Federal  Regulations,  Title  49,  Sections  395.1  to 395.13,  
Hours of Service of Drivers;  or  	
(2)  	Title  13  of  the  California  Code of Regulations,  subchapter  6.5,  Section  1200 and the  following  sections, regulating  hours	 	
of drivers.  	
(K) 	If an  employer  approves  a  written  request  of  an  employee  to make  up work  time  that is  or would  be lost  as  a  result  of  a	 	
personal  obligation  of the  employee,  the  hours  of  that  makeup  work time,  if  performed  in the  same  workweek  in  which  the  work	 	
time was lost, may  not be counted toward computing the total number of hours worked in a day  for purposes of the overtime 
requirements,  except  for  hours  in  excess  of 11  hours  of  work  in  one  (1)  day  or  40  hours  of  work  in  one  (1)  workweek.  If  an  employee	
 	
knows  in  advance  that he/she  will be requesting  makeup time for a  personal  obligation  that will  recur  at  a  fixed  time  over a  
succession of weeks, the employee  may request to make up work time for up to four (4) weeks in advance; provided,  however,

—	6 	 
that the  makeup  work must  be  performed  in the  same  week that  the  work  time  was lost.  An  employee  shall provide  a signed  written 
request	
 for each occasion that the employee makes a request to make up work time pursuant to this subsection. While an 
employer  may	
 inform an employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting 
an  employee
 to request the employer’s  approval to take personal time off and make up the work hours within the same workweek 
pursuant  to
 this subsection.  	
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.  
 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)  	An Act of God or other cause not within the  employer’s control causes the interruption of  work.  	
(D) 	This  section  shall not  apply  to  an  employee  on paid  standby  status  who  is  called  to  perform  assigned  work at  a  time  other	 	
than the  employee’s  scheduled reporting  time. 
6. LICENSES FOR DISABLED  WORKERS  	
(A) 	A license  may  be  issued  by the  Division  authorizing  employment  of  a  person  whose  earning  capacity  is  impaired  by	 physical 
disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon  joint	
 application of 
employer and employee and employee’s representative if  any.  	
(B) 	A special  license  may  be  issued  to  a nonprofit  organization  such as  a  sheltered  workshop  or rehabilitation  facility fixing	 	
special minimum rates to enable the employment of such persons without requiring individual licenses of such  employees. 	
(C) 	All such  licenses  and  special  licenses  shall  be  renewed  on a yearly  basis  or  more  frequently  at  the  discretion  of the	 	
Division.  
(See California Labor Code, Sections 1191 and  1191.5) 
7. RECORDS  	
(A) 	Every employer shall keep accurate information with respect to each employee including the  following: 
(1) 	Full name, home address, occupation and social security  number.  	
(2) 	Birth date, if under 18 years, and designation as a  minor. 	
(3) 	Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals  and	 	
total  daily  hours  worked  shall also  be  recorded.  Meal  periods  during  which operations  cease  and authorized  rest periods  need  not	 	
be recorded.  	
(4) 	Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished  to	 	
the employee.

—	7 	 	
(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. The employer shall maintain an accurate production  record. 	
(B) 	Every  employer  shall  semimonthly  or  at  the  time  of each  payment  of  wages  furnish  each employee,  either  as  a  detachable	 	
part of the check, draft, or voucher paying the employee’s  wages, or separately, an itemized statement in writing showing: (1)  all	 	
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the  employee or the employee’s	 	
social security number; and (4) the name of the  employer, provided all deductions made on written orders of the employee  may	 	
be aggregated and shown as one item.	 	
(C) 	All required  records shall  be  in the  English  language  and in ink  or  other  indelible  form, properly  dated,  showing  month, day	 	
and  year,  and  shall  be  kept  on  file  by  the  employer  for  at  least  three  years at  the  place  of  employment  or  at  a  central  location  within	 	
the State of California. An  employee’s records shall be available for inspection  by the employee upon reasonable  request. 	
(D) 	Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as  practicable.  	
8. CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any  deduction  from the  wage  or  require  any reimbursement  from  an  employee  for  any  cash  shortage,	 	
breakage,  or  loss  of equipment,  unless  it  can  be shown  that the  shortage,  breakage,  or  loss  is  caused  by a  dishonest  or  willful  act,	 	
or by the gross  negligence of the  employee. 
9. UNIFORMS AND  EQUIPMENT 	
(A) 	When  uniforms  are  required  by the  employer  to  be  worn  by  the  employee  as a  condition  of  employment,  such  uniforms  shall	 	
be provided and maintained  by the employer. The term “uniform” includes wearing apparel and accessories of distinctive  design	 	
or color.  	
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	 	
mini - mum wage provided herein may  be required to provide and maintain hand tools and equipment customarily required by  the	 	
trade or craft. Notwithstanding any other provision of this section, employees in beauty salons, schools of beauty culture  offering	 	
beauty care  to  the  public  for  a  fee,  and  barber  shops  may  be  required  to furnish  their own  manicure  implements,  curling  irons,	 	
rollers, clips, haircutting scissors, combs, blowers, razors, and eyebrow  tweezers. 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.  The employee  upon completion  of the  job shall return	 	
all items furnished  by the employer.  
10. MEALS  AND LODGING 	
(A) 	“Meal” means an adequate, well -balanced serving of a variety of wholesome,  nutritious foods.  	
(B) 	“Lodging”  means  living  accommodations  available  to  the  employee  for full -time  occupancy  which  are  adequate,  decent,  and	 	
sanitary according to usual and customary standards. Employees shall not be required to share a  bed. 	
(C) 	Meals  or  lodging  may not  be  credited  against  the  minimum  wage  without  a  voluntary  written  agreement  between  the	 	
employer and  the employee.  When  credit for  meals  or  lodging  is used  to meet  part  of  the  employer’s  minimum  wage  obligation,	 	
the amounts so credited  may not be more than the  following: 	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or Fewer  Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All Employers regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary 	rental value, and in no 	event more than:  	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month 	
Where a 	couple are both employed by the 	employer, two thirds (2/3) of the ordinary rental value, and in no event more than:	 	
$1,169.59	 	/month 	$1,086.07	 	/month 	$1,253.10	 	/month 	$1,169.59	 	/month 	$1,294.83	 	/month 	$1,336.65	 	/month 	
MEALS	 	 	 	 	 	 	 	
Breakfast	  	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.60	 	$5.78	 	
Lunch	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.72	 	$7.97

—	8 	 
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 or lodging not  used.  	
(E) 	If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or  under	 	
the control of the  employer, then the employer  may not charge rent in excess of  the values listed herein. 
11. MEAL  PERIODS  	
(A) 	No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less  than	 	
30  minutes,  except  that  when  a work  period  of not  more  than  six (6) hours  will  complete  the day’s  work  the  meal  period  may be	 	
waived by  mutual consent of the employer and the employee.  	
(B) 	An employer  may  not  employ  an  employee  for a  work  period  of more  than  ten (10)  hours  per  day  without  providing  the	 	
employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12  hours,	 	
the second meal period may be waived  by mutual consent of the employer and the employee only if the first meal period was  not	 	
waived.  	
(C) 	Unless  the  employee  is relieved  of all  duty  during  a 30  minute  meal period,  the  meal  period  shall be  considered  an “on  duty”	 	
meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work  prevents	 	
an  employee  from being  relieved  of  all  duty  and  when  by written  agreement  between  the parties  an  on- the- job paid  meal  period  is	 	
agreed to.  The written agreement shall state that the employee  may, in writing,  revoke the agreement at any  time.  	
(D) 	If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order,  the	 	
employer shall  pay  the  employee  one (1) hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  workday  that  the	 	
meal period is not provided.  	
(E) 	In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall	 	
be designated.  
12. REST  PERIODS  	
(A) 	Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in  the	 	
middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten  (10)	 	
minutes net  rest  time  per four  (4)  hours  or  major  fraction  thereof. However,  a  rest  period  need not be  authorized  for employees  whose	 	
total daily work time is less than three and one- half (3	1/2) hours. Authorized rest period time shall be counted as hours worked  for	 	
which there shall be no deduction from wages.  	
(B) 	If an  employer  fails  to  provide  an employee  a rest  period  in accordance  with the  applicable  provisions of  this  order,  the	 	
employer  shall  pay  the  employee  one (1) hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  workday  that  the  rest	 	
period is not  provided. 
13. CHANGE ROOMS AND RESTING  FACILITIES  	
(A) 	Employers  shall  provide  suitable  lockers, closets,  or  equivalent  for  the  safekeeping  of  employees’  outer  clothing  during	 	
working hours, and  when  required,  for  their  work  clothing  during non-working  hours. When  the occupation  requires  a  change  of	 	
clothing,  change  rooms or  equivalent  space  shall be provided  in order  that  employees  may  change  their clothing  in reasonable	 	
privacy  and comfort.  These  rooms or spaces  may  be  adjacent  to  but  shall  be separate  from toilet  rooms  and shall be kept  clean.  
NOTE:  This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and  Health	
 	
Standards Board.  	
(B) 	Suitable resting facilities shall be provided in an  area separate from the toilet rooms and shall be available to  employees	 	
during work hours. 
14. SEATS  	
(A) 	All working  employees  shall  be provided  with suitable  seats when  the nature  of the  work  reasonably  permits  the  use  of	 	
seats.  	
(B) 	When employees are not  engaged in the active duties of their employment and the nature of the work requires  standing,	 	
an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be  permitted	 	
to use such seats when it does not interfere with the performance of their duties.  
15. TEMPERATURE  	
(A) 	The temperature maintained in each work area shall provide reasonable comfort consistent with industry -wide  standards	 	
for the nature of the process and the work  performed. 	
(B) 	If excessive  heat  or  humidity  is  created  by the  work  process,  the  employer  shall  take  all feasible  means to  reduce  such	 	
excessive  heat  or  humidity  to  a degree  providing  reasonable  comfort. Where  the nature  of the  employment  requires  a  temperature	 	
of  less  than  60° F.,  a  heated  room shall  be  provided  to which  employees  may  retire  for  warmth,  and  such  room  shall  be  maintained	 	
at not less than  68°. 	
(C) 	A temperature  of  not  less  than  68° shall  be  maintained  in the  toilet  rooms,  resting  rooms, and  change  rooms during hours	 	
of  use.  	
(D) 	Federal and State energy guidelines shall prevail  over any conflicting provision of this  section.  	
16. ELEVATORS  	
Adequate elevator, escalator  or similar service consistent with industry -wide standards for the nature of the process and  the	 	
work performed  shall be  provided  when employees  are  employed  four floors  or  more  above  or below  ground  level.

—	9 	 
17. EXEMPTIONS  	
If, in  the  opinion  of the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision  contained  in Section  7,	 	
Records;  Section 12,  Rest  Periods;  Section  13, Change  Rooms and  Resting  Facilities;  Section  14, Seats;  Section  15, Temperature;	 	
or  Section  16, Elevators,  would not  materially  affect  the welfare  or comfort  of employees  and  would  work an  undue  hardship  on the	 	
employer,  exemption  may be  made  at the  discretion  of the  Division.  Such  exemptions  shall  be in writing  to be  effective  and  may be	 	
revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the  employee	 	
and/or the  employee’s  representative  to the  Division  in  writing. A  copy of  the  application  shall be  posted  at the  place  of  employment	 	
at the time the application is filed with the  Division. 
18. FILING  REPORTS  	
(See California Labor Code, Section  1174(a)) 	
19. INSPECTION  	
(See California Labor Code, Section  1174) 	
20. PENALTIES 	
(See California Labor Code, Section  1199) 
(A) 	In addition  to any  other  civil  penalties  provided  by law,  any  employer  or  any  other  person  acting on behalf  of  the  employer	 	
who violates, or causes to be violated, the provisions of this  order, shall be subject to the civil penalty  of: 	
(1)  	Initial  Violation —  $50.00 for each  underpaid  employee for each  pay period  during which the  employee  was underpaid	 	
in addition to the amount which is sufficient to recover unpaid  wages. 	
(2) 	Subsequent Violations  — $100.00 for each underpaid employee for each pay period during which the  employee was	 	
underpaid in addition to an amount which is sufficient to recover unpaid  wages. 	
(3) 	The affected employee shall receive payment of all wages  recovered.  	
(B) 	The labor commissioner may  also issue citations pursuant to California Labor Code Section 1197.1 for non- payment of	 	
wages for overtime work in violation of this  order.  
21. SEPARABILITY  	
If the  application  of any  provision  of this  order,  or any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  word, or	 	
portion  of this  order  should  be held  invalid  or  unconstitutional  or  unauthorized  or prohibited  by statute,  the  remaining  provisions	 	
thereof shall  not  be  affected  thereby, but shall  continue  to be  given  full force  and effect  as if the  part so  held  invalid  or	 	
unconstitutional had not been included  herein. 
22. POSTING OF  ORDER  	
Every employer  shall  keep a  copy of  this  order  posted  in an  area  frequented  by employees  where  it may  be  easily  read during	 	
the  workday.  Where the location of work or other conditions make this impractical, every employer shall keep a copy of this  order	 	
and  make  it available  to every  employee  upon request.  
 
 
 	
QUESTIONS ABOUT ENFORCEMENT  of the Industrial	 	
Welfare Commission  orders  and  reports  of  violations  should  be	 	
directed  to the  Labor  Commissioner's  Office. A  listing of  offices  is  on	 	
the  back  of  this  wage  order.  For the  address  and  telephone  number	 	
of the office nearest you, information can be found on the  internet at	 	
http://www.dir.ca.gov/DLSE/dlse.html  or under a search for	 	
"California Labor Commissioner's Office" on the internet or  any	 	
other  directory.  The Labor  Commissioner  has  offices  in  the  following	 	
cities: Bakersfield, El Centro, Fresno, Long Beach, Los  Angeles,	 	
Oakland, Redding, Sacramento, Salinas, San Bernardino,  San	 	
Diego,  San Francisco,  San  Jose,  Santa  Ana, Santa  Barbara,  Santa	 	
Rosa, Stockton, Van  Nuys. 
 
 
 
 
 
 
 
 
 
   
 	
SU MMARIES 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  
7718 Meany  Ave.  
Bakersfield, CA   93308 
661 -587 -3060  
  EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA    92 243 
 760- 353-0607    FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw Ave., Suite 222  
Fresno, CA   93710 
559 -244 -5340  
 
LONG  BEACH  
Labor Commissioner's Office/DLSE  
1500 Hughes Way , Suite C-202  
Long Beach, CA 90810  
    (562) 590-5048  LOS ANGELES  
Labor  Commissioner's  Office/DLSE  
320  W.  Fourth  St.,  Suite  450	
 	Los Angeles,  CA  90013  
213 -620 -6330  
  OAKLAND  
Labor  Commissioner's  Office/DLSE  
1515  Clay Street,  Room  801  
Oakland,  CA  94612  
510 -622 -3273  
  OAKLAND  – HEADQUARTERS  
Labor Commissioner's  Office/	 	DLSE	 
1515  Clay Street,  Room	  1302	   
Oakland, CA  94612  
510 -285 -2118  
[email protected]   REDDING
 
Labor Commissioner's  Office/DLSE	
 	250 Hemsted Drive, 2nd Floor, Suite  A	 	Redding, CA  96002 
530 -225 -2655  	
  	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	
  	SALINAS  
Labor  Commissioner's  Office/DLSE  
950  E. Blanco  Rd., Suite  204 
Salinas, CA  93901  
831 -443 -3041  	
 	
SAN  BERNARDINO  
Labor  Commissioner's  Office/DLSE	 	464 West 4	th  Street, Room  348	 	San Bernardino, CA   92401 
909 -383 -4334  	
  	SAN  DIEGO  
Labor  Commissioner's  Office/DLSE  
7575 Metropolitan  Dr., Room  
210	
  
San Diego, CA   92108 
619 -220 -5451  	
  	SAN  FRANCISCO  
Labor  Commissioner's  Office/DLSE	 	455 Golden Gate Ave. 10	th  Floor	 	San Francisco, CA   94102 
415 -703 -5300   SAN JOSE
 
Labor Commissioner's Office/DLSE  
224 Airport Parkway, Suite 300  
San Jose, CA 95110  
408 -277 -1266  	
  	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
2 MacArthur Place Suite 800 	 
Santa Ana, CA   92701  
714 -558 -4910  	
  	SANTA  BARBARA  
Labor Commissioner's  Office/DLSE	 	411 E. Canon Perdido,  Room 3	 	Santa Barbara, CA   93101 
805 -568 -1222  	
  	
SANTA  ROSA 
Labor Commissioner's  Office/DLSE  
50 “D” Street, Suite  360	
 	Santa Rosa, CA 95404	 	707 -576 -2362  	  	STOCKTON  
Labor  Commissioner's  Office/DLSE  
3021 Reynolds Ranch Parkway, Suite 160  
Lodi, California 95240  
209 -948 -7771  	
  	VAN  NUYS  
Labor Commissioner's  Office/DLSE	 	6150 Van Nuys  Boulevard, Room  206	 	Van Nuys, CA   91401 
818 -901 -5315  	
 
 
 
 
 
 
 
 
 
 
 
 
 
 	
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