California Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations Poster

IWC FORM 1104 (Rev.  11/2023)  
OSP 06  98762	
 	
 
 
 
 
 
 
 	
 	
 	
OFFICIAL  NOTICE  	
INDUSTRIAL  WELFARE COMMISSION ORDER 
NO.  4 -2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
PROFESSIONAL,  TECHNICAL,  	CLERICAL,	 	
MECHANICAL  AND  SIMILAR  OCCUPATIONS	 	
Effective January 1, 2 001 as amended  	
 	
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial Relations, 
effective January 1,  2024,  pursuant to SB 13, 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

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Please Post With  This  Side  Showing	 	
OFFICIAL  NOTICE 	
Effective  January 1, 2001  as amended	 	
Sections  4(A) and  10(C)  amended  and  republished  by  the  Department  of  Industrial  
Relations,  effective  January 1, 202 4, pursuant  to  SB  3, Chapter  4,  Statutes  of 2016  and 
section  1182.13  of the Labor  Code	
 	
 	
INDUSTRIAL WELFARE  COMMISSION 
ORDER NO.  4 -2001 
REGULATING  
WAGES, HOURS AND WORKING CONDITIONS IN THE  	
PROFESSIONAL, TECHNICAL,  CLERICAL,  MECHANICAL  AND  SIMILAR  
OCCUPATIONS	
 	
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 201 6, 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 professional,  technical,  clerical,  mechanical,  and  similar  occupations  
whether  paid  on a  time,  piece  rate,  commission,  or  other  basis,  except  that:	
 	
(A)  	Provisions  of Sections  3  through  12 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  b usiness  
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)  W	ho 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

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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.	
 	
(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  p rim arily  engaged in an  occu pation  co m monly  reco gni zed  as a  lear ned or  a rti sti c pr ofe ssion.  F or  the 
p u rp oses  of  this  s u b se ction,  “ le arn ed  or  a rti s tic pro fe ssion”  m eans  an  em plo yee  who  is  prim arily  eng aged  in the  perfo 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  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  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 	
 	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  exemption  provided  in subparagraph  (h) does  not  apply  to  an  employee  if any  of  the  following  apply:	 	
(i) The  employee  is a  trainee  or employee  in an  entry -level  position  who is  learning  to become  proficient  in  the  
theoretical and practical application of highly specialized information to  computer systems analysis, programming, and software 
engineering.  
(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.  DEFINITIONS  	
(A) 	An	 “a lte rna tiv e	 wo rkweek	 sch edul e”	 m eans	 any	 regula rly	 sc hedul ed	 work week	 requi ring	 an	 e m plo ye e	 to w ork	 mo re	 	
th a n	 eight	 ( 8) hour s	 in a 24 -h o ur	 pe riod.	 	
(B)  	“C om miss ion”	 m eans	 th e	 Indus tr ial	 W elf a re	 C om miss ion	 of t he	 S ta te	 of Ca li fo rn ia.	 	
(C)  	“Division ” means  the  Division  of  Labor  Standards  Enforcement  of  the  State  of California.  	
(D) 	“Emergency ” means  an  unpredictable  or unavoidable  occurrence at unscheduled  intervals requiring  immediate  action. 	
(E) 	“Employ ” means  to  engage,  suffer,  or permit  to  work.  	
(F) 	“Employee”  means  any  person  employed  by an  employer.  	
(G) 	“E m plo ye es	 in t he	 h e alth	 ca re	 indus tr	y ” me ans	 any	 of the	 fo ll o w ing:	 	
(1)  	Employees  in  the  health  care  industry  providing  patient care;  or	 	
(2)  	Employees in the  health care industry working in a clinical or medical department, including pharmacists  
dispensing  prescriptions in any practice setting;  or	
 	
(3) 	Employees  in  the  health  care industry  working  primarily  or  regularly  as  a  member  of  a  patient  care  delivery  team;  or  	
(4)  	Licensed  veterinarians,  registered  veterinary technicians  and  unregistered  animal health  technicians  providing  patient 
care.  	
(H) 	“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.  	
(I) 	“Healt h	 care	 e me rg e ncy ”	 cons is ts	 of an	 unpr edic ta ble	 or una vo id a ble	 occu rren ce	 at unsche duled	 in te rv a ls	 r e la ting	 to 	
h e alth	 ca re del iv e ry ,	 requi ring	 im medi ate	 a ction.	 	
(J)  	“H ealth  ca re   indust r	y” is   defi ned   as   hos pita ls ,   sk ill e d   n u rs in g  fa cili tie s,  in te rm edi ate   ca re  a n d   r e sidenti al  c a re  fa cilitie s, 
c o nv ale sce nt  care   in stitut ions,   h om e   hea lth  agen cie s,   c lini cs   o per ating   2 4   hour s  per   d ay,   a nd   c lin ic s   per fo rm in g   s ur ge ry ,   
urgen t  ca re ,   radi olo gy, anes thes iolog y,  patho logy,  neu rology  or  di aly sis . 	
(K)  	“H ours   work	ed”	  m eans   the   tim e   duri ng   whic h   an   em plo ye e   is   subjec t  to   the   contr ol   of   an   em ploy er,   and   in clude s  all  
th e   ti me   th e  em plo ye e  is  su ffe re d  o r  p ermitt ed  to  work ,  w het her  o r  not  req uir ed  to  do s o . W ith in  th e h e alth  ca re  in dust ry ,  th e 
te rm  “ h ours  w ork e d”  m ea ns the  tim e dur ing  whi ch  a n  e m ployee  is  s u ffe red  or per mitted  to  w ork  for  the  em plo ye r,  w het her  or  n ot 
r e qui red  to  d o  s o,  as int erp reted  in accordan ce  w ith  the  provis io ns  of  the  Fair  L abor  St andar ds A ct.  	
(L)  	“M inor ”	 means,	 for	 t he	 pur pose	 of th is	 o rd er,	 a ny	 p erson	 und er	 the	 age	 of 18	 y ea rs .	 	
(M)  	“O uts id e  s a le sper son”  m ean s a ny p ers on,  18  y ears  o f  a g e o r  o ve r,  w ho  c u sto m arily  a nd  re g ula rly  w ork s m ore  tha n half  
th e w ork in g t ime a w ay from  the  em plo ye r’s  plac e of  b u sin ess s e llin g ta ngi ble  or  in tang ib le  it e m s or  obt aining  orders  or  c o n tr acts  for  
p ro duc ts, se rv ice s or  u se  o f fa cili tie s. 	
(N)  	“Primarily ” as  used  in  Section  1,  Applicability,  means  more  than  one-half the  employee’s  work  time.	 	
(O)  	“P ro fe ssi onal,  Te chni ca l,  Cle rica l, M echani ca l,  and  Simil ar  Occupati ons”  inc ludes  pro fe ssional,  se mi pro fe ssi onal, 
m anag erial,  supe rvi so rial,  l a bor ato ry ,  re se arc h,  tec hnica l,  c leri ca l, off ic e  w ork , and  mechani ca l  o cc u pat ions. Said  occu pations  s hal l 
i n cl ude,  but  not  be li mited  to,  the  fo llo wing:  a cc o untant s;  age nts;  appr ais e rs ;  arti s ts ;  atten dant s;  aud io -v is u al  te chni cians ; 
boo kke eper s;  bu ndl ers;  bi llp oster s;  ca nv asse rs ;   c a rri er s;  ca sh ie rs ;  ch e cke rs ;   c le rk s;  co llec tors ;   c o m muni ca tions   a n d   s o u nd  
te ch nic ians ;  c o m pile rs ;  co py   hol d	
ers ;   c o py   reader s;  co py   w rit e rs ;  co m pute r pro gra m mers  and  operato rs ;   dem onst rator s and 
d is p la y r epre senta tive s;  dis patc hers;  distri bu to rs ;  door- k eeper s; d rafter s;  el evator  o per ator s;  estim ator s;  editor s;  g raph ic arts  
te chni cians ; guar ds;  g uid es;  h o sts ;  in sp ector s;  in stal lers ;  in str uctor s;  in te rv ie w er s;  in ve stigat ors ;  lib ra rians ; la bor ato ry  w ork er s; 
m ach ine  operator s;  m ech an ics;  maile rs ;  m esse nger s;  m edi cal  and  dent al  tec hnic ia ns  and t echnol ogists ;  model s;  nu rs e s; 
pac kager s;  phot ogra phe rs ;  por ters   and   c	
leaner s;  pro ce ss   s e rv e rs ;  pri nte rs ;   p roo f  r eader s;  sa le spe rs ons   and  sa le s   agents ;

—	4 	  
se cre ta ries;   s ig n   e re cto rs ;   s ig n   pai nte rs ;   s o cia l  w ork e rs ;   s o lic ito rs ;   s ta tisti cians ;  s teno grap hers ;   teac hers ;   teleph on e,   ra dio - 
telep hone,  tel egr aph  and  c a ll- o ut  o pe ra tor s;  te lle rs ;  tic k et  a g ent s;  tracer s;  ty pists ;  vehi cle  o pe rator s;  x-ra y tec hnicia n s;  th eir  
a ss is tant s a nd other  relat ed occu pations  li s ted  as pro fe ssio nal,  s e m ipr ofe ssio nal,  te ch nic al,  c le ric a l, m ech an ic al,  a nd  kindr ed 
o cc u pat io ns. 	
(P)  	“Sh ift”	 m eans	 des ig n ated	 h o urs	 of wo rk	 b y	 an	 e mp lo ye e,	 w ith	 a des ignat ed	 be ginn ing	 ti m e	 and	 quit ting	 ti m e.	 	
(Q)  	“Sp li t	 sh ift”	 m ean s	 a work	 sc hedul e,	 wh ich	 is in te rrup ted	 b y	 n o n-pai d	 no n-wo rk ing	 pe riods	 es tablished	 by	 the	 e mp lo ye r,	 	
o ther	 t han bona fide rest   or meal periods.	 	
(R)  	“T eac hing ”  m ea ns,   f o r   th e  pu rp ose   o f   S ectio n   1   o f  t h is   o rd e r,   th e  p ro fe ssi on   o f   tea ch in g   u n de r  a   c e rtif ic a te   fr om   th e  
C om mi ssio n  for  Teacher  Preparation  and Licensing  or  teaching  in an  accredited  college or  university.  	
(S) 	“W	ages ”	 inc ludes   a ll   a m ounts   f o r   labor   per fo rm ed   b y   e m plo ye es   o f   e ve ry   descri ption,   w heth er   th e   a m ount   is   fi xe d  
o r   asce rta ined  by the  standard  of time,  task,  piece,  commission  basis,  or  other  method  of calculation.  	
(T) 	“W ork da	y” a n d	 “d	ay ” me an	 any	 cons ecu tiv e	 2 4-hour	 p eriod	 b e ginni ng	 at the	 s a me	 time	 eac h	 calend ar	 day.	 	
(U)  	“Wo rk w eek ” a nd  “w eek ” m ean  any s e ven  (7)  cons ecu tive  d ays,  s ta rting  with  the  s a m e c a lend ar d ay e ach  w eek. “ W ork w eek ” 
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  the  employee  receives  one  and one- half (	
1½	) times such employee’s regular rate of  pay for all hours 
worked  over 40 hours in the workweek. Eight (8) hours of  labor  constitutes  a  day’s  work.  Employment  beyond  eight (8)  
hours  in  any  workday  or  more  than  six (6)  days  in  any  workweek  is  permissible  provided  the  employee  is  compensated  for  
such  overtime  at  not  less  than:	
 	
(a)  	One  and  one-half  (1 ½)  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 
( 1½)  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 ½) or  double  the regular  rate  of pay  shall  be  included in  determining  when 40 
hours  have  been  worked  for the  purpose  of computing  overtime compensation.  	
(2) 	If an employer  whose employees  have adopted an alternative workweek agreement  permitted  by this  order  requires  an 
employee  to work  fewer  hours  than  those  that are  regularly  scheduled  by the  agreement,  the  employer  shall  pay  the  employee  
overtime  compensation at  a  rate of  one  and one- half ( 1½)  times  the  employee’s  regular  rate of  pay  for  all  hours  worked  in excess 
of  eight  (8)  hours,  and  double  the employee’s  regular  rate  of pay  for  all  hours  worked  in  excess  of 12  hours  for  the  day the  
employee  is required  to work  the  reduced  hours. 	
(3) 	An  employer  shall  not  reduce  an  employee’s  regular  rate  of  hourly  pay  as  a  result of  the  adoption,  repeal  or  
nullification  of  an  alternative workweek  schedule.	
 	
(4)  	An employer shall explore any available reasonable alternative means of accommodating the religious belief or  
observance  of  an  affected  employee  that  conflicts  with  an  adopted  alternative  workweek  schedule,  in  the  manner  provided  
by  subdivision  (j) of Section  12940  of the  Government  Code.	
 	
(5)  	An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a  workday, in 
order  to  accommodate  any affected  employee  who was  eligible  to  vote  in  an  election  authorized  by this  section  and who 
is  unable  to  work  the  alternative workweek schedule established as the result of that election.  	
(6) 	An  employer  shall  be  permitted,  but  not required,  to  provide  a work  schedule  not to  exceed  eight (8)  hours  in  a  
workday  to accommodate  any employee  who is  hired  after the  date  of the  election  and who is  unable  to  work  the  alternative  
workweek  schedule established  by the  election.  	
(7) 	Arrangements  adopted  in a  secret  ballot  election  held  pursuant  to  this  order  prior  to  1998,  or  under  the  rules  in  
effect  prior  to 1998,  and  before  the performance  of the  work,  shall  remain  valid after  July  1, 2000  provided  that the  results  of  
the  election  are reported  by the employer  to  the  Office  of Policy,  Research  and  Legislation  by January  1,  2001,  in  accordance  with 
the  requirements  of subsection  (C) below (Election  Procedures).  If  an  employee  was  voluntarily  working  an alternative  workweek 
schedule  of not  more  than  ten (10)  hours  a  day  as  of  July  1, 1999,  that  alternative workweek  schedule was  based on  an individual  
agreement  made  after January  1,  1998  between  the employee  and employer,  and  the employee  submitted, and  the employer

—	5 	  
approved, a  written  request  on  or before  May 30,  2000  to continue  the agreement,  the  employee  may continue  to  work  that  
alternative  workweek schedule  without payment  of  an  overtime  rate of compensation  for the  hours  provided  in  the  agreement.  
The  employee may  revoke his/her voluntary authorization  to continue such a schedule  with 30  days  written  notice to  the employer.  
New  arrangements  can  only be  entered  into pursuant  to  the  provisions  of  this  section. Notwithstanding the foregoing, if a health 
care industry employer  implemented  a  reduced  rate  for  12- hour  shift  employees  in  the  last quarter of 1999 and desires to 
re -implement a  flexible work arrangement that includes 12- hour shifts at straight time for the same  work unit, the  employer  must 
pay  a  base  rate to each  affected  employee  in the  work  unit  that  is  no  less  than  that employee’s  base  rate in 1999 immediately prior 
to the date of the rate  reduction. 	
(8) 	Notwithstanding  the above  provisions  regarding  alternative  workweek  schedules,  no  employer  of  employees  in  
the  health  care industry 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 that includes workdays 
exceeding ten (10) hours but not more than  12  hours  within  a 40  hour  workweek  without  the  payment  of  overtime 
compensation,  provided  that:	
 	
(a) 	An employee who works beyond 12 hours in a workday shall be compensated at double the employee’s 
regular rate  of  pay  for all hours in excess of  12;	
 	
(b)  	An  employee  who works  in  excess  of  40  hours  in  a  workweek  shall  be  compensated  at one  and one- half (1 1
/2)  
times  the employee’s regular rate of pay  for all hours over 40 hours in the  workweek; 	
(c) 	Any  alternative  workweek agreement  adopted  pursuant  to  this  section  shall  provide  for not  less  than  four (4)  hours  o f 
work in any shift;  	
(d) 	 The same overtime standards shall apply to employees who are temporarily assigned to a work unit covered by 
this subsection;  	
(e) 	 Any employer who instituted an alternative workweek schedule pursuant to this subsection shall make a 
reasonable effort  to find another work assignment for any employee who participated in a valid election prior to 1998 pursuant to 
the provisions of Wage Orders 4 and 5 and who is unable to work the  alternative workweek schedule established; 	
(f) An  employer  engaged  in the  operation  of a  licensed  hospital  or  in  providing  personnel  for  the  operation  of a  licensed  
hospital	
 who  institutes,  pursuant  to  a valid  order  of  the  Commission,  a  regularly  scheduled  alternative workweek  that  includes  no  
more  than  three  (3) 	
12- hour  workdays,  shall  make  a reasonable  effort  to  find  another  work  assignment  for  any  employee  who  
participated  in the  vote  which  authorized  the schedule  and is  unable  to work  the  12-hour  shifts.  An employer  shall  not  be 
required  to  offer  a  different  work  assignment  to  an  employee  if such  a  work  assignment  is  not  available  or if  the  employee 
was  hired  after  the  adoption  of  the  12 hour,  three  (3)  day  alternative workweek  schedule.	
 	
(9) 	No  employee  assigned to work  a  12- hour  shift  established  pursuant  to  this  order  shall  be  required  to work  more  than  12 
hours in  any 24- hour  period  unless the  chief  nursing  officer or  authorized  executive declares that:  
(a) 	A ”h e alth	 ca re	 e me rg ency	”, as	 defi ned	 abov e,	 exis ts	 in t h is	 o rd er;	 a n d	 	
(b)  	All reasonable  steps  have  been  taken  to provide  required  staffing; and 	
(c)  	Considering  overall operational  status  needs,  continued  overtime is necessary  to  provide  required  staffing. 	
(10) 	Provided  further that  no  employee  shall  be  required  to work  more  than  16 hours  in  a  24- hour  period  unless by  voluntary  
mutual agreement  of  the  employee  and the employer,  and  no  employee  shall work  more  than  24 consecutive  hours until  said  
employee  receives not  less  than  eight (8)  consecutive  hours off  duty  immediately  following  the 24 consecutive  hours of  work.  	
(11) 	Notwithstanding subsection (B)(9) above, an employee  may be required to work up to 13 hours in any 24- hour 
period if  the  employee scheduled to relieve the subject  employee does not report for duty as scheduled and does not inform 
the employer more  than two  (2)  hours  in  advance  of that  scheduled  shift  that  he/she  will  not be  appearing  for  duty  as  
scheduled.
 	
(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. 	
(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

—	6 	  
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.  However, where an alternative workweek schedule  was adopted between October 
1, 1999 and October 1, 2000, a new secret ballot election  to  repeal  the  alternative  workweek schedule  shall not  be  subject  
to  the  12-month  interval  between  elections. The  election  shall take place during regular working hours at the employees’ work 
site. If the alternative workweek schedule is revoked,  the employer shall comply within  60  days.  Upon  proper  showing  of undue 
hardship,  the  Division  of  Labor  Standards  Enforcement  may  grant  an  extension  of time for  compliance.  	
(6) 	Only  secret  ballots  may  be  cast  by  affected  employees  in  the  work  unit  at  any  election  held pursuant  to  this  section.  
The  results of  any  election  conducted  pursuant to  this  section  shall  be  reported  by the  employer  to  the  Office  of Policy,  Research  
and  Legislation within  30 days after  the results  are final,  and  the report  of  election  results shall be  a public  document.  The  report  
shall  include  the  final  tally of  the  vote,  the size  of  the  unit,  and  the nature  of the  business  of  the  employer.  	
(7) 	Employees  affected  by a  change  in the  work  hours  resulting  from the  adoption  of an  alternative  workweek schedule  
may  not  be required  to work  those  new work  hours  for  at  least  30  days  after  the  announcement  of  the  final  results  of  the  election.  	
(8) 	Employers  shall  not  intimidate  or coerce  employees  to  vote  either  in  support  of  or  in  opposition  to a proposed  alternative 
work -  week. 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) 	The provisions of subsections (A), (B) and (C) above shall not apply to any employee whose earnings exceed one 
and  one-half (	
1½	)  times  the  minimum  wage  if  more  than  half of  that  employee’s  compensation  represents  commissions.	 	
(E)  	One  and  one-half (1 ½)  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.) 	
(F) 	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).  	
(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) 	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). 	
(I) 	Except as provided in subsections (E), (H) and (L), this section s hall not apply to any employee covered  by  a valid 
collective  bar - gaining  agreement  if  the  agreement  expressly  provides  for  the  wages,  hours  of  work,  and  working  conditions  of  the  
employees,  and  if the agreement  provides  premium  wage  rates  for  all  overtime  hours worked  and a regular  hourly  rate  of pay  for  
those  employees  of  not  less  than  30 percent  more  than  the state  minimum  wage.  	
(J) 	Notwithstanding  subsection (I) above,  where the employer  and  a labor  organization  representing  employees of  the  employer  
have  entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement 
regarding the    equivalent of  one  (1) day’s  rest  in  seven  (7)  (see  subsection  (H) above)  shall  apply,  unless  the  agreement  
expressly  provides  otherwise.  	
(K) 	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 following  sections,  regulating 
hours  of  drivers.  	
(L) 	No  employee  shall be  terminated  or otherwise  disciplined  for  refusing  to work  more  than  72 hours  in  any  workweek,  except  
in  an  emergency  as  defined  in Section  2(D). 	
(M) 	If an  employer  approves  a  written  request  of  an  employee  to make  up work  time  that is  or would  be lost  as  a  result  
of  a  personal obligation  of the  employee,  the hours  of  that  makeup  work time,  if  performed  in the  same  workweek  in  which  
the  work  time  was  lost,  may  not  be counted  toward computing  the total  number  of  hours  worked  in a  day  for  purposes  of  the  
overtime  requirements,  except  for hours in excess  of  11  hours  of  work  in  one  (1) day or  40  hours  of  work  in  one  (1) workweek.  
If  an  employee  knows in  advance  that he/she  will be  requesting  makeup time for a  personal  obligation  that will  recur  at  a  fixed  
time  over a succession  of  weeks,  the employee  may request  to make  up work  time  for up  to four  (4)  weeks  in  advance;  provided,  
however,  that  the  makeup  work must  be  performed  in the  same  week  that  the  work  time  was lost.  An  employee  shall  provide  a signed 
written  request  for  each  occasion  that the  employee  makes  a  request  to  make  up work  time  pursuant  to  this  subsection.  While  an 
employer  may  inform  an  employee  of this  makeup  time option,  the  employer  is  prohibited  from encouraging  or otherwise	
 soliciting  
an  employee  to request  the  employer’s  approval  to  take  personal  time  off and  make  up the  work  hours within the same

—	7 	  
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)     F ifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.  	
(2) 	 Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages 
not less than the following: 
(a)     Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022; 
(b)  Fourteen dollars  ($14.00) per hour for all hours worked, effective January 1, 2021; and 	
(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; 
(b)  Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021;  	
Employees treated  as  employed  by  a  single  qualified  taxpayer  pursuant  to  Revenue  and Taxation  Code  section  23626  are 
treated  as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in 
occupations in which they  have  no previous  similar  or  related  experience,  may  be  paid  not  less  than  85 percent  of  the  
minimum  wage  rounded  to the  nearest  nickel.	
 	
(B)  	Every  employer  shall  pay  to  each  employee,  on  the  established  payday for  the  period  involved,  not  less  than  the applicable  
minimum wage  for all  hours  worked  in the  payroll  period,  whether  the  remuneration  is measured  by time,  piece,  commission,  or  
otherwise.  	
(C) 	When  an employee  works a  split  shift,  one (1) hour’s  pay  at  the  minimum  wage  shall be  paid  in addition  to the 
minimum  wage  for that  workday,  except  when  the employee  resides at  the  place  of employment.	
 	
(D)  	The  provisions  of this  section  shall  not  apply  to  apprentices  regularly  indentured  under the  State  Division  of  
Apprenticeship Standards.  	
5. REPORTING TIME  PAY 	
(A) 	Each workday  an  employee  is required to  report for  work  and does  report, but  is not  put  to  work  or is furnished  less than  
half  said  employee’s  usual or  scheduled  day’s  work,  the employee shall  be paid  for  half  the  usual  or  scheduled  day’s work,  but in  
no  event  for less than  two (2)  hours  nor  more  than  four (4)  hours,  at  the  employee’s  regular  rate  of pay,  which  shall  not  be  less  
than  the minimum  wage.  	
(B) 	If an  employee  is required  to report  for  work  a  second  time in any  one  workday  and  is  furnished  less than  two (2)  
hours  of  work  on the  second  reporting,  said  employee  shall be paid  for two  (2)  hours  at  the employee’s regular  rate  of pay,  which  
shall  not  be  less  than  the minimum  wage.  	
(C) 	The  foregoing  reporting  time  pay  provisions  are  not  applicable  when:	 	
(1)  	Operations  cannot  commence  or  continue  due to  threats  to  employees  or  property;  or  when  recommended  by 
civil  authorities;  or	
 	
(2)  	Public	 utilities  fail to  supply  electricity,  water,  or gas,  or  there  is a failure  in the  public  utilities,  or  sewer  system;  or  	
(3)  	The  interruption  of work  is  caused  by an  Act  of  God  or  other  cause  not within  the employer’s  control.  	
(D) 	This  section  shall  not  apply  to  an  employee  on paid  standby  status  who  is called  to perform  assigned  work at  a  time  
other  than  the 	
employee’s  scheduled  reporting time. 	
6. LICENSES FOR DISABLED  WORKERS  	
(A) 	A license  may be issued by the Division authorizing employment of a person whose earning capacity is impaired  by 
physical  disability or  mental  deficiency  at  less  than  the minimum  wage.  Such licenses  shall be  granted  only upon  joint application  
of  employer  and  employee  and employee’s  representative if any.  	
(B) 	A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing  
special minimum 	
rates  to  enable  the employment  of  such  persons  without  requiring  individual  licenses  of  such  employees.	 	
(C)  	All such  licenses  and  special  licenses  shall be  renewed  on a yearly  basis  or  more  frequently  at  the  discretion  of  the  Division.  
(See  California Labor Code, Sections 1191 and 1191.5)  	
7. RECORDS  	
(A) 	Every  employer  shall  keep  accurate  information  with respect  to  each  employee  including  the  following:	 	
(1) 	Full  name,  home  address,  occupation  and social  security  number.	 	
(2) 	Birth  date,  if  under  18  years,  and  designation  as a  minor.  	
(3) 	Time  records  showing  when the employee  begins and  ends  each  work period.  Meal  periods,  split  shift  intervals  and  total  
daily hours  worked  shall also  be  recorded.  Meal  periods  during  which operations  cease  and authorized  rest periods  need  not be 
recorded.  	
(4) 	Total  wages  paid  each  payroll  period,  including  value  of  board,  lodging,  or  other  compensation  actually furnished 
to  the employee.  	
(5) 	Total  hours worked in the payroll period and applicable rates of pay.  This information shall be made readily 
available to  the employee upon reasonable request.	
 	
(6)  	 When  a piece  rate or incentive  plan is in operation,  piece  rates or  an  explanation  of the  incentive  plan formula  shall be 
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)

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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,  break - 
age,  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  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 ”	 mea ns	 an	 ad eq uat e,	 w ell - bal anc ed	 se rv in g	 of a va rie ty	 of whol esom e,	 nu tr it ious	 f o o ds.	 	
(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	 	
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

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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.  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.  	
(B) 	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.	
 	
(C)  	In all  places  of employment  where employees  are required  to eat on the  premises,  a suitable place  for  that  purpose  shall 
be designated.  	
(D) 	Notwithstanding  any  other  provision  of this  order,  employees  in  the  health  care  industry  who  work  shifts  in  excess  of  eight  (8)  total 
hours  in  a  workday  may  voluntarily  waive  their  right  to  one  of  their  two  meal  periods.  In  order  to  be  valid,  any  such  waiver  must  be 
documented in a written agreement that is voluntarily signed by  both the employee and the employer. The employee  may revoke the 
waiver  at any  time  by providing the  employer at least one (1)  day’s written notice. The employee shall be fully compensated  for all working 
time, including  any  on-the -job meal  period,  while  such  a  waiver  is  in  effect.  	
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  often  (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 (3½ )  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.	 	
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,

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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  p