California Industrial Welfare Commission (IWC) Wage Order #7 Mercantile Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 7-2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
MERCANTILE  INDUSTRY  	
Effective July 1, 2002  as amended  	
 	
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
Relations, effective January 1, 2024  pursuant to SB 3, Chapter 4, Statutes of 2016  and 
section 1182.13 of the Labor Code  	
 	
This Order  Must  Be Posted  Where  Employees  Can  Read  It  Easily  	
 	
Visit www.dir.ca.gov	 	
 
 
 
 
 
 
 
 
 	
 
 
 
 
IWC FORM 1107  (Rev.11/2023 ) 
OSP 06  98765

—	1 	 
 	
 	
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 mercantile 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, and 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	 	
 
 	  	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	  	  	 	 	 	 	 	 	 	 	
INDUSTRIAL   WELFARE  COMMISSION 
ORDER  NO.  7-2001  
REGUL ATING  
WAGES,  HOURS AND  WORKING  CONDITIONS  IN  THE  
MERCANTILE  INDUSTRY

—	2 	 
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)  W ho	 is p rim aril y	 engaged	  in   an	  o ccupa tion	   co mmonl y	 re cogni zed	  as  a lear ned	  or a rtistic	 pr ofe ssion.	 F or	 the 
pu rpo ses	
 of th is	 sub se ctio n,	 ”lea rned	 or a rtistic	 pro fe ssi	on”	 m eans	 an	 em plo yee	 w ho	 is pr im arily	 engaged	 in th e	 per fo rm an ce of :	 	
(i) 	Work  requiring  knowledge  of an  advanced  type in  a  field  or  science  or  learning  customarily  acquired  by a	 	
pro - longed course of specialized intellectual instruction and  study, as distinguished from a general academic education   and	 from 
an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is  an	
 	
essential part of or necessarily incident to any of the  above work; or  	
(ii)  	Work  that  is  original  and  creative  in character  in  a  recognized  field of artistic  endeavor  (as  opposed  to	 	
work which  can  be produced  by a  person  endowed  with general  manual  or  intellectual  ability  and training),  and  the result  of	 	
which  de-  pends  primarily  on  the  invention,  imagination,  or  talent  of  the  employee  or work  that  is  an  essential  part  of  or	 	
necessarily incident to any of the above work;  and  	
(iii) 	Whose  work is  predominantly  intellectual  and  varied  in character  (as  opposed  to routine  mental, manual,	 	
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot  be	 standardized 
in relation to a given period of  time.  	
(c) 	Who  customarily  and  regularly  exercises  discretion  and independent  judgment  in  the  performance  of duties	 	
set forth in subparagraphs (a) and  (b). 	
(d) 	Who  earns a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage  for full -time	 	
employment. Full -time employment as 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 midwive s 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

—	3 	 	
(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  or	 	
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 rnat iv e	 w ork week	 schedul	e” m eans	 any	 regul arly	 scheduled	 w ork week	 requ iring	 an	 e m plo yee	 to w ork	 m ore	 than 
e ight	
 (8)	 hou rs	 in a 2 4-hour	 p eriod.	 	
(B)  “C ommissi	on”	 m eans	 the	 In dustr ial	 Welf are	 Com mission	 of the	 State	 of Ca li f o rn ia.	 	
(C)  	“Div isi	on”	 m eans	 the	 Di vision	 of Labor	 Standards	 E nforc em ent	 of the	 State	 of Ca li f o rn ia.	 	
(D)  	“Emplo	y ” m eans	 to engag e,	 su ffe r,	 or per mit	 to work.	 	
(E)  	“Emplo ye e ”	 m eans	 any	 per son	 e m plo yed	 b y an	 e m plo ye r,	 and	 in cludes	 a ny	 les see	 who	 is charged	 r ent,	 o r who	 pays	 rent 
f or	
 a chai r,	 booth,	 or spa ce;	 a nd	 	
(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) 	“Em plo ye r	” m eans	 any	 pers on	 as defined	 in Se ction	 18	 o f the	 Labor	 Cod e,	 who	 d ir e ctly	 or ind ir e ctly ,	 or through	 an	 agent or	 	
a ny	 other	 p erson,	 e m plo ys	 or e xercises	 c ontrol	 o ver	 the	 w ages ,	 hours ,	 or w orking	 c o nd itions	 o f any	 person.	 	
(G)  	“Hours	 work	ed” m eans	 the	 tim e	 dur ing	 which	 an	 em plo ye e	 is sub je ct	 to the	 control	 o f an	 em plo ye r,	 and	 inc ludes	 all the 
ti m e	
 the	 em plo yee	 is s uf fer ed	 or per mitted	 to wo rk,	 whet her	 or not	 requ ir ed	 to do	 s o .	 	
(H)  	“M	ercant ile	 Indust ry ”	 m eans	 any	 indu str y ,	 b u sines s,	 or e sta blish ment	 oper ated	 for	 the	 pu rpo se	 of purchas ing,	 selli n g,	 or 
d ist ribut ing	
 goods	 or co mmo dities	 at whol esa le	 or r eta il;	 o r for	 the	 pur pose	 of rent ing	 goods	 or com mod iti e s.	 	
(I)  	“M	ino r”	 m ean s,	 for	 the	 pu rp o se	 of th is	 ord er,	 a ny	 person	 under	 the	 age	 of 18	 yea rs .	 	
(J)  	“O	utside	 sa le spers	on”	 m ea ns	 any	 person,	 18	 years	 of age	 or o ve r,	 who	 cu sto maril y	 an d	 regu la rly	 w ork s	 more	 than	 hal f	 th e 
w orking	
 ti m e	 aw ay	 fr om	 the	 e m plo ye r’s	 p la ce	 of b u sin ess	 se lling	 tang ib le	 or intang ib le	 ite ms	 or obtaini ng	 orders	 or cont ra cts	 for 
product s,	
 s e rv ices	 or use	 o f fa ciliti es .	 	
(K)  	“Primarily”  as  used  in Section  1,  Applicability,  means  more  than  one-half the  employee’s  work time.  	
(L) 	“Shift ” m eans	 de signated	 h ours	 of w ork	 b y an	 e m plo ye e,	 with	 a de signated	 beg inn ing	 ti m e	 and	 quitt ing	 t im e.	 	
(M)  	“Split	 sh if	t”  m eans	 a work	 s chedul e,	 which	 is inter rupted	 b y no n-pa id	 non -w orking	 pe riods	 e sta blished	 b y the	 e m plo ye r, 
other	
 than	 bona	 f ide	 rest	 or m eal	 pe rio ds.	 	
(N)  	“Tea ch i	ng” m ean s,	 for	 the	 p urpo se	 of Se ction	 1 of th is	 or de r,	 the	 p ro fe ssion	 o f tea ch ing	 under	 a c e rti ficate	 f r om	 the 
Com mission	
 for	 T ea cher	 Prepa rat ion	 and	 Licens ing	 or teach ing	 in an	 a cc red ited	 c o lle ge	 or un iv ersit y.	 	
(O)  	“Wag es	” in clude s	 all a m ounts	 for	 labor	 pe rfo rm ed	 by e m plo yees	 of e ve ry	 de script ion,	 whether	 the	 a m ount	 is f ix ed	 or 
a sce rta ined	
 b y the	 standard	 of tim e,	 ta sk,	 p iec e,	 co mmission	 ba sis ,	 or other	 m ethod	 of ca lc u lat ion.	 	
(P)  “W ork d a	y” and  “d a	y” m ean	 any	 cons ecut iv e	 24 -hour	 pe riod	 beg inn ing	 at the	 s a m e	 tim e	 ea ch	 c a lendar	 d ay.	 	
(Q)  	“Work w ee k	” and	 ”w ee k	” m ea n	 any	 se ven	 (7)	 con se cut iv e	 d ays,	 sta rting	 with	 the	 sa me	 ca lendar	 d ay	 ea ch	 w eek .	 ”W ork w ee k	” is 	
a fix ed	 and	 regula rly	 re cu rring	 pe riod	 of 168	 hou rs,	 se ven	 (7)	 c on se cut iv e	 24 -hour	 p e riods .	 	
3. HOURS AND DAYS  OF WORK  	
(A) 	 Daily Overtime  - General  Provisions  
(1)  The  following  overtime provisions  are  applicable  to employees  18  years  of  age  or over  and  to employees  16  or 17  years	
 	
of  age  who are  not  required  by law  to  attend  school and  are not  otherwise  prohibited  by law  from  engaging  in the  subject  work.

—	4 	 
Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless	 	
the  employee  receives one and  one-half (1	1/2) times  such employee’s  regular  rate of pay  for  all  hours worked  over 40 hours  in  the	 	
workweek. Eight (8) hours of labor constitutes a day’s  work. Employment beyond eight (8) hours in any workday or more than  six 
(6) days  in any workweek is permissible provided the employee is compensated for such overtime 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)  	 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 
(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
 (11/2) 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  
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	 v a lid,	 the	 pro posed	 a lte rnat iv e	 w ork week	 schedule	 m ust	 be	 adopted	 in a se cret	 bal lot	 ele ction,	 b efo re the	 	
pe rfo rm an ce	 of w ork ,	 by at leas t	 a tw o-th ir ds	 (2/ 3)	 vo te	 of the	 af fe cted	 e m plo yees	 in the	 w ork	 un it.	 T he	 ele ction	 sha ll	 be	 he ld du ring	 	
regu lar	 w orking	 hours	 at the	 emp lo yee s’	 w ork	 si te .	 F o r	 purpo ses	 of th is	 sub se ction,	 ―a ffe cted	 e m plo yees	 in t he	 w ork	 uni	t‖ m ay	 	
in clude	 a ll e m plo yees	 in a r ead ily	 identif ia ble	 w ork	 un it ,	 su ch	 as a d iv ision,	 a depa rtm ent,	 a job	 cla ss ifica tion,	 a sh if t,	 a sepa rate ph ysical	 	
lo ca tion,	 or a r e cog niz ed	 subdi vis ion	 o f any	 su ch	 w or	k un it.	 A w ork	 un it	 m ay	 con sist	 o f an	 indi vidu al	 e m plo yee	 as long	 a s the	 cr ite ria	 	
for	 an	 ident ifia ble	 w ork	 un it	 in th is	 sub se ction	 are	 m et.

—	5 	 	
(3) 	 Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall  have	 	
made  a disclosure  in  writing  to the  affected  employees,  including  the effects  of  the  proposed  arrangement  on  the  employees’  wages,	 	
hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the  specific 
purpose  of discussing  the  effects  of  the  alternative  workweek schedule.  An  employer  shall  provide  that disclosure  in  a  non- English	
 	
language, as well as in English, if at least five (5) percent of the affected employees primarily speak that non- English language.	 	
The employer  shall  mail  the written disclosure  to employees who do not  attend the  meeting. Failure  to comply  with this  paragraph	 	
shall make the election null and  void. 	
(4) 	 Any  election  to establish  or repeal  an  alternative  workweek schedule  shall be  held  at the  work  site  of  the  affected	 	
employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint  by an	 	
affected  employee,  and  after an  investigation  by the  labor  commissioner,  the  labor  commissioner  may  require  the employer  to	 	
select a neutral third party to conduct the  election. 	
(5) 	 Any  type  of  alternative  workweek  schedule  that is  authorized  by the  Labor  Code  may be  repealed  by the  affected	 	
employees.  Upon  a petition  of one- third (1/3)  of  the  affected  employees,  a  new  secret  ballot  election  shall be held  and a two -thirds	 	
(2/3)  vote  of the  affected  employees  shall  be  required  to reverse  the  alternative  workweek schedule.  The  election  to  repeal  the	 	
alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that  the	 	
election shall be held not less than 12 months after the date that the same group of employees voted in an election held to  adopt	 	
or repeal  an  alternative  workweek schedule.  The  election  shall  take  place  during  regular working  hours at  the  employees’  work	 	
site. If the  alternative  workweek schedule  is revoked,  the employer  shall  comply  within 60  days. Upon  proper showing  of undue	 	
hardship, the Division of Labor Standards Enforcement  may grant an extension of time for  compliance.  	
(6) 	 Only secret ballots  may be cast by  affected employees in the work unit at any election held pursuant to this  section.	 	
The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy,  Research	 	
and  Legislation  within 30 days  after  the  results  are  final,  and  the report  of  election  results  shall  be a public  document.  The	 	
report 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) 	 Provisions  of subsections  (A),  (B),  and  (C)  above  shall not  apply  to  any  employee  whose earnings  exceed  one and one- half	 	
(11/2) times the minimum wage if more than half of that  employee’s compensation represents  commissions.
 
(E) 	 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.)  	
(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) and (H), this section shall not apply to any employee covered by a valid  collective	 	
bargaining agreement if  the  agreement  expressly  provides for  the  wages,  hours  of  work,  and  working  conditions  of  the  employees,	 	
and  if the  agreement  provides  premium  wage  rates for  all  overtime  hours worked  and a  regular  hourly  rate  of pay  for  those	 	
employees of not less than 30 percent more than the state minimum  wage.  	
(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 the following  sections, regulating  hours 
of  drivers.  	
(L) 	 If an  employer  approves  a  written  request  of  an  employee  to make  up work  time  that is  or would  be lost  as  a  result  of  a	 	
personal  obligation  of the  employee,  the  hours  of  that  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

—	6 	 
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  workweek  pursuant  to
 	
this  subsection.  
4. MINIMUM  WAGES 	
(A) 	   Every employer shall pay to each employee wages not less than the following:  
(1) 	 All employers, regardless of the number of employees, shall pay to each employee:  
(a)      Sixteen dollars ($16) per hour for all hours worked, effective January 1, 2024, and 
(b)      Fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.  	
(2) 	 Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages 
not less than the following: 
(a)     Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021. 	
(3) 	 Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages not 
less than the following:  
(a)     Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021. 
Employees  treated  as employed  by a  single  qualified  taxpayer  pursuant  to  Revenue  and Taxation  Code  section  23626  are treated	
 	
as  employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations in  which	 	
they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to  the	 	
nearest nickel.  	
(B) 	 Every  employer  shall  pay  to  each  employee,  on  the  established  payday for  the  period  involved,  not  less  than  
the	
 applicable  minimum wage  for  all  hours  worked  in the  payroll  period,  whether  the  remuneration  is measured  by time,  
piece,
 commission, or  otherwise.  
(C) 	 When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the  minimum	 	
wage for that workday, except when the employee resides at the place of  employment. 	
(D) 	 The  provisions  of this  section  shall  not  apply  to  apprentices  regularly  indentured  under the  State  Division  of  Apprenticeship	 	
Standards.  
5. REPORTING TIME  PAY  	
(A) 	 Each workday an employee is required to report for work and does report, but is not put to work or is furnished less  than	 	
half said employee’s usual or scheduled day’s  work, the employee shall be paid for half the usual or scheduled day’s  work, but in	 	
no  event  for less  than  two (2)  hours  nor  more  than  four (4)  hours,  at  the  employee’s  regular  rate  of pay,  which  shall  not be  less	 	
than the minimum  wage.  	
(B) 	 If an employee is required to report for work a second time in any one workday and is furnished less than two (2)  hours	 	
of work on the second reporting, said employee shall be paid for two (2) hours at the  employee’s regular rate of  pay, which  shall	 	
not be less than the minimum  wage.  	
(C) 	 The foregoing reporting time pay provisions are not applicable  when: 
(1) 	Operations  cannot  commence  or continue  due to threats  to  employees  or  property;  or  when  recommended  by civil	 	
authorities;  or  	
(2)  	Public  utilities  fail  to  supply  electricity,  water,  or gas,  or  there  is a failure  in the  public  utilities,  or  sewer  system;  or  	
(3)  	The interruption of work is caused  by an Act of God or other cause not within the employer’s  control.  	
(D) 	 This  section  shall not  apply  to  an  employee  on paid  standby  status  who  is  called  to  perform  assigned  work at  a  time  other	 	
than the  employee’s  scheduled reporting time.  
6. LICENSES FOR DISABLED  WORKERS  	
(A) 	 A license may  be issued by the Division authorizing employment of a person whose earning capacity is impaired  by	 	
physical disability or mental deficiency at less than the minimum wage. Such licenses shall be granted  only  upon   joint	 application 
of employer and employee and employee’s representative if  any.  	
(B) 	 A special  license  may  be  issued  to a nonprofit  organization  such as  a  sheltered  workshop  or rehabilitation  facility fixing	 	
special minimum rates to enable the employment of such persons without requiring individual licenses of such  employees. 	
(C) 	 All  such  licenses  and  special  licenses  shall be  renewed  on a yearly  basis  or more  frequently  at  the  discretion  of the	 	
Division.   (See California Labor Code, Sections 1191 and  1191.5) 
7. RECORDS  	
(A) 	 Every employer shall keep accurate information with respect to each employee including the  following: 
(1) 	Full name, home address, occupation and social security  number.  	
(2) 	Birth date, if under 18 years, and designation as a  minor. 	
(3) 	Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals  and	 	
total  daily  hours  worked  shall also  be  recorded.  Meal  periods  during which operations  cease and authorized  rest periods  need not

—	7 	 
be recorded. 	
(4) 	Total  wages paid each payroll period, including value of board, lodging, or other compensation actually furnished  to	 	
the employee.  	
(5) 	Total  hours worked in the payroll period and applicable rates of  pay. This information shall be made readily  available 
to the  employee upon reasonable  request.	
 	
(6) 	When  a piece  rate or  incentive  plan is in operation,  piece  rates or  an explanation  of the  incentive  plan formula  shall be	 	
provided to employees. An accurate production record shall be maintained  by the  employer.  	
(B) 	 Every  employer  shall  semimonthly  or  at  the  time  of each  payment  of  wages  furnish  each employee,  either  as  a  detachable	 	
part of the check, draft, or voucher paying the employee’s  wages, or separately, an itemized statement in writing showing: (1)  all	 	
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the  employee’s	 	
social security  number;  and  (4) the  name  of the  employer,  provided  all deductions  made on  written  orders of the  employee  may be	 	
aggregated and shown as one  item. 	
(C) 	 All  required  records shall  be  in the  English  language  and in ink  or  other  indelible  form, properly  dated,  showing  month, day  
and  year,  and  shall  be  kept  on  file by  the  employer  for  at  least  three  years at  the  place  of employment  or  at  a  central  location  within	
 	
the State  of California.  An  employee’s  records shall  be available  for  inspection  by the  employee  upon reasonable  request. 	
(D) 	 Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as  practicable.  	
8. CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any deduction  from the  wage  or require  any reimbursement  from  an  employee  for any  cash  shortage,	 	
breakage,  or  loss  of  equipment,  unless  it  can  be  shown  that the  shortage,  breakage,  or  loss  is  caused  by a  dishonest  or  willful  act,	 	
or by  the gross negligence of the  employee. 
9. UNIFORMS AND  EQUIPMENT 	
(A)   W hen	 un if o rm s	 are	 requ ir ed	 b y the	 e m plo ye r	 to be	 w orn	 b y the	 e m plo yee	 as a cond it ion	 of e m plo ym ent,	 su ch	 uni fo rms 
sha ll	
 be	 p ro vided	 and	 m ainta ined	 b y the	 e m plo ye r.	 T he	 te rm	  ”un if o r	m” in cludes	 w ea ring	 appa rel	 and	 a cce sso ries	 of d is tin ctiv e 
de sign	
 or c o lor .	 
NOTE:  This  section  shall  not  apply  to  protective  apparel regulated  by the  Occupational  Safety  and  Health  Standards  Board.  	
(B) 	 When  tools or  equipment  are  required  by  the  employer  or  are  necessary  to  the  performance  of a  job,  such  tools  and	 	
equipment  shall  be  provided  and maintained  by the  employer,  except  that  an  employee  whose wages are  at  least  two  (2)	 	
times  the  minimum  wage  provided  herein may be  required  to provide  and maintain  hand tools and  equipment  customarily	 	
required  by the  trade  or craft.  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. All items furnished by the employer shall be returned	 	
by  the employee upon completion of the job.  
10. MEALS AND  LODGING 	
(A) 	 ”Meal ”	 means	 an	 adequat e,	 w ell-ba lan ced	 se rv ing	 of a va riety	 of who le so m e,	 nut ritio us	 foods .	 	
(B) 	 ”Lodgi	ng”	 means	 liv ing	 accom modations	 ava ila ble	 to the	 e m plo yee	 for	 f u ll-ti m e	 occupancy	 which	 are	 adequat e,	 de cent,	 and 
san ita ry	
 a ccording	 to u sual	 a nd	 cu sto mary	 s tandards .	 Emp lo yees	 s hal l	 not	 be	 requ ir ed	 to s hare	 a bed.	 	
(C)  	 Meals  or  lodging  may not  be  credited  against the  minimum  wage  without  a  voluntary  written  agreement  between  the	 	
employer and  the employee.  When  credit for  meals  or  lodging  is used  to meet  part  of  the  employer’s  minimum  wage  obligation,	 	
the amounts so credited may not be more than the  following: 	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or Fewer  Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All Employers regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary 	rental value, and in no 	event more than:  	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month

—	8 	 
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	 	
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)  Unles s	 the	 em plo yee	 is r e lie ved	 of a ll duty	 dur ing	 a 30	 min ute	 m eal	 pe riod,	 the	 m eal	 per iod	 sha ll	 be	 con sidered	 an	 ”on	 dut y”	 	
m eal	 per iod	 and	 counted	 as tim e	 work ed.	 An	 “on	dut y”	 meal	 pe riod	 shal l	 be	 perm itted	 onl y	 when	 the	 natur e	 of the	 work	 p re vents an	 	
e m plo yee	 fr om	 be ing	 r e lie ved	 of a ll duty	 and	 when	 b y w ritten	 a gre e m ent	 bet ween	 the	 pa rties	 an	 on- the-job	 pai d	 meal	 pe riod	 is 
a greed	
 to . T he	 w ritten	 ag re e m ent	 sha ll	 s tate	 that	 the	 e m plo yee	 m ay,	 in w riting,	 re vo ke	 the	 a gre e m ent	 at any	 tim e.	 	
(D)  	 If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order,  the	 	
employer shall  pay  the  employee  one (1) hour  of  pay  at  the  employee’s  regular  rate  of compensation  for each  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

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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, 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. 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

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For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html or  contact the State of California at the following department offices:  	 	California Labor  Commissioner's  Office , also  known  as,  Division  of  Labor  Standards  Enforcement  (DLSE)  	
 	
BAKERSFIELD  Labor	 Commissioner's	 Office/DLSE	 	REDDING Labor	 Commissioner's	 Office/DLSE	 	SAN JOSE  Labor Commissioner's	 Office/DLSE	 	7718 Meany	 Ave.	 	Bakersfield, CA   93308 
661 -587 -3060  	250 Hemsted Drive, 2nd 	Floor, Suite	 A 	Redding, CA   96002 530-225 -2655  	
224 Airport Parkway, Suite 300	 	San Jose, CA 95110  
408 -277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA  92243  
922 43	
  	760	-353	-0607	 	
 	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	 	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
2 MacArthur Place Suite 800 	 
Santa Ana, CA   9270 7 
714 -558 -4910  	
 FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw 	Ave., Suite 222	 	
 	SALINAS 
Labor  Commissioner's  Office/DLSE  
950	 E. Blanco	 Rd.,	 Suite	 204	 	
 	SANTA BARBARA  
Labor Commissioner's  Office/DLSE  
411 E. Canon 	Perdido, 	Room	 3 	Fresno, CA 	 93710	 	Salinas, CA	 93901	 	Santa Barbara, CA 	 93101	 	559	-244	-5340	 	831	-443	-3041	 	805	-568	-1222	 	
LONG	 BEACH	 	SAN	 BERNARDINO	 	 	
Labor Commissioner's Office/DLSE	 	1500 Hughes Way, Suite C -202  
Long Beach, CA 90810  
(562) 590- 5048 	Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor 	Commissioner's	 Office/DLSE	 	San Bernardino, CA 	 92401	 	50 ?D? Street, Suite	 360	 	909	-383	-4334	 	Santa Rosa, CA 	 95404	 	
 	 	707	-576	-2362	 	
LOS	 ANGELES	 	SAN	 DIEGO	 	 	Labor	 Commissioner's	 Office/DLSE	 	Labor	 Commissioner's	 Office/DLSE	 	STOCKTON	 	320	 W. Fourth	 St.,	 Suite	 450	 	7575 Metropolitan	 Dr., Room	 210	 	Labor Commissioner's	 Office/DLSE	 	Los Angeles,  CA	 90013	 	San Diego, CA 	 92108	 	                   	3021 Reynolds Ranch Parkway, Suite 160	 	213	-620	-6330	 	619	-220	-5451	 	Lodi, California 95240	 	
 	 	209	-948	-7771	 	
OAKLAND	 	SAN	 FRANCISCO	 	 	Labor	 Commissioner's	 Office/DLSE	 	1515	 Clay	 Street,	 Room	 801	 	Labor	 Commissioner's	 Office/DLSE	 	455 Golden Gate Ave. 10	th  Floor	 	VAN	 NUYS	 	Labor	 Commissioner's	 Office/DLSE	 	Oakland,  CA	 94612	 	San Francisco, CA 	 94102	 	6150 Van 	Nuys 	Boulevard, Room	 206	 	510	-622	-3273	 	415	-703	-5300	 	Van Nuys, CA 	 91401	 	
 	 	818	-901	-5315	 	
OAKLAND	 – HEADQUARTERS	 	 	 	Labor	 Commissioner's	 Office/DLSE	 	 	 	1515	 Clay	 Street,	 Room	 1302	 	 	 	Oakland, CA	 94612	 	 	 	510	-285	-2118	 	 	 	[email protected]	 	 	 	
 
 
 
 
 
 
 
 
 
 
 
 
EMPLOYERS: Do not send copies of your  alternative workweek	 	election ballots or election  procedures.  
Only the results of the  alternative workweek election	
 	shall be mailed  to: 
 	
 	Department of Industrial  Relations  
Office of Policy, Research and  Legislation 
P.O.  Box 420603  
San Francisco, CA  94142- 0603	
 	(415) 703- 4780  	
 Prevailing Wage Hotline (415)  703 -4774