California Industrial Welfare Commission (IWC) Wage Order #8 Industries Handling Products After Harvest Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 8-2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
INDUSTRIES   	HANDLING	 	
PRODUCTS AFTER  
HARVEST	
 	
Effective January 1, 2002 as  amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
Relations, effective January 1, 2024 , pursuant to SB 3, Chapter 4, Statutes of 2016  and 
section 1182.13 of the Labor  Code  	
 
 
 	
This Order Must Be Posted Where Employees Can Read It  Easily 	
 	
Visit  www.dir.ca.gov	 	
 
 
 
 
 
 
 	
IWC FORM 1108 (Rev.  11/2023 ) 
OSP 06  98766

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TAKE NOTICE:  To  employers  and  representatives  of  persons  working  in industries  and  occupations  in  the  State  of California:	 	
The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the  Industrial 
Welfare  Commission’s  Orders  as   a  result  of  legislation  enacted (SB 3,  Ch.  4,  Stats  of  2016,  amending  section 1182.12  of the	
 	
California  Labor Code),  and  pursuant  to  section  1182.13  of the  California  Labor Code.  The  amendments  and  republishing  
make no other changes to the IWC’s Orders.  
1. APPLICABILITY OF  ORDER 	
T his  order  shall  apply  to  all persons  employed in  the  industries  handling  products after  harvest  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  which  meet the  test  of  the  exemption.  The  activities  constituting  exempt  
work  and  non- exempt work shall be construed in the same manner as such terms are construed in the following  regulations 
under the  Fair Labor  Standards  Act  effective  as  of  the  date  of this  order:  29  C.F.R.  Sections  541.201- 205, 541.207- 208, 541.210,  
and  541.215.
 Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and closely  related  to  exempt  work  and  work  
which  is properly  viewed  as a means for carrying out exempt functions. The work actually performed by the employee during 
the course of the  workweek must, first and foremost, be examined and the amount of time the employee spends on such 
work, together with the  employer’s realistic expectations and the realistic requirements of the job, shall be considered in 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	  	  	 	 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O.  8-2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE

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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	 	
fol lowing  requirements:  	
(a) 	 Who  is licensed  or certified  by the  State  of California  and is primarily  engaged  in the  practice  of one  of the  following  	
recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or	 	
(b)  	 W ho	 is p rim aril y	 engaged	 in an	 o ccupation	 co mmon ly	 r e cogn iz ed	 as a lea rned	 or a rtistic	 pr ofe ssion.	 F or	 the 
pu r	
pos es of  thi s s u b se ction,  ”le arn ed  or  a rtis tic  pro fe ss io n ” m ea ns an  em plo yee  who  is  pri ma rily  enga ged  in   t he  p er fo rm ance  
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  
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  salar y 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  from  the  daily  overtime  pay  provisions  of  Labor  Code  Section  510,  if  all  of  the  following  apply:	
 	
(i) 	 The  employee  is  primarily  engaged  in work  that  is  intellectual  or  creative  and  requires  the  exercise  of  
discretion  and independent  judgment.	
 	
(ii)  	 The  employee  is primarily  engaged  in duties  that  consist  of  one  or more  of  the  following:	 	
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine  hardware,  software,  or  system  functional  specifications.	
 	
— The design, development, documentation, analysis, creation, testing, or modification of computer 
systems  or programs,  including  prototypes,  based  on and  related  to  user  or  system  design  specifications.	
 
—The  documentation,  testing,  creation,  or  modification  of computer  programs  related  to the  design  of software  
or	
 hardware  for computer  operating  systems. 	
(iii) 	 The  employee  is  highly  skilled  and  is  proficient  in  the  theoretical  and  practical  application  of highly  
specialized  information  to  computer  systems  analysis,  programming,  and  software  engineering.  A  job  title shall  not  be  
determinative  of  the  applicability of this  exemption.	
 	
(iv)  	 The employee’s hourly rate of pay is not less than  forty -one  dollars  ($41.00). The Office of Policy,  
Research  and  Legislation  shall  adjust  this  pay  rate  on  October  1  of  each  year to  be  effective  on  January  1  of  the  
following  year  by  an  amount  equal  to  the  percentage  increase in  the  California  Consumer  Price  Index  for  Urban  Wage 
Earners  and  Clerical  Workers.	
1 	
(i) 	 The  exemption  provided in subparagraph  (h) does  not  apply  to  an  employee  if any  of  the  following  apply: 	
 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research, Department of Industrial Relations, 
has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of 
pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at 
https://www.dir.ca.gov/oprl/ComputerSoftware.htm  or by mail from the Department of Industrial Relations.

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(i) 	 The employee is a trainee or employee in an entry-level position who is learning to become proficient in  the	 	
theoretical and practical application of highly specialized information to computer systems analysis, programming, and  software	 	
engineering. 	
(ii) 	 The  employee  is in  a  computer -related  occupation  but has  not  attained  the level  of  skill  and expertise  necessary	 	
to work  independently  and  without  close  supervision.  	
(iii) 	 The  employee  is  engaged  in  the  operation  of  computers  or  in  the  manufacture,  repair,  or  maintenance  of  
computer hardware and related  equipment.	
 
 	
(iv)  	The  employee  is an  engineer,  drafter,  machinist,  or  other  professional  whose  work is  highly  dependent  upon  or	 	
facilitated  by the  use  of computers  and  computer  software  programs  and  who is  skilled  in  computer -aided  design  software,  
including CAD/CAM,  but  who  is  not  in  a  computer  systems  analysis  or  programming  occupation. 	
(v) 	 The  employee  is a  writer  engaged  in writing  material,  including  box labels,  product  descriptions,  
documentation, promotional  material,  setup  and installation  instructions,  and  other  similar  written  information,  either  for  print  or  for  
on  screen  media	
 or who  writes  or  provides  content  material  intended  to be  read  by customers,  subscribers,  or  visitors  to 
computer -related  media such  as the  World  Wide  Web  or CD- ROMs.  
(vi) 	 The  employee  is engaged  in any  of  the  activities  set forth  in subparagraph  (h) for the  purpose  of creating 
imagery 	
for  effects  used in the  motion  picture,  television,  or  theatrical  industry.	 	
(B)  	 Except as provided in Sections 1, 2, 4,  10, and 20, the provisions of this order shall not apply to any employees  directly  
employed  by the  State  or any  political  subdivision  thereof, including  any city,  county,  or  special  district. 	
(C) 	 The  provisions  of this  order  shall  not  apply  to  outside  salespersons.  	
(D) 	 The  provisions  of  this  order  shall  not  apply  to  any  individual  who  is  the  parent,  spouse,  child,  or  legally  adopted  child  
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	 regu la rly	 scheduled	 w ork week	 requ iring	 an	 em plo yee	 to w ork	 m ore	 than 	
eight (8) hours in a 24- hour period.	 	
(B)  	”Co mmissi	on”	 means	 the	 In dustr ial	 Welf are	 Com mission	 of the	 State	 of Cal if o rn ia.	 	
(C)  	“Divis io	n ” m eans	 th e	 D ivis io n	 o f Labor	 S tanda rds	 Enfo rc e m ent	 of the	 S ta te	 o f Ca li fo rn ia .	 	
(D)  	“Em plo	y ” m eans	 to enga ge,	 su ffe r,	 or pe rm it	 to work.	 	
(E)  	“Em ploy ee ”	 m eans	 any	 pers on	 em plo yed	 b y an	 e m plo ye r.	 	
(F)  	“Em ploy er	” m eans	 any	 p erson	 as de fined	 in Se ction	 18	 o f the	 Labor	 Co de,	 who	 d ir e ctly	 or ind ir e ctly ,	 or through	 an	 a g ent	 or 
a ny	
 oth er	 pe rson,	 e m plo ys	 or e xercises	 control	 o ver	 the	 w age s,	 hou rs ,	 or w orking	 cond it ions	 of a ny	 person.	 	
(G)  	“Hours	 work	ed” m eans	 the	 tim e	 du ring	 which	 an	 e m plo yee	 is subj ect	 to the	 control	 of an	 e m plo ye r,	 and	 in cludes	 a ll the	 ti m e the	 	
em plo yee	 is su ffered	 or pe rm itted	 to work ,	 wheth er	 or not	 requ ir ed	 to do	 s o.	 	
(H)  	“Indust ries	 Hand ling	 P rodu cts	 A fter	 H arv e s	t” m eans	 any	 indus tr y ,	 b u sines s,	 or e sta blis hm ent	 ope ra ted	 for	 the	 pu rpo se	 of 
g radi ng,	
 so rting,	 c lean ing,	 d rying,	 cool ing,	 ic ing,	 pa cking,	 d ehyd rat ing,	 c ra cking,	 sh elling,	 cand ling,	 sep arat ing,	 slaugh te ring,	 p ic kin g, 
p lu cking,	
 sh uck ing,	 pa steu riz ing,	 fe rm ent ing,	 r ipeni ng,	 mold ing,	 or other wise	 prepar ing	 any	 a gricu ltu ra l,	 hor ticultu ra l,	 egg,	 pou lt r y , 
m eat,	
 se afood,	 r a bb it,	 or dai ry	 product	 for	 d ist ribut ion,	 and	 in clude s	 all the	 ope rat io ns	 inc idental	 theret o.	 	
(I)  	“M ino r”	 m ean s,	 for	 the	 p urpo se	 of th is	 ord er,	 a ny	 person	 u n der	 the	 age	 of 18	 yea rs .	 	
(J)  	“Outside	 sa le spers	on”	 m eans	 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	 ha lf	 t h e 	
w or king t im e  aw ay from the em plo yer ’s  pla ce of b usines s se llin g tan gib le or i ntangib le it em s or obt aining order s or contr acts  for 
produ cts , se rvi ce s or  u se  of  fa cilit ie s. 	
(K)  	“Primarily ” as  used  in Section  1,  Applicability,  means  more  than  one-half the  employee’s  work  time.	 	
(L)  	“Sh ift”	 m eans	 des ig na te d	 hou rs	 of wo rk	 b y	 a n	 em ploye e,	 w ith	 a d esig nat ed	 begi nning	 tim e	 and	 qu ittin g	 tim e.	 	
(M)  	“Split	 s h ift”	 m eans	 a work	 sch edul e,	 whic h	 is in te rr up te d	 by	 non -p aid	 no n-wo rking	 p erio ds	 esta blish ed	 by	 th e	 	
em ploye r,  oth er	 than	 bon a	 fid e	 re st	 o r m eal	 perio ds.	 	
(N)  	“Te ach in	g”  m ea ns,	 for	 t h e	 purp ose	 o f S ectio n	 1 of th is	 o rder ,	 th e	 pro fes sio n	 of te a ch in g	 und er	 a ce rti fica te	 fro m	 th e 
Co mmi ss ion	
 f o r	 Te ach er	 P repa ra tio n	 an d	 Lice nsin g	 o r te ach in g	 in a n	 acc redite d	 co llege	 or u ni ver sit y .	 	
(O)  	“Wages ”	 in clu d es	 all a m ount s	 for	 la bo r	 perfo rm ed	 by	 e m plo yees	 o f eve ry	 des crip tio n ,	 w he th er	 th e	 am ount	 is f ix e d	 	
or as ce rta ine d	 by	 the	 s ta nd ard	 o f tim e,	 ta sk,	 p iec e,	 co mmi ssio n	 bas is ,	 or o th er	 m ethod	 o f ca lc u la tio n .	 	
(P)  	“Workd a	y” and	 “day ” m ean	 any	 cons ecut iv e	 24- hour	 per iod	 beg inni ng	 at the	 same	 tim e	 each	 ca lendar	 d ay.	 	
(Q)  	“Work wee k	” and	 ”w ee k	” m ean	 any	 seven	 (7 )	 con se cut iv e	 d ays,	 sta rting	 with	 the	 sa me	 ca le ndar	 d ay	 ea ch	 w ee k.	 ”W ork we ek	” is 	
a f ix ed	 and	 regu la rly	 re cu rring	 pe riod	 of 168	 hou rs ,	 s even	 (7)	 con se cut iv e	 24 -h our	 pe riod s.	 	
3.  HOURS AND DAYS  OF WORK  	
(A) 	 Daily  Overtime  - General  Provisions  
(1) The  following  overtime provisions  are  applicable  to  employees  18  years  of  age  or  over  and  to  employees  16  or 17 
years  of  age  who  are not  required  by  law  to  attend  school and  are not  otherwise  prohibited by  law  from  engaging  in the 
subject  work.  Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in 
any workweek  unless  the  employee  receives one  and one- half (	
11/2)  times  such  employee’s  regular  rate  of  pay  for  all  hours  
worked  over  40  hours  in  the  workweek.  Eight  (8)  hours  of  labor  constitutes  a  day’s  work.  Employment  beyond  eight (8) hours  
in  any  workday  or  more than  six  (6)  days in any workweek is  permissible under the following  conditions:	
 	
(2)  	 MANDATORY  DAY  OFF  REQUIREMENT:  An  employee  may work  up  to  a  maximum  of  72  hours  in  any  workweek

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after which the employee shall have a 24- hour period off duty, except  that:	 	
(a)  	 In the grape and tree fruit industry the following  key personnel: receivers, loaders, fork lift operators, shipping 
clerks,  and maintenance  workers, may  be  exempt  from the  mandatory  day  off  requirement;  and 	
(b)  	 In  the  cotton  ginning  industry  and  in the  tree  nut hulling  and  shelling  industry,  all  employees  shall  have  the voluntary	 	
right  to  be  exempt  from the  mandatory  day  off  provision  in this  order.  Any employee  desiring to exempt  himself/herself  from  the	 	
mandatory  day  off  provision  may exercise  that  exemption  by notifying  the employee’s  employer  in  writing.  Any  employee  who  
wishes to  withdraw that  exemption  may do  so by  notifying  the employer  in  writing  at least  five  (5)  days  in  advance  of the 
desired  day off.  
(This  notice  provision  is not  intended  to be  applicable  to instances  of  illness  or emergencies);  and 	
(c)  	 In the exercise of any exemption from the mandatory  day off provided above or by  action of the state labor 
commissioner,  (administrative  exemptions from the  mandatory  day  off are  permitted  by Labor  Code  Section  1198.3 under  certain	
 	
conditions)  no employer shall discriminate against any employee who desires to take 24 hours off after 72 hours worked in  a 
workweek;  and 	
(d)  	 All  employers  who  permit  any  employees  to  work  more  than  72 hours  in  a  workweek  must  give  each  employee  a	 	
copy of  the  applicable  provision for exemption,  including  subparagraph  (c) above  in English  and  in Spanish,  and  post  it  at  all  
times  in  a  prominently  visible  place;  and  	
(3) 	 Overtime hours shall be  compensated at:	 	
(a)  	 One  and  one- half (1	1/2)
 times  the employee’s  regular  rate of pay  for all hours  worked in  excess  of  eight  (8) hours  
up to and including 12 hours in any  workday, and for the first eight (8) hours worked on the  seventh (7th
) 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  (7th
) consecutive  day  of  work  in  a  workweek.  	
(c) 	 The overtime rate of compensation required to be paid to a nonexempt full -time salaried employee shall be  
computed by using  the  employee’s  regular  hourly  salary  as  one- fortieth  (1/40) of  the  employee’s  weekly  salary.  	
(B) 	 Alternative Workweek  Schedules	 	
(1)  	 No  employer  shall  be deemed  to have  violated  the daily  overtime  provisions  by  instituting,  pursuant  to  the 
election procedures set forth in this wage  order, a regularly scheduled  alternative workweek schedule of not more than ten (10) 
hours  per
 day  within a 40 hour workweek without the payment of an overtime rate  of compensation. All  work  performed  in  any   
workday beyond  the schedule  established  by the  agreement  up  to 12 hours  a  day  or  beyond  40 hours  per  week  shall  be paid  at  
one  and
 one- half ( 1	1/2)
 times  the  employee’s  regular  rate  of pay.  All  work  performed  in excess  of  12  hours  per  day  and  any work  
in  excess  of eight (8) hours on those  days worked beyond the regularly scheduled number of workdays established  by the 
alternative	
 workweek  agreement  shall  be  paid  at double  the employee’s  regular  rate  of pay.  Any  alternative  workweek 
agreement  adopted pursuant  to  this  section  shall provide  for not  less  than  four (4)  hours  of  work  in  any  shift.  Nothing  in this  
section  shall prohibit  an employer,  at the  request  of the  employee,  to  substitute  one  day  of  work  for  another  day  of  the  same  
length  in the  shift  provided  by the  alternative  workweek  agreement  on  an occasional  basis  to  meet  the  personal  needs  of  
the  employee  without the  payment  of  overtime. No hours pai d  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  w rit ten  request  on  or before  May 30,  2000  to continue  the  agreement,  
the  employee  may continue  to work  that  alternative  workweek  schedule  without  payment  of  an  overtime  rate  of 
compensation  for the  hours  provided  in  the  agreement.  The  employee  may  revoke  his/her  voluntary  authorization  to

—	5 	 
continue such  a  schedule  with  30  days  written  notice  to the  employer.  New  arrangements  can  only be  entered  into  pursuant  
to  the  provisions  of  this  section.	
 	
(C)  	 Election  Procedures  	
Election procedures  for  the  adoption  and  repeal  of  alternative  workweek  schedules  require  the  following:	 
(1) Each proposal for  an alternative workweek schedule shall be in the form of a written agreement proposed by  the 
employer.  The proposed  agreement must  designate  a  regularly  scheduled  alternative  workweek in  which  the  specified  
number  of  work  days  and  work  hours  are  regularly  recurring.  The  actual  days  worked  within  that alternative  workweek schedule  
need  not be  specified.  The	
 employer  may  propose  a single  work  schedule  that would  become  the standard  schedule  for workers  
in  the  work  unit,  or  a  menu  of
 work schedule  options, from  which  each  employee  in the  unit  would  be  entitled  to choose.  If  the  
employer  proposes  a  menu  of work schedule  options, the  employee  may, with  the  approval  of  the  employer,  move from  one 
menu  option  to another.  	
(2) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election,  before  
the 	
performance of work, by  at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be  
held 
du ring	 regu lar	 w orking	 hours	 at the	 e m plo yee s’	 w ork	 si te .	 F or	 pu rpos es	 of this	 su bse ction,	 “a	ffe cted	 e m plo yees	 in the	 w ork	 	
un i	t”  m ay in clu de  all  e m plo ye es in  a  re adily  id ent if ia ble  w ork  unit,  s u ch  a s a  d iv is ion,  a  depa rtm ent,  a  job  cla ssif ic at ion,  a  s hift,  
a  s e par ate 	
physical	 lo cat ion,	 or a r e cogn iz ed	 subd iv ision	 of a ny	 su ch	 w ork	 un it.	 A w ork	 un it	 m ay	 co nsist	 o f an	 ind iv idual	 e m plo yee	 	
as long	 as 	P rio r  to  the  se cret  b al lo t  vo te , any e m plo yer  who  p ro p ose d to  in st itute  an alt ern at iv e  w ork w eek schedu le sha ll h ave 
m ade  a d is
c lo su re  in  w rit ing  to  the  affe cted  em plo yees , in cluding  the effe cts  of  the  propo sed  arrang em ent  o n  th e e m plo yees ’ 
w ages , 	
hours,	 and	 bene fit s.	 Su ch	 a d is clo sure	 sha ll	 inc lude	 meet ing(s ),	 du ly	 not iced,	 he ld	 at lea st	 14	 d ays	 p rior	 to v ot ing,	 f or	 the	 	
spe cific 	pur pose   of di sc u ssing   the   effe cts   of   the   alte rn ative   wor kw eek   schedu le .  A n   em plo yer   shall   prov id e   that   dis c lo su re   in   
a   n on -En glis h 	
langua ge,	 as w ell	 as in Eng lis h,	 if at lea st	 fiv e	 (5)	 percent	 of the	 af fe cted	 e m plo yees	 p rim aril y	 speak	 that	 non -Eng lish	 	
languag e.	 T he 	em plo yer  s hal l  m ail   the   w ritt en   di sc lo sure   t o   	em plo yees   w ho   do   not  a ttend   t he   m eet ing.  F ai lure   to   co m ply  w ith  
this   para graph  sh all 	
m ake	 the	 e le ction	 nu ll	 and	 vo id.	 	
(3)  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 compla int 
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.	
 	
(4) 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.	
 	
(5)  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.	 	
(6) 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.	
 	
(7) Employers  shall  not intimidate  or coerce  employees  to  vote  either  in  support  of  or  in  opposition  to a proposed	 	
alternative  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  paragraph  shall prohibit  an	 	
employer  from  expressing  his/her position  concerning  that alternative  workweek to  the  affected  employees.  A  violation  of this	 	
paragraph  shall be  subject  to  Labor  Code  Section  98 et seq.	 	
(D)  	One  and  one-half  ( 1	1/2)
 times  a  minor’s  regular  rate  of  pay  shall  be  paid  for all  work  over  40  hours  in  any  workweek  except	 	
minors 16 or 17 years old who are not required  by law to attend school and  may therefore be employed for the same hours as  an	 	
adult  are  subject  to  subsection  (A) or (B)  and  (C) above.  
( VIOLATIONS  OF  CHILD  LABOR  LAWS are  subject  to  civil  penalties  of  from  $500  to $10,000  as well  as  to  criminal  
penalties.  Refer  to  California  Labor  Code  Sections  1285  to 1312  and 1390  to 1399  for additional  restrictions  on  the  
employment  of	
 minors  and  for descriptions  of  criminal  and civil  penalties  for  violation  of  the  child  labor  laws.  Employers  
should  ask school districts about any required  work permits.) 	
(E) 	 An  employee  may  be  employed  on seven  (7)  workdays  in  one  workweek  when  the total  hours  of  employment  during 
such  workweek  do  not  exceed  30 and  the total  hours  of  employment  in  any  one  workday  thereof  do  not  exceed  six (6).	
 	
(F) 	 If  during  any  workday  an  employer  declares  a  work  recess  of  one- half (1/2)  hour  or  more,  other  than  a meal  period,  
and  the employer  notifies  the  employees  of  the  time  to  report  back  for  work  and  permits  them  to  leave  the  premises,  such  
recess  need  not be  treated  as  hours  worked  provided  that  there  shall  not  be  more  than  two  (2)  such  recess  periods  within  one 
shift  and  the total  duration  does not exceed two(2)  hours.	
 Work	 stoppages  of  less than one- half(1/2) hour  may not   be 
deducted from hours worked.	
 	
(G)  	 If a  meal  period  occurs on  a shift  beginning  or ending  at or  between  the hours  of  10  p.m.  and 6 a.m.,  facilities  shall be	 	
available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in w hich to	 	
consume  such food  or drink.  	
(H) 	 The provisions of Labor Code 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)

—	6 	 
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 subsection (A)(1) and subsections (D) and (H), this section shall not apply to any  employee 
covered  by a  valid  collective  bargaining  agreement  if  the  agreement  expressly  provides for  the  wages,  hours  of  work,  and 
working  conditions  of  the  employees,  and  if the  agreement  provides  premium  wage  rates  for  all  overtime  hours  worked  and  
a  regular  hourly  rate  of  pay  for	
 those	 employees  of  not  less	 than  30 percent  more	 than  the state  minimum  wage.	 	
(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,  of 	 	Hours . 	
(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  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

—	7 	 
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)  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  u nif o rm s are  re quir ed  b y the  em plo yer  to  be  w orn  b y the  em plo yee  as a  c o ndi tion  of e m plo ym ent,  s u ch  u nif o rm s s h all 	
be pr ovided	 a nd	 m ain ta in e d	 by	 th e	 em plo ye r.	 T he	 te rm	 ”uni fo r	m” in clu d es	 w earin g	 app arel	 and	 acc e ssor ies	 o f dis ti n ctiv e	 	
d esig n	 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) 	 ”Mea	l” m eans	 an	 adequate,	 we ll- b ala nce d	 se rv in g	 of a va riet y	 of whol esom e,	 nu tr it io us	 foods.	 	
(B)  	 ”Lod gin	g”  m ea ns	 liv in g	 acco mmodati ons	 ava ila ble	 t o th e	 e m ploye e	 for	 f u ll- tim e	 occ upa ncy	 w hich	 a re	 adequa te,	 	
d e cent ,	 an d s anita ry	 a cco rd in g	 to u sual	 and	 c u sto ma ry	 s tand ards.	 Em plo ye es	 shall	 not	 be	 requ ir e d	 to s h a re	 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

—	8 	 
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  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) 	 Un le ss  th e e m plo yee  is  rel ie ved  of all  duty  duri ng  a  3 0  m in ute  meal  peri od,  th e m eal  p eriod  shal l  b e  c o nsid ered  an 	”on  
dut y”	
 m eal	 per iod	 and	 counted	 as tim e	 work ed.	 An	 “o	n dut y”	 meal	 pe riod	 sha ll	 be	 per mitted	 on ly	 when	 the	 natur e	 of the	 work	 	
p re vents 	an   e m plo yee fr om b eing rel ie ved of al l duty and  when  by  written ag reem ent between t he p arti e s an o n-the -job  paid  meal 
per iod   is 
agreed	 to . T he	 w ritten	 a gre e m ent	 sha ll	 state	 that	 the	 e m plo yee	 m ay,	 in w riting,	 re vo ke	 the	 a gree ment	 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.

—	9 	 
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,  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.

—	10	 	 
 	
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

—	11	 	 	
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  
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