California Industrial Welfare Commission (IWC) Wage Order #9 Transportation Industry Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 9-2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
TRANSPORTATION  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 1109 (Rev.  11/2023 ) 
OSP 06  98767

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TAKE NOTICE:  To  employers  and  representatives  of  persons  working  in industries  and  occupations  in  the  State  of 
California:	
 The  Department  of  Industrial  Relations  amends  and  republishes  the  minimum  wage  and  meals  and  lodging  credits 
in  the  Industrial  Welfare  Commission ’s Orders  as   a  result  of legislation  enacted  (SB  3,  Ch.  4, Stats  of  2016,  amending  section 
1182.12  of the California  Labor Code ), and  pursuant  to  section  1182.13  of the  California  Labor Code.  The  amendments  and  
republishing  make no	
 other changes to the IWC ’s Orders.  	
1. APPLICABILITY OF  ORDER 	
This  order  shall  apply  to  all  persons  employed  in the  transportation  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  employer  or  his/her  employer’s  customers;  or	
 	
(ii)  	The  performance  of functions  in  the  administration  of   a  school  system,  or educational  establishment  or  
institution,  or  of  a  department  or  subdivision  thereof,  in  work  directly  related  to  the  academic  instruction  or  training  carried  on 
therein;  and	
 
(b)  Who  customarily  and  regularly  exercises  discretion  and independent  judgment;  and	 	
(c)  Who  regularly  and  directly  assists   a proprietor,  or  an  employee  employed in   a  bona  fide executive  or  
administrative  capacity  (as  such  terms  are  defined  for purposes  of  this  section);  or	
 	
(d) Who performs under only general supervision work along specialized or technical lines requiring special  
training,  experience,  or  knowledge;  or	
 	
(e)  Who  executes  under  only  general  supervision  special  assignments  and  tasks;  and	 	
(f)  Who  is  primarily  engaged  in  duties  that  meet  the  test  of  the  exemption.  The  activities  constituting  exempt  work  
and  non- exempt  work  shall  be  construed  in the  same  manner  as  such  terms  are  construed  in the  following  regulations  under  the 
Fair  Labor  Standards Act effective as of the date of this order: 29 C.F.R.  Sections 541.201-205, 541.207-208, 541.210, and 
541.215.  Exempt  work  shall  include,  for  example,  all  work  that  is  directly  and closely  related to  exempt  work  and  work  which 
is  properly  viewed  as   a  means  for  carrying  out exempt  functions.  The  work  actually  performed  by the  employee  during the 
course  of the  workweek  must,  first and foremost,  be  examined  and the amount  of  time  the  employee  spends on  such  work,  	
 	 	
 	 	 	 	 	 	
 	 	 	  	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	  	  	 	 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O.  9-2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
TRANSPORTA TION INDUSTRY

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together with  the  employer’s  realistic  expectations  and  the realistic  requirements  of  the  job,  shall  be  considered  in  determining  
whether  the  employee  satisfies this  requirement.	
 	
(g)  Such  employee  must also earn  a monthly  salary  equivalent  to  no  less  than  two (2)  times  the state  minimum  
wage  for full -time  employment.  Full -time  employment  is  defined  in  Labor  Code  Section  515(c)  as  40  hours  per  week	
 	
(3)  Professional  Exemption . A  person  employed  in a  professional  capacity  means  any  employee  who meets  all  of  the  	
following  requirements:	 	
(a)  Who  is licensed  or certified  by  the  State  of  California  and  is primarily  engaged  in  the  practice  of  one  of the  
following  recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or	
 	
(b)  Who	 is p rim arily	 enga ged	 in a n	 oc cupat io n	 co mmon ly	 re co g niz e d	 as	 a le arn ed	 or artis tic	 p ro fe ssio n.	 For	 th e	 	
purp oses  of	 th is	 su b se ction,	 “l e arne d	 or artis tic	 p ro fe ss io	n ” m ea ns	 an	 em ploye e	 w ho	 is p rim arily	 enga ged	 in t h e	 perfo rm ance	 	
o f:	 
(i) 	
Work requiring  knowledge  of an  advanced  type in  a  field  or  science  or  learning  customarily  acquired  by a  
prolonged  course of specialized  intellectual  instruction  and  study,  as  distinguished  from a  general  academic  education  and  
from  an  apprentice-  ship, and from training in the performance of routine mental, manual, or physical processes, or work that 
is an essential  part of or  necessarily  incident  to  any  of  the  above  work; or	
 	
(ii)  	Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to  
work  which  can  be produced  by  a  person  endowed  with general  manual  or  intellectual  ability  and  training),  and  the  result  of  
which  depends  primarily  on  the  invention,  imagination,  or  talent  of  the  employee  or  work  that  is  an  essential  part  of  or  
necessarily  incident  to  any  of  the above work;  and	
 	
(iii)  	Whose  work  is  predominantly  intellectual  and  varied  in  character  (as  opposed  to  routine  mental, 
manual,  mechanical, or physical work) and  is of such character that the output produced or the result accomplished cannot  
be  standardized  in relation  to  a  given  period  of time.	
 	
(c)  Who  customarily  and  regularly  exercises  discretion  and  independent  judgment  in  the  performance  of duties  set  
forth  in  subparagraphs  (a)  and  (b).	
 	
(d)  Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for  full -time  
employment.  Full -time  employment  is  defined  in Labor  Code  Section  515 (c) as  40  hours  per  week.	
 	
(e)  Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal 
law  as  they  existed  as  of  the  date  of  this  wage  order: 29  C.F.R.  Sections  541.207,  541.301(a) -(d),  541.302,  541.306,  541.307,  
541.308,  and  541.310.	
 	
(f)  Notwithstanding  the provisions  of  this  subparagraph,  pharmacists  employed  to engage  in the  practice  of  
pharmacy,  and  registered  nurses  employed  to engage  in the  practice  of  nursing,  shall  not  be  considered  exempt  professional  
employees,  nor  shall  they  be  considered  exempt from  coverage  for  the  purposes  of  this  subparagraph  unless they  individually  
meet  the  criteria  established  for  exemption  as  executive  or  administrative  employees.	
 
(g)  	
 Subparagraph  (f) above  shall not  apply  to  the  following  advanced  practice  nurses:	 	
(i) 	Certified  nurse  midwives  who  are  primarily  engaged  in  performing  duties  for  which  certification  is  
required  pursuant  to  Article  2.5  (commencing  with Section  2746)  of  Chapter  6  of  Division  2  of  the  Business  and  Professions  
Code.	
 	
(ii)  	Certified nurse anesthetists who are primarily engaged in performing duties for which certification is  
required  pursuant  to  Article  7  (commencing  with Section  2825)  of  Chapter  6  of  Division  2  of  the  Business  and  Professions  
Code.	
 	
(iii)  	Certified  nurse  practitioners  who  are  primarily  engaged  in performing  duties  for  which  certification  is  
required  pursuant  to  Article  8  (commencing  with Section  2834)  of  Chapter  6  of  Division  2  of  the  Business  and  Professions  
Code.	
 	
(iv)  	Nothing  in  this  subparagraph  shall  exempt  the  occupations  set  forth  in  clauses  (i),  (ii),  and  (iii) from  meeting  
the  requirements  of  subsection  1(A)(3)(a) -(d)  above.	
 	
(h)  	Except,  as  provided  in  subparagraph  (i), an  employee  in the  computer  software  field who is paid  on an hourly  
basis  shall  be  exempt,  if  all  of  the  following  apply:	
 	
(i) 	The  employee  is  primarily  engaged  in work  that  is  intellectual  or  creative  and  that  requires  the  exercise  
of  discretion  and  independent  judgment.	
 	
(ii)  	The  employee  is primarily  engaged  in duties  that  consist  of  one  or more  of  the  following:	 	
—The application of systems analysis techniques and procedures, including consulting with users, to 
determine  hardware,  software,  or  system  functional  specifications.	
 	
— The design, development,  documentation, analysis, creation, testing, or modification of computer 
systems  or programs,  including  prototypes,  based  on and  related  to  user  or  system  design  specifications.	
 	
— The  documentation,  testing,  creation,  or  modification  of computer  programs  related  to  the  design  of  
software  or hardware  for  computer  operating  systems.	
 	
(iii)  	The  employee  is highly  skilled  and  is  proficient  in  the  theoretical  and  practical  application  of highly  
specialized  information  to computer  systems  analysis, programming,  and  software  engineering.  A  job  title  shall  not  be  
determinative  of  the  applicability of this  exemption.	
 	
(iv)  	The  employee’s  hourly  rate  of pay  is  not  less  than  forty-one  dollars  ($41.00).  The  Office  of  Policy,  Research  
and  Legislation  shall adjust  this  pay  rate  on  October  1  of  each  year to  be  effective  on  January  1  of  the  following  year  by  
an  amount  equal  to  the  percentage  increase in  the  California  Consumer  Price  Index  for  Urban  Wage Earners  and  Clerical

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Workers.	1 	
(i) 	The exemption  provided in  subparagraph  (h) does  not  apply  to  an  employee  if  any  of  the  following  apply:	 	
(i) 	The  employee  is a  trainee  or employee  in  an  entry -level  position  who  is learning  to  become  proficient  in  
the  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, and  with regard  to  commercial  drivers,  Sections  11 and  12,  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. The application of Sections 11 and 12 for commercial drivers employed by 
governmental entities  shall  become  effective July  1,  2004  or  following  the  expiration  date of any  valid  collective  bargaining 
agreement  applicable  to  such  commercial  drivers  then  in effect  but, in  any  event,  no  later  than  August  1,  2005.  
Notwithstanding  Section  21,  the  application  of  Sections  11 or 12  to public  transit  bus drivers  shall  be  null  and  void  in the 
event  the  IWC  or  any  court  of  competent  jurisdiction  invalidates  the  collective  bargaining  exemption  established  by Sections  
11  or 12  for those  drivers.	
 	
(C) 	 The  provisions  of  this  order  shall  not  apply  to  outside  salespersons.	 	
(D)  	 The  provisions  of  this  order  shall  not  apply  to  any  individual  who  is the  parent,  spouse,  child,  or  legally  adopted  child  
of  the  employer.	
 	
(E)  	 Except  as  provided  in  Sections  4,  10,  11,  12,  and  20  through  22, this  order  shall  not  be  deemed  to cover  those 
employees  who  have entered  into a  collective  bargaining  agreement  under  and  in accordance  with the  provisions  of  the  
Railway  Labor  Act,  45  U.S.C.  Sections  151  et seq.	
 	
(F)  	 The  provisions  of  this  Order  shall  not  apply  to  any  individual  participating  in a  national  service  program,  such  as  
AmeriCorps,  carried  out using  assistance  provided  under  Section  12571  of Title  42  of  the  United  States Code.  (See  
Stats.  2000,  ch.  365,  amending Labor Code §  1171.)	
 	
2.  DEFINITIONS  	
(A) 	An	 “a	lt e rn a tiv e	 wo rkweek	 sc h edul	e ” m ea ns	 any	 regula rly	 sc hed ule d	 wo rkweek	 req uirin g	 an	 e m plo ye e	 to wo rk	 m or e	 	
than ei ght	 (8)	 hours	 in a 2 4-h o ur	 period.	 	
(B)  	“Commi ss io n ”	 m eans	 the	 Ind ustr ia l	 W elfa re	 C om mi ssio n	 of th e	 S ta te	 o f C ali fo rn ia .	 	
(C)  	“Comme rc ial	 d riv er ”	 means	 an	 e m ploye e	 wh o	 opera te s	 a ve hi cle	 d escrib ed	 in s u bd iv is io n	 (b)	 of S ecti o n	 15210	 o f th e	 	
V ehi cle  Cod e.	 	
(D)  	“Divis io	n ” m eans	 th e	 D ivis io n	 o f Labor	 S tand ard s	 E nfor ce m ent	 of the	 S ta te	 o f C ali fo rn ia .	 	
(E)  	“Emplo	y” m ea ns	 to e ngag e,	 suf fe r,	 or p erm it	 to wo rk.	 	
(F)  	“Employe e ”	 m ea ns	 any	 p ers o n	 em ploye d	 by	 a n	 e m ploye r.	 	
(G)  	“Employer ”	 mea ns	 any	 p er so n	 as	 def in ed	 in S ecti o n	 18	 of th e	 Labor	 Code ,	 who	 dir e ctly	 or in dir e ctly ,	 or th ro ug h	 an	 	
agent	 or  any	 o th er	 pers o n,	 e m ploys	 or exe rc is e s	 co n tr o l	 over	 the	 w ages,	 h ou rs ,	 or wo rk in g	 condit io ns	 of any	 p ers o n .	 	
(H)  	“Hours	 w ork e d ”	 m ea ns	 th e	 tim e	 during	 wh ic h	 a n	 em ploye e	 is s u bje ct	 to th e	 cont rol	 of a n	 em ploye r,	 a n d	 in clu d es	 all th e	 	
tim e the	 e m plo ye e	 is s u ffe red	 o r permit te d	 to wo rk,	 whet he r	 or n ot	 re qu ire d	 to d o	 so.	 	
(I)  	“M in or ”	 mea ns,	 fo r	 th e	 p urp ose	 o f th is	 order ,	 any	 p er so n	 under	 the	 ag e	 of 18	 ye a rs .	 	
(J)  	“Outs id e	 sa le sp er so	n ” m eans	 any	 p e rs o n,	 18	 ye ars	 of ag e	 or ove r,	 wh o	 cu sto ma rily	 and	 re gu la rly	 wo rks	 m ore	 than	 	
h alf	 t h e  work in g	 tim e	 aw ay	 fro m	 th e	 em ploye r’s	 p la ce	 o f bu sin e ss	 se lling	 t ang ib le	 o r in tangi ble	 it e m s	 or ob ta ini ng	 ord ers	 or 	
cont racts	 for  pro du cts ,	 s e rv ic es	 or u se	 o f fa ci litie s.	 	
(K)  	“Primarily ” as  used  in Section  1,  Applicability,  means  more  than  one-half the  employee’s  work  time.	 	
(L)  	“Public	 T rans it	 B us	 D riv er ”	 mean s	 a co mme rc ial	 d riv e r	 wh o	 oper ate s	 a tr a ns it	 b u s	 and	 is e m plo ye d	 by	 a g ove rn m ent al	 	
en	tity.  
(M)  	“Shift”	 m eans	 desig na te d	 hours	 of wo rk	 b y	 a n	 e m ploye e,	 w ith	 a desig nat ed	 begi nn ing	 ti m e	 and	 quitti ng	 tim e.	 	
(N)  	“Split	 s h ift”	 m eans	 a wo rk	 s ched ule ,	 w hic h	 is in te rr u p te d	 by	 n on -pai d	 non -w ork in g	 per io d s	 esta blish ed	 by	 th e	 em plo ye r,	 	
o th e r than  bona  fide rest  or meal  periods.	 	
(O)  	“Teach in	g ”  m ean s,	 for	 t h e	 purp ose	 o f S ecti o n	 1 of th is	 o rd er,	 th e	 pro fe ssio n	 of te a ch in g	 u nd er	 a ce rtif ica te	 f r o m	 th e 	
 	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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1 	
Commis sio n	 for	 T e ach er	 P repa ratio n	 an d	 Lic e n sin g	 or te ach in g	 in a n	 ac credi te d	 co llege	 or u ni ver sit y .	 	
(P)  	“Tra nsp orta tio n	 In du str	y ” m eans	 any	 indu str y ,	 b u sin ess,	 or e sta blis h m ent	 ope ra te d	 for	 t h e	 purp o se	 o f co nve ying	 	
p er so ns	 or pro pe rty	 fro m	 one	 pla ce	 to anot her	 whet he r	 by	 ra il,	 h ig h w ay,	 a ir ,	 or w ate r,	 a n d	 all oper atio ns	 and	 se rvi ce s	 in 	
c onne ctio n	 th e re w it h ;	 and  also	 in clu d es	 sto ring	 or w ar ehous in g	 of goods	 or prop erty ,	 an d	 the	 rep airin g,	 park in g ,	 rent al,	 	
m ain te nanc e,	 or clean in g	 of vehic le s.	 	
(Q)  	“Wages ”	  in cludes	   a ll   a m ount s	  for	   la bo r	  p e rfo rm ed	  b y	  e m plo ye es	  o f  e ve ry	  d e scripti on ,	  whet her	  th e	  a m ount	  is  	
f ix e d	  or as ce rta ined	 b y	 th e	 stand ard	 of tim e,	 ta sk,	 pie ce ,	 co mmi ssio n	 basis ,	 or o th er	 m ethod	 o f ca lc u la tion.	 	
(R)  	“Work d a	y” an d “d a	y” m ean	 any	 cons ecu tiv e	 2 4 -h o ur	 perio d	 beg in nin g	 at the	 s a m e	 tim e	 each	 ca le nd ar	 day.	 	
(S)  	“Workw eek”	 and	 “w	e ek ”	 mean	 any	 seve n	 (7 )	 co nse cu tiv e	 d ays,	 s ta rtin g	 w ith	 th e	 sa m e	 ca le ndar	 d ay	 e ach	 we ek.	 	
”W ork week ”	 is a f ix e d	 and	 reg ula rly	 re cu rr in g	 p erio d	 of 168	 hou rs ,	 s e ve n	 (7)	 c ons ecu tiv e	 2 4-ho ur	 perio ds.	 	
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  em ployee  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  provided  the  employee  is compensated  for such  overtime  at not  less  
than:	
 	
(a)  	One  and one- half (	11/2)  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 (	
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  (8)  hours on  those days worked  beyond  the regularly  scheduled  number of  
workdays  established  by  the  alternative  workweek  agreement shall be paid at double the employee’s regular rate of pay.  Any 
alternative workweek agreement adopted pursuant  to  this section shall provide  for not less than four (4) hours of work in any 
shift. Nothing in this section shall prohibit an  employer, at  the request of the employee, to substitute one day  of work for 
another day of the same length in the shift provided by the  alternative  workweek  agreement  on  an  occasional  basis  to  
meet  the  personal  needs  of  the  employee  without  the  payment  of  overtime.  No  hours  paid  at either  one  and one- half (	
11/2)  
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) 	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 (	
11/2)  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.	
 	
(3)  	An employer  shall  not  reduce  an  employee’s  regular  rate  of hourly  pay  as  a  result  of  the  adoption,  repeal  or  
nullification  of  an  alternative  workweek  schedule.	
 	
(4)  	An employer shall explore any available reasonable alternative means of accommodating the religious belief  or  
observance  of  an  affected  employee  that  conflicts  with  an  adopted  alternative  workweek  schedule,  in  the  manner  provided 
by  subdivision  (j)  of Section  12940  of the  Government  Code.	
 	
(5)  	An employer  shall  make  a  reasonable  effort to  find  a  work  schedule  not  to  exceed  eight  (8)  hours  in  a  workday,  in  
order  to  accommodate  any  affected  employee  who  was eligible  to  vote  in an  election  authorized  by this  section  and  who is  
unable  to work  the  alternative  workweek  schedule  established  as the  result  of  that  election.	
 	
(6)  	An employer  shall  be  permitted,  but  not  required,  to  provide  a  work  schedule  not to  exceed  eight  (8)  hours  in  a  
workday  to  accommodate  any  employee  who is  hired  after  the  date  of  the  election  and  who is  unable  to  work  the  alternative  
workweek  schedule  established  by the  election.	
 	
(7) 	Arrangements  adopted  in a  secret  ballot  election  held  pursuant  to  this  order  prior  to  1998,  or  under  the  rules  in  effect 
prior  to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the 
election  are  reported  by the employer to the Office of Policy, Research and Legislation by  January 1, 2001, in accordance 
with  the  requirements  of  subsection  (C)  below  (Election  Procedures).  If  an  employee  was  voluntarily  working  an  alternative 
workweek  schedule  of not  more  than ten (10)  hours a  day  as  of  July  1,  1999,  that  alternative  workweek  schedule was  based 
on  an individual  agreement made after January 1, 1998 between the employee and employer, and the employee submitted, 
and the  employer  approved,  a  written  request  on  or  before  May  30,  2000  to continue  the  agreement,  the  employee  may  
continue  to  work  that  alternative  workweek  schedule  without payment  of  an  overtime  rate  of compensation  for  the  hours

—	5 	 
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:	 	
(8) 	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.	
 	
(9)  	In o rd e r	 to b e	 va lid ,	 the	 p ropos ed	 alte rn ativ e	 w ork week	 sched ule	 m ust	 b e	 adop te d	 in a s ec ret	 bal lo t	 ele ctio n ,	 bef ore	 	
th e  perfo rm ance	 o f w ork ,	 by	 at le ast	 a two -th ir ds	 (2 /3)	 v o te	 o f th e	 affe cted	 e m plo yees	 in t he	 w ork	 u nit.	 T he	 ele ctio n	 sha ll	 be	 	
held	 d urin g r egu lar	 wo rkin g	 hours	 at th e	 em ploye es’	 wo rk	 s it e .	 F or	 purp oses	 of th is	 s u bse ctio n, af fe cted	 e m plo ye e s	 in t h e	 wo rk	 	
u n it	‖ m ay	 in clu d e al l	 em plo ye es	 in a read ily	 id ent ifia ble	 w ork	 u nit,	 su ch	 as	 a d iv is	io n ,	 a dep artm ent ,	 a jo b	 cla ssif ica tion,	 a 	
s h ift,	 a separat e	 phys ic al l oca tio n ,	 or a re co gni ze d	 subd iv is io n	 of any	 su ch	 wo rk	 unit .	 A work	 u nit	 m ay	 co nsis t	 o f a n	 in div idual	 	
e m plo ye e	 as	 long	 as	 t h e	 cr ite ria  for	 a n	 ident ifia ble	 wo rk	 u nit	 i n t h is	 s u bse ctio n	 are	 m et.	 	
(10)  	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.	
 	
(11) 	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.	
 	
(12)  	Any type  of  alternative  workweek  schedule  that is  authorized  by the  California  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.	
 	
(13)  	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.	
 	
(14)  	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.	
 
(15)  	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  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  California  Labor  Code  Section  98  et  seq.	
 	
(D)  	One  and one- half (	11/2)  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  by 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  
penal - ties.  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 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 
availa ble 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.	
 	
(G)  	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

—	6 	 
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).	
 	
(H) 	Except  as  provided  in  subsections  (E)  and  (G), this  section  shall  not  apply  to  any  employee  covered by a  valid  collective  
bar -  gaining  agreement  if  the  agreement  expressly  provides  for  the  wages,  hours  of  work,  and working  conditions  of  the 
employees,  and  if  the  agreement  provides  premium  wage  rates for  all  overtime  hours worked  and  a  regular  hourly  rate  of pay  
for  those  employees  of  not  less  than  30  percent  more  than  the state  minimum  wage.	
 	
(I) 	Notwithstanding  subsection  (H)  above,  where  the  employer  and  a  labor  organization  representing  employees of  the 
employer  have  entered  into  a valid  collective  bargaining  agreement  pertaining  to  the  hours  of  work  of  the  employees,  
the  requirement  regarding  the  equivalent  of  one  (1) day’s  rest  in  seven  (7) (see  subsection  (G)  above)  shall  apply,  unless the 
agreement  expressly  provides  otherwise.	
 	
(J)  	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.	
 	
(K) 	The  daily  overtime  provision  of  subsection  (A) above  shall  not  apply  to  ambulance  drivers and  attendants  scheduled  
for  24- hour shifts of duty who have agreed in writing to exclude from daily time worked not more than three (3) meal periods 
of not  more  than  one (1) hour  each  and a regularly  scheduled  uninterrupted  sleeping  period  of not  more  than eight (8)  hours.  
The  employer  shall  provide  adequate  dormitory and  kitchen  facilities  for  employees  on  such  a  schedule.	
 	
(L) 	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.	
 	
(M)  	The  provisions  of  this  section  shall  not  apply  to  taxicab  drivers.	 	
(N) 	The  provisions  of  this  section  shall  not  apply  where  any  employee  of an  airline  certified  by  the  federal  or  state  
government  works  over  40  hours  but  not  more  than  60 hours  in  a  workweek  due  to a  temporary  modification  in  the  
employee’s  normal  work  schedule  not required  by  the  employer  but  arranged  at  the  request  of  the  employee,  including  but 
not  limited  to  situations  where  the  employee  requests a  change  in days  off  or  trades  days  off  with  another  employee.	
 	
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  sche duled 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, whic h shall 
not be less than the minimum	
  wage.

—	7 	 	
(B) If an employee  is  required  to report  for  work  a  second  time in  any  one  workday  and  is  furnished  less  than  two  (2)  
hours  of  work  on  the  second  reporting,  said  employee  shall  be  paid  for two  (2)  hours  at  the  employee’s  regular  rate  of  pay,  
which  shall not  be  less than the minimum  wage.	
 	
(C)  The  foregoing  reporting time pay  provisions  are  not  applicable  when:	 	
(1)  Operations  cannot  commence  or  continue  due  to  threats  to  employees  or  property;  or  when  recommended  by  civil  
authorities ; or	
 	
(2) Public  utilities  fail  to  supply  electricity,  water, or  gas,  or  there  is  a  failure  in  the  public  utilities,  or  sewer  system;  or	 	
(3)  The  interruption  of  work  is  caused  by  an  Act  of God  or other  cause  not  within  the employer’s  control.	 	
(D)  This  section shall not apply to an employee on paid standby status who is called to perform assigned work at a time  
other  than  the employee’s  scheduled  reporting  time.	
 	
6.  LICENSES FOR DISABLED  WORKERS  	
(A) 	A license  may  be  issued  by the  Division  authorizing  employment  of  a  person  whose  earning  capacity  is  impaired  by  
physical  disability  or  mental  deficiency  at less  than  the minimum  wage.  Such  licenses  shall  be  granted  only upon  joint 
application  of  employer  and  employee  and employee’s  representative  if any.	
 	
(B)  	A special  license  may  be  issued  to a  nonprofit  organization  such as  a  sheltered  workshop  or rehabilitation  facility  fixing  
special  minimum  rates  to  enable  the  employment  of  such  persons  without  requiring  individual  licenses  of  such  employees.	
 	
(C)  	All such  licenses  and  special  licenses  shall  be  renewed  on a  yearly  basis  or  more  frequently  at  the  discretion  
of  the  Division.   (See California  Labor  Code,  Sections  1191  and 1191.5)	
 	
7. RECORDS  	
(A) Every  employer  shall  keep  accurate  information  with respect  to  each  employee  including  the following:	 
(1)  	
Full  name,  home  address,  occupation  and  social  security  number.	 	
(2)  	Birth  date,  if  under  18  years,  and  designation  as a  minor.	 	
(3)  	Time  records  showing  when the  employee  begins  and  ends  each  work  period.  Meal  periods,  split  shift  intervals  
and  total  daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods 
need not  be  recorded.	
 	
(4)  	Total  wages  paid  each  payroll  period,  including  value  of  board,  lodging,  or  other  compensation  actually  furnished 
to  the  employee.	
 	
(5)  	Total  hours  worked  in the  payroll  period  and  applicable  rates of  pay.  This  information  shall  be  made  readily  
available  to the  employee  upon  reasonable  request.	
 	
(6) 	When  a piece  rate  or incentive  plan  is in  operation,  piece  rates or  an  explanation  of  the  incentive  plan  formula  
shall  be  provided  to employees.  An  accurate  production  record shall  be  maintained  by the  employer.	
 	
(B)  Every  employer  shall  semimonthly  or  at  the  time  of  each  payment  of  wages  furnish  each  employee,  either  as  a  
detachable  part  of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing 
showing: (1)  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  a reasonable  distance  thereto insofar as  practicable.	 	
8.  CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any deduction  from  the  wage  or require  any  reimbursement  from  an  employee  for any  cash  
shortage,  breakage,  or  loss  of equipment,  unless  it  can  be shown  that the  shortage,  breakage,  or  loss  is  caused  by a  dishonest  
or  willful  act, or by  the  gross  negligence  of the  employee.	
 	
9.  UNIFORMS AND  EQUIPMENT 	
(A) When	 unifo rm s	 are	 req uir e d	 by	 th e	 e m ployer	 to b e	 w orn	 b y	 the	 e m ploye e	 as	 a co nd it io n	 of em plo ym ent ,	 su ch	 u ni fo rm s	 	
shall  be	 pro vid e d	 an d	 m ain ta ined	 b y	 th e	 em plo ye r.	 T he	 te rm	 ”u nifo r	m” in clu de s	 w earin g	 app arel	 a nd	 acc e sso ries	 of d is tin ctiv e	 	
des ig n	 or c olo r.	 	
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

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furnished by the  employer  shall  be  returned  by the  employee  upon  completion  of  the  job.	 	
10.   MEALS AND  LODGING 	
(A) “M	ea	l” m eans	 an	 adequa te ,	 we ll - b ala nce d	 se rv in g	 of a va rie ty	 o f wh ole som e,	 n u tr it io u s	 fo od s.	 	
(B)  “L	odgin	g ” m eans	 liv in g	 acco mmodati ons	 ava ila ble	 t o th e	 em ployee	 for	 f u ll- tim e	 occupan cy	 w hich	 a re	 adequ ate,	 d ece nt,	 	
and  sa nita ry	 a cc o rd in g	 to u sual	 and	 cu sto m ary	 s tand ard s.	 E m plo ye es	 shall	 not	 b e	 re qu ire d	 to s h are	 a b ed .	 	
(C)  Meals  or  lodging  may  not  be  credited  against the  minimum  wage  without  a  voluntary  written  agreement  between  the 
employer  and  the employee.  When  credit for  meals  or  lodging  is used  to  meet  part  of  the  employer’s  minimum  wage  obligation,  
the  amounts  so  credited  may  not  be  more  than the  following:  	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 	2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or Fewer  Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All Employers regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary 	rental value, and in no 	event more than:  	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month 	
Where a couple are both employed by the employer, two thirds (2/3) of the 	ordinary 	rental value, and in no event more than:	 	
$1,169.59	 	/month 	$1,086.07	 	/month 	$1,253.10	 	/month 	$1,169.59	 	/month 	$1,294.83	 	/month 	$1,336.65	 	/month 	
MEALS	 	 	 	 	 	 	 	
Breakfast	  	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.60	 	$5.78	 	
Lunch	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.72	 	$7.97	 	
Dinner	 	$9.35	 	$8.68	 	$10.02	 	$9.35	 	$10.35	 	$10.68	 	
(D) Meals  evaluated  as  part  of  the  minimum  wage  must be bona  fide meals  consistent  with  the  employee’s  work  shift.  
Deductions  shall  not  be  made  for meals  not  received  or lodging  not  used.	
 	
(E)  If, as a  condition  of employment,  the  employee  must live at  the  place  of employment  or  occupy  quarters  owned  or 
under  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)  Unle ss	 th e	 em ploye e	 is r e li e ve d	 of all	 du ty	 d urin g	 a 30	 m in u te	 m ea l	 period,	 t h e	 m eal	 per io d	 sh all	 b e	 co n sid ere d	 an	 ”on	 	
dut y”	 m eal	 perio d	 and	 co un te d	 as	 tim e	 work ed.	 A n	 on- d	uty ”	 m eal	 perio d	 sh all	 b e	 permitt ed	 only	 w hen	 the	 nat ure	 o f th e	 w ork	 	
p re vent s	 an em ployee	 fr o m	 be in g	 re lie ve d	 of all dut y	 and	 whe n	 by	 w ritten	 agr eemen t	 bet ween	 the	 p arti es	 a n	 o n-th e -jo b	 pai d	 	
meal	 per io d	 is agr eed  to .	 T he	 w ritte n	 agre e m ent	 shall	 s ta te	 t h at	 th e	 em plo ye e	 m ay,	 in w rit ing,	 r e vo ke	 th e	 agre 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.	
 	
(F)  The section  shall  not  apply  to  any  public  transit  bus  driver  covered  by a  valid  collective  bargaining  agreement if  the  
agreement  expressly  provides  for  meal  periods  for  those  employees,  final  and  binding  arbitration  of  disputes  concerning 
application  of  its  meal  period  provisions,  premium  wage  rates for  all  overtime  hours  worked,  and  regular  hourly  rate  of  pay  of  
not  less  than  30 percent  more  than  the  State  minimum  wage  rate.	
 	
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 (	
31/2)  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

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the rest  period  is not  provided.	 	
(C)  This  section  shall  not  apply  to  any  public  transit  bus  driver  covered  by a  valid  collective  bargaining  agreement 
if  the  agreement  expressly  provides  for  rest  periods  for  those  employees,  final  and  binding  arbitration  of  disputes  concerning 
application  of its rest period provisions, premium wage rates  for all overtime hours worked, and regular hourly rate of  pay of 
not less than  30  percent more  than  the  State  minimum  wage  rate.	
 	
13.   CHANGE ROOMS AND RESTING  FACILITIES  	
(A) Employers  shall  provide  suitable  lockers,  closets, or  equivalent  for  the  safekeeping  of  employees’  outer  clothing 
during  working  hours,  and  when  required,  for  their  work  clothing  during non- working  hours.  When  the occupation  requires  
a  change  of clothing,  change  rooms or  equivalent  space  shall  be  provided  in order  that  employees  may  change  their 
clothing  in  reasonable  privacy  and  comfort.  These  rooms  or  spaces  may  be  adjacent  to  but  shall  be  separate  from  toilet  rooms  
and  shall  be  kept  clean.	
 	
NOTE: 	This section shall not apply to change rooms and storage  facilities regulated by the Occupational Safety and 
Health  Standards  Board.	
 	
(B)  Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to 
employees  during work  hours.	
 	
14.    SEATS  	
(A) All working  employees  shall  be  provided  with suitable  seats  when  the nature  of  the  work  reasonably  permits  the  
use  of  seats.	
 	
(B)  When  employees  are  not  engaged  in the  active  duties  of  their  employment  and  the nature  of  the  work  requires  
standing,  an  adequate  number of  suitable  seats shall  be  placed  in reasonable  proximity  to  the  work  area  and  employees  shall  
be  permitted  to use  such  seats  when  it does  not  interfere  with  the  performance  of their  duties	
. 	
15.  TEMPERATURE  	
(A) The temperature  maintained  in  each  work  area  shall provide  reasonable  comfort  consistent  with  industry -wide  
standards  for  the  nature  of the  process  and  the  work  performed.	
 	
(B)  If excessive  heat  or  humidity  is  created  by  the  work  process,  the  employer  shall  take  all feasible  means  to  reduce 
such  excessive  heat  or  humidity  to  a  degree  providing  reasonable  comfort.  Where  the  nature  of  the  employment  requires  a  
temperature  of  less  than  60° F.,  a   heated  room shall  be  provided  to which  employees  may  retire  for  warmth,  and  
such  room  shall  be  maintained at not less than  68°.	
 	
(C) A temperature  of  not  less  than  68° shall  be  maintained  in the  toilet  rooms,  resting  rooms,  and  change  rooms during  
hours  of  	
use.	 	
(D)  Federal  and  State  energy  guidelines  shall  prevail  over  any  conflicting  provision  of this  section.	 	
16.  ELEVATORS  	
Adequate elevator, escalator  or  similar  service  consistent  with  industry -wide  standards  for  the  nature  of the  process  and  the 
work  performed  shall be  provided  when employees  are  employed  four floors  or  more  above  or below  ground  level.	
 	
17. EXEMPTIONS  	
If, in the  opinion  of the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision  contained  in 
Section  7,  Records;  Section  12,  Rest  Periods;  Section  13,  Change  Rooms and  Resting  Facilities;  Section  14,  Seats;  Section  
15,  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.

—	10	 	 
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

—	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, R