ATTACHMENT A

 

*1. APPLICABILITY OF ORDER

This order shall apply to all persons employed in the onsite occupations of construction, including, but not limited to, work involving alteration, demolition, building, excavating, renovation, remodeling, maintenance, improvement, and repair work as defined in the California Business and Professions Code Division 3, Chapter 9, §§ 7025 et seq.; drilling, including but not limited to, all work required to drill, establish, repair, and rework wells for the exploration or extraction of oil, gas, or water resources; logging work for which a timber operator’s license is required pursuant to California Public Resources Code §§ 4571 through 4586; and, mining (not covered by Labor Code § 750 et seq.), including all work required to mine and/or establish pits, quarries, and surface or underground mines for the purposes of exploration, or extraction of nonmetallic minerals, metallic ores, coal, and building materials such as stone and gravel, whether paid on a time, piece rate, commission, or other basis, except that:

(A) Provisions of Sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities. No person shall be considered to be employed in an administrative, executive, or professional capacity unless the person is primarily engaged in the duties which meet the test of the exemption, and earns a monthly salary equivalent to no less than two times the state minimum wage for full time employment, The duties which meet the test of the exemption are one of the following set of conditions:

(1) The employee is engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment, or

(2) The employee is licensed, or certified by the State of California, and is engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting, or is engaged in an occupation commonly recognized as a learned, or artistic profession; provided, however, that 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 subsection unless they individually meet the criteria established for exemption as executive, or administrative employees.

(3) The duties which meet the test of the administrative, and executive exemptions are defined as set forth in the following Section of Code of Federal Regulations as they existed as of the date of this Wage Order: 29 CFR §§ 541.1 (a)-(c), 541.102, 541.104, 541.105, 541.106, 541.108, 541.109, 541.111, 541.115, 541.116, (defining executive duties); 29 CFR §§ 541.2 (a)-(C), 541.201, 541.205, 541.208, 541.210 (defining administrative duties).

(4) For the purposes of this section, "full-time employment" means employment in which an employee is employed for forty 40 hours per week.

(B) The provisions of this Order shall not apply to outside salespersons.

(C) Provisions of this Order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer.

(D) This Order supercedes any industry order for those employees employed in occupations covered by this Order.

*2. DEFINITIONS

(A) "Commission" means the Industrial Welfare Commission of the State of California.

(B) "Division" means the Division of Labor Standards Enforcement of the State of California.

(C) "Construction occupations" includes all job classifications associated with construction, including but not limited to, work involving alteration, excavation, demolition, renovation, remodeling, maintenance, improvement, and repair work as defined in the California Business, and Professions Code Division 3, Chapter 9, §§ 7025 et seq, and any other similar, or related occupations, or trades.

(D) "Logging occupations" any work for which a timber operator’s license is required pursuant to California Public Resources Code §§ 4571-4586; including the cutting, or removal, or both of timber, or other solid wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the work incidental thereto, including, but not limited to, construction and maintenance of roads, fuel breaks, firebreaks, stream crossings, landings, skid trails, beds for the falling of trees, and fire hazard abatement.

(E) "Mining occupations" includes miners, and other associated and related occupations (not covered by Labor Code §§ 750 et seq.) required to engage in excavation or operations above or below ground including work in mines, quarries, or open pits, used for the purposes of exploration or extraction of nonmetallic minerals, mineral ores, coal, and building materials, such as stone, gravel, and rock, or other materials intended for manufacture or sale, whether paid a time, piece rate, commission, or other basis.

(F) "Drilling occupations" include all job classifications associated with the exploration, or extraction of oil, gas, or water resources work including, but not limited to, the installation, establishment, reworking, maintenance or repair of wells and pumps by boring, drilling, excavating, casting, cementing and cleaning for the extraction or conveyance of fluids such as water, steam, gases or petroleum.

(G) "Emergency" means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.

(H) "Employ" means to engage, suffer, or permit to work.

(I) "Employee" means any person employed by an employer.

(J) "Employer" means any person as defined in § 18 of the Labor Code, who directly or indirectly, or through an agent, or any other person, employs, or exercises control over the wages, hours, and/or working conditions of any person.

(K) "Hours worked" means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.

(L) "Minor" means, for the purposes of this Order, any person under the age of eighteen (18) years as defined by Labor Code §§ 1285 to 1312 and 1390-1399.

(M) "Outside Salesperson" means any person, 18 years of age or over, who customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items of obtaining orders or contracts for products, services or use of facilities. An "outside salesperson" does not include an employee who makes deliveries or service calls for the purpose of installing, replacing, repairing, removing, or servicing a product.

(N) "Primarily" means more than one-half the employee’s work time.

(O) "Split shift" means a work schedule which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest, or meal periods.

(P) "Wages" are as defined by California Labor Code, § 200.

(Q) "Workday or day" means any consecutive twenty-four (24) hours beginning at the same time each calendar day.

(R) "Workweek or week" means any seven (7) consecutive day, starting with the same calendar day each week. "Workweek" is a fixed, and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.

(S) "Alternative Workweek Schedule" means any regularly scheduled workweek proposed by an employer who has control over the wage, hours, and working conditions of the employees, ratified by an employee work unit in a neutral secret ballot election that provides for work of no more than 10 hours per day within a 40 hour workweek without the payment of overtime compensation requiring an employee to work more than eight (8) hours in a twenty-four (24) hour period.

(T) "Work Unit" means all non-exempt employees in a job classification who share a common worksite. A work unit consist of an individual employee as long as the criteria for an identifiable work unit in this subsection is met.

(U) "Regularly Scheduled Workweek" means a schedule where the length of the shift and the days of work are predesignated pursuant to an alternative workweek schedule.

*3. HOURS AND DAYS OF WORK

(A) The following overtime provisions are applicable to employees eighteen (18) years of age or over, and to employees sixteen (16) or seventeen (17) years of age who are not required by law to attend school, and who 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 forty (40) hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours in the workweek. 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:

(1) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including twelve (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

    1. Double the employee’s regular rate of pay for all hours worked in excess of twelve (12) hours in any workday, and for all hours worked in a excess of eight (8) hours on the seventh (7th) consecutive day of work in any workweek. The overtime rate of compensation to be paid to an nonexemption full-time salaried employee shall be computed by using one-fortieth (1/40) of the employee’s weekly salary as the employee’s regular hourly rate of pay.

(B) No employer, who has control over the wages, hours and working conditions of the employee’s, shall be deemed to have violated the provisions of Section 3, Hours and Days of Work by instituting, pursuant to a voluntary written agreement proposed by the employer and ratified in a secret ballot election by at least two-thirds (2/3) of the affected employees in the work unit a regularly scheduled alternative workweek pursuant to the following conditions:

(1) An alternative workweek schedule authorizes work by the affected employees of no longer than ten (10) hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section.

(2) In order to be valid, the alternative workweek schedule must be proposed by an employer who has control over the wages, hours and working conditions of the affected employees and 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.

(3) The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work schedule that would become 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.

(4) An affected employee working longer than eight hours but no more than ten (10) hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half (1 1/2) times the regular rate of pay of the employee for any work excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of forty (40) hours per week.

(5) An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of twelve (12) hour per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement.

(6) 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.

(7) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday to accommodate any effected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule established as the result of that election. Employees affected by a change in work hours resulting from the adoption of an alternative workweek schedule shall not be required to work those new work hours for at least thirty (30) days after the announcement of the final results of the election.

(8) An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election.

(9) An employer shall explore any available reasonable alternative means of accommodating the religious beliefs or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of § 12940 of the Government Code.

(10) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer who has control over wages, hours and working conditions of the affected employees. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified workdays and work hours are regularly recurring. The employer may proposed a single work, schedule that would become the standard schedule for workers in the unit, or a menu of work schedule options, from which each employee in the unit would be entitled to chose. 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.

(11) The election shall be held during regular working hours at the employees’ work site. Ballots shall be mailed to the last known address of all employees in the work unit that are not present at the work site on the day of the election but have been employed by the employer within the last 30 calendar days immediately preceding the day of the election.

(12) 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 fourteen (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. Notices shall be mailed to the last known address of all employees in the work unit in accordance with provision (11) above. Failure to comply with this section shall make the election null and void.

Any election to establish or repeal an alternative workweek schedule shall be held during regular working hours at the worksite 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. 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, provided six (6) months has passed since the election authorizing the alternative workweek 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. If the number of employees employed for at least 30 days affected by the alternative workweek schedule increases by 50% above the number who voted to ratify the employer proposed alternative workweek schedule, the employer must conduct a new ratification election pursuant to the rules contained in subsection 3.

The results of any election conducted pursuant to this section shall be reported by the employer to the Division of Labor Statistics and Research within thirty (30) days after the results are final, and the report of the election results shall be posted at the jobsite in a area frequented by employees where it may easily be read during the workday, and 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.

Employees participating in the election shall be free from intimidation and coercion. However, nothing in this section shall prohibit an employer from expressing its position concerning that alternative workweek to the affected employees. 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. The Labor Commissioner shall investigate any alleged violation of this section and shall upon finding a serious violation render the alternative workweek schedule null and void.

Notwithstanding paragraphs (1), (4), and (5), for offshore oil and gas production, drilling, and servicing occupations, an alternative workweek schedule authorizes work by the affected employees of no longer than twelve (12) hours per day within a 40-hour workweek without he payment to the affected employees of an overtime rate of the compensation pursuant to an alternative workweek schedule adopted pursuant to the section shall be paid an overtime rate of compensation of no less than two (2) times the regular rate of pay of the employee in excess of the regularly scheduled hours established by the alternative workweek agreement and for one and one-half (1 ½) of any work in excess of forty (40) hours per week. The other provisions of this section, including those governing elections, shall apply to these occupations.

(C) Combination of Overtime Rates. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.

(D) Nondiscrimination. No employee shall be terminated, disciplined or otherwise discriminated against for refusing to work more than seventy-two (72) hours in any workweek or except in an emergency as defined in Section 2 (G).

(E) Make-up Time. 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 make-up 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 eleven (11) hours of work in one day or forty (40) hours of work in one workweek. If an employee knows in advance that he or she will be requesting make up time for 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 weeks in advance; provided, however, that the make-up work must be performed in the same week 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 a work time pursuant to this section. While employer may inform an employee of this make-up tome 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 section. (Refer California Labor Code § 513)

(F) One Day’s Rest in Seven The provisions of Labor Code §§ 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).

(G) Collective Bargaining Agreements.

(1) Paragraphs A, B, C, D, and E of subsection 3 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 thirty (30) percent more than the state minimum wage. (Refer Labor Code § 514)

(2) Paragraph F, shall apply to any employee covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise.

*4. MINIMUM WAGES

(A) Every employer shall pay to each employee wages not less than five dollars and seventy-five cents ($5.75) per hour for all hours worked, effective March 1, 1998.

(B) Every employer shall pay 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.

 

5. REPORTING TIME PAY

(A) All employer mandated travel that occurs after the first location where the employee’s presence is required by the employer shall be compensated at the employee’s regular rate of pay.

(B) Each workday an employee is required to report to the work site and does report, but is not put to work is furnished less than half said employee’s usual or schedule 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.

(C) Collective Bargaining Agreements. This section shall apply to any employee covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise.

6. LICENSES FOR DISABLED WORKERS

A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by the 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.

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.

All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the Division.

*7. RECORDS

(A) Every employer who has control over wages, hours or working conditions shall keep accurate information with respect to employee, including the following:

Full name, home address, occupation and social security number. Birthdate, if under 18 years, and designation as a minor. 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.

Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.

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. 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 who has control over wages, hours or working conditions 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. (Refer to Labor Code § 226)

(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 who has control over wages, hours or working conditions for at least three years at the place of employment or at a central location. An employee’s records shall be available for inspection by the employee upon reasonable request.

(D) Employers performing work on public works projects should refer to Labor Code § 1776 for additional payroll reporting requirements.

8. DEDUCTIONS FROM PAY, INCLUDING CASH SHORTAGE AND BREAKAGE

No employer shall collect or deduct from any employee any part of wages therefore paid unless such deductions are allowed by law. (Refer Cal. Labor Code §s 220-226) No fee shall be charged by the employer or agent of the employer for cashing a payroll check.

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

    1. When uniforms are required by the employer too be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term "uniform" includes wearing apparel and accessories of distinctive design or color.

(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 may be required to provide and maintain hand tools and equipment customarily required by the trade or craft.

*10. MEALS AND LODGING

(A) "Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B) "Lodging" means living accommodations available to the employee for fulltime occupancy which are adequate, decent, and sanitary according to the usual and customary standards. Employees shall not be required to share a bed.

(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals, or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the following:

 

Effective March 1, 1998

 

Room occupied alone

$27.05 per week

Room shared

$22.30 per week

Apartment-two-thirds (2/3) of the ordinary rental value and in no event more than

$324.70 per month

Where a couple are both employed by the employer two-thirds (2/3) of ordinary rental value, and in no event more than

 

$480.30 per month

Meals:

 

Breakfast

$2.05

Lunch

$2.85

Dinner

$3.80

 

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 nor lodging not used.

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 thirty (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 employer and employee. (Refer to Cal. Labor Code § 512)

(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 thirty (30) minutes, except that if the total hours worked is no more than twelve (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. (Refer to Cal. Labor Code § 512)

(C) In all places of employment the employer shall provide an adequate supply of potable water, soap, or other suitable cleansing agent and single use towels for handwashing.

(D) Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to and complies with Cal. Labor Code § 512.

(E) Collective Bargaining Agreements.

Paragraphs A, B, and D of subsection 10, Meal Periods, 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 the working conditions of the employees, and if the agreement provides premium wages rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than thirty (30) percent more than the state minimum wage. (Refer to Cal. Labor Code § 514)

12. REST PERIODS

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 ½) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

This subsection shall apply to any employee covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise.

13. SEATS

    1. All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats

    2. 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..

14. TEMPERATURE

    1. 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.

    2. ;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°

15. ELEVATORS

Adequate elevators, 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.

16. 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 be 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.

17. FILING REPORTS (See California Labor Code, Section 1174(a) )

18. INSPECTION (See California Labor Code, Section 1174)

19. PENALTIES

(A) Penalties for Violations of the Provisions of this Order. 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 civil and criminal penalties as provided by law. In addition, violation of any provision of this order shall be subject to a civil penalty as follows:

(1) Initial Violation- $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to an amount which is sufficient to recover underpaid 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 underpaid wages.

(3) The affected employee shall receive payment of all wages recovered. The Labor Commissioner may also issue citations pursuant to Cal. Labor Code § 1197.1 for non-payment of wages for overtime work in violation of this order.

(B) Additional Penalties for Violations of Meal and Rest Periods of this Order. An employer shall pay the employee one hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided. Whenever any employer fails to provide an employee a meal period or rest period in accordance with the applicable provisions of these orders, it shall pay the employee one hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.

(C) Penalties for Violations Of Child Labor Laws. Any employer or other person acting on behalf of the employer is subject to civil penalties from $500 to $10,000 as well as to criminal penalties for violation of Child Labor Laws. (Refer to California Labor Code §§ 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 inquire at local school districts about any required work permits required for minors attending school.

(D) Penalties. In cases where a valid collective bargaining agreement provides final and binding mechanism for resolving disputes regarding enforcement of the rest period provisions, the collective bargaining agreement will prevail if it provides at least one hours pay for each workday that the rest period is not provided.

(In addition, see California Labor Code, Section 1199)

*20. SEPARABILITY

If the application of any provision of this Order, or any section, subsection, subdivision, sentence, clause, phase, word, or portion of this Order should be held invalid or unconstitutional or unauthorized or prohibited be statute, the remaining provisions. Thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part is held invalid or unconstitutional had not been included herein.

*21. 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.

* Recommendation supported by at least 2/3 vote of the Wage Board