Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(Order No. 14-2001, Effective 1-1-2002, as amended.
Sections 4(A),
4(E) and
10(C) amended and
republished by the Department of Industrial Relations, effective January 1,
2019, pursuant to SB 3, Chapter 4, Statutes of 2016 and section
1182.13 of the
Labor Code. Sections
1(F),
1(G),
3(A),
3(B),
3(C),
3(E) and
11 amended and republished
effective January 1, 2017, pursuant to AB 1066, Chapter 313, Statutes of 2016
and section
864 of the
Labor Code Section
6 amended and republished pursuant
to SB 639, Chapter 339, Statutes of 2021.)
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
Labor Code, and AB 1835, Ch. 230, Stats of 2006, adding sections 1182.12 and
1182.13 to the Labor Code). The Department of Industrial Relations also updated
this Industrial Welfare Commission Order pursuant to legislation enacted (AB
1066, Ch. 313, Stats of 2016, adding sections 857 through 864 to the Labor
Code, SB 639, Ch. 339, Statutes of 2021, amending sections
1191 and
1191.5 of the
Labor Code, AB 156, Ch. 569, Stats of 2022, amending sections 2695.1 and
2695.2, and adding sections 2695.3 and 2695.4. to the Labor Code, and SB 143
(Ch. 196, Stats. 2023) further amending Labor Code sections
2695.3 and
2695.4 of the
Labor Code). The updates, amendments and republishing make no other changes to
this order.
Employers and representatives of persons working in the
industry and occupations to which this order applies should note that, except
as set forth in Labor Code Section
860 and
subdivision (a) of Labor Code Section
862, which are
reflected in Section
3 of this order, all other
provisions of Division 2, Part 2, Chapter 1 of the Labor Code (commencing with
Section 500) regarding compensation for
overtime work shall apply to workers in an agricultural occupation commencing
January 1, 2017. (See Labor Code Section
861.) Where
this order is inconsistent with Division 2, Part 2, Chapter 6 of the Labor Code
(the Phase-In Overtime for Agricultural Workers Act of 2016,
which incorporates Chapter 1 as stated), Chapter 6 of the Labor Code governs,
including the applicable effective dates, unless this order provides greater
protections or benefits to agricultural employees. (See Labor Code Section
864.)
1. Applicability of Order.
This order shall apply to all persons employed in an
agricultural occupation whether paid on a time, piece rate, commission, or
other basis, except that:
(A) No
provision of this order shall apply to any employee who is engaged in work
which is primarily intellectual, managerial, or creative, and which requires
exercise of discretion and independent judgment, and for which the remuneration
is not less than two (2) times the monthly state minimum wage for full-time
employment.
(B) No provision of
this order shall apply to any individual who is the parent, spouse, child, or
legally adopted child of the employer.
(C) Section 5 of this order shall not apply
to any employer who employs fewer than five (5) persons covered by this order.
If at any one time during a calendar year an employer has five (5) or more
employees covered by this order, every provision of this order, including
Section 5, Reporting Time Pay, shall apply to that employer throughout that
calendar year.
(D) No provision of
this order shall apply to any employee covered by Order No. 8 or Order No. 13,
relating to industries handling products after harvest.
(E) The provisions of this order shall not
apply to any individual participating in a national service program, such as
AmeriCorps, carried out using assistance provided under
Section
12571 of Title 42 of the United States Code.
(See Stats. 2000, chap. 365, amending Labor Code Section
1171.)
(F) Sections
4(A)-(D), 5,
6, 9(A), and
11(B), of this
order shall not apply to an employee engaged to work as a "sheepherder or,
effective September 27, 2022, engaged to work as a "goat herder"," as that
occupation is defined in Section
2(N). Section
3(A)(2) shall
apply to a sheepherder or "goat herder" employed by a large employer (more than
25 employees) beginning January 1, 2019, and Section
3(A)(3) shall
apply to a sheepherder or goat herder employed by a small employer (25 or fewer
employees) beginning January 1, 2022. Otherwise, this order, including Section
4(A), shall apply
to any workweek during which a sheepherder or goat herder employee is engaged
in any non-sheepherding or non-goat herding agricultural or other
work.
(G) Section
3 of this order shall not apply to
an employee licensed pursuant to Article 3 (commencing with Section
7850)
of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code who serves as a
crew member on a commercial fishing vessel. Section
3(A)(2) shall
apply to a licensed crew member employed by a large employer (more than 25
employees) beginning January 1, 2019, and Section
3(A)(3) shall
apply to a licensed crew member employed by a small employer (25 or fewer
employees) beginning January 1, 2022.
(H) The provisions of this order that only
refer to goat herders, effective September 27, 2022, shall expire on July 1,
2026, and goat herders will be afterward protected under the general provisions
of this order unless the Legislature amends Labor Code sections
2695.3 and
2695.4 to
extend special provisions for goat herders.
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) "Employ" means to engage, suffer, or
permit to work.
(D) "Employed in an
agricultural occupation" means any of the following described occupations:
(1) The preparation, care, and treatment of
farm land, pipeline, or ditches, including leveling for agricultural purposes,
plowing, discing, and fertilizing the soil;
(2) The sowing and planting of any
agricultural or horticultural commodity;
(3) The care of any agricultural or
horticultural commodity; as used in this subdivision, "care" includes but is
not limited to, cultivation, irrigation, weed control, thinning, heating,
pruning, or tying, fumigating, spraying, and dusting;
(4) The harvesting of any agricultural or
horticultural commodity, including but not limited to, picking, cutting,
threshing, mowing, knocking off, field chopping, bunching, baling, balling,
field packing, and placing in field containers or in the vehicle in which the
commodity will be hauled, and transportation on the farm or to a place of first
processing or distribution;
(5) The
assembly and storage of any agricultural or horticultural commodity, including
but not limited to, loading, road siding, banking, stacking, binding, and
piling;
(6) The raising, feeding
and management of livestock, fur bearing animals, poultry, fish, mollusks, and
insects, including but not limited to herding, housing, hatching, milking,
shearing, handling eggs, and extracting honey;
(7) The harvesting of fish, as defined by
Section
45 of
the Fish and Game Code, for commercial sale;
(8) The conservation, improvement or
maintenance of such farm and its tools and equipment.
(E) "Employee" means any person employed by
an employer.
(F) "Employer" means
any person as defined in Section
18 of the Labor
Code, who directly or indirectly, or through an agent or any other person,
employs or exercises control over the wages, hours, or working conditions of
any person.
(G) "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.
(H) "Minor" means, for the purpose of this
Order, any person under the age of eighteen (18) years.
(I) "Non-sheepherding or non-goat herding
work" means any work except the work defined in section
2(N)
below.
(J) "Open range
sheepherding" or "open range goat herding" means, generally, sheepherding or
goat herding on land that is not cultivated, but produces native forage
("browse" or herbaceous food that is available to livestock or game animals)
for animal consumption, and includes land that is re-vegetated naturally or
artificially to provide forage cover that is managed like range vegetation. The
range may be on private, federal, or state land. Typically, the land is not
only non-cultivated, but not suitable for cultivation because it is rocky,
thin, semiarid, or otherwise poor. Also, many acres of range land are required
to graze one animal unit (five sheep or goats) for one month. By its very
nature, open range sheepherding or goat herding is conducted over wide expanses
of land, such as thousands of acres.
(K) "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 or obtaining orders or contracts for products, services or use
of facilities.
(L) "Piece rate
basis" is a method of payment based on units of production or a fraction
thereof.
(M) "Primarily" as used in
Section 1, Applicability, means more than
one-half the employee's work time.
(N) "Sheepherder" or "goat herder" means an
individual who is employed to do any of the following, including with the use
of trained dogs:
(1) Tend herds of sheep or
goats grazing or browsing on range or pasture.
(2) Move sheep or goats to and about an area
assigned for grazing or browsing.
(3) Prevent sheep or goats from wandering or
becoming lost.
(4) Protect sheep or
goats against predators and the eating of poisonous plants.
(5) Assist in the lambing, docking, or
shearing of sheep, or in the kidding of goats.
(6) Provide water or feed supplementary
rations to sheep or goats.
(O) "Shift" means designated hours of work by
an employee, with a designated beginning time and quitting time.
(P) "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.
(Q) "Wages" includes all amounts for labor
performed by employees of every description, whether the amount is fixed or
ascertained by the standard of time, task, piece, commission basis, or other
method of calculation.
(R)
"Workday" means any consecutive 24 hours beginning at the same time each
calendar day.
(S) "Workweek" means
any seven (7) consecutive days, 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.
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:
(1) For employers of more than
25 employees:
(a) Starting January 1, 2019, an
employee shall not be employed more than nine and one-half (9 1/2) hours
per workday or fifty-five (55) hours per workweek unless the employee receives
one and one-half (1 1/2) times such employee's regular rate of pay for all
hours worked over nine and one-half (9 1/2) hours in any one workday or
more than fifty-five (55) hours in any one workweek.
(b) Starting January 1, 2020, an employee
shall not be employed more than nine (9) hours per workday or fifty (50) hours
per workweek unless the employee receives one and one-half (1 1/2) times
such employee's regular rate of pay for all hours worked over nine (9) hours in
any one workday or more than fifty (50) hours in any one workweek.
(c) Starting January 1, 2021, an employee
shall not be employed more than eight and one-half (8 1/2) hours per
workday or forty-five (45) hours per workweek unless the employee receives one
and one-half (1 1/2) times such employee's regular rate of pay for all
hours worked over eight and one-half (8 1/2) hours in any one workday or
more than forty-five (45) hours in any one workweek.
(d) Starting January 1, 2022, an employee
shall not be employed more than eight (8) hours per workday or work in excess
of forty (40) hours per workweek unless the employee receives one and one-half
(1 1/2) times such employee's regular rate of pay for all hours worked
over eight (8) hours in any workday or more than forty (40) hours in any
workweek and double the employee's regular rate of pay for all hours worked
over twelve (12) hours in any one workday.
(2) For employers of 25 or fewer employees:
(a) Starting January 1, 2022, the overtime
standards and compensation in subsection (1)(a) above, shall apply to any
employee who works over the specified threshold hours in any one workday or
workweek.
(b) Starting January 1,
2023, the overtime standards and compensation in subsection (1)(b) above, shall
apply to any employee who works over the specified threshold hours in any one
workday or workweek.
(c) Starting
January 1, 2024, the overtime standards and compensation in subsection (1)(c)
above, shall apply to any employee who works over the specified threshold hours
in any one workday or workweek.
(d)
Starting January 1, 2025, the overtime standards and compensation in subsection
(1)(d) above, shall apply to any employee who works over the specified numbers
of hours in any one workday or workweek.
(See Labor Code Sections
1391 and
1394)
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil
penalties of from $500 to $10,000 as well as to criminal penalties provided
herein. Refer to Labor Code Sections
1285 to
1312 and
1390 to
1399 for
additional restrictions on the employment of minors. Employers should ask
school districts about required work permits.)
(B) All employees covered under
this order shall not be employed on the seventh
(7th) consecutive day of a workweek unless the
employee receives one and one-half (1 1/2) times such employee's regular
rate of pay for the first eight (8) hours on the seventh
(7th) consecutive day of work and double the
employee's regular rate of pay for each hour worked over eight (8) on the
seventh (7th) consecutive day of work in the
workweek.
(C) The provisions of
subsection (A) above shall not apply to an employee covered by this order
during any week in which more than half of such employee's working time is
devoted to performing the duties of an irrigator. Subsection
3(A)(1) shall
apply to such an employee employed by a large employer (more than 25 employees)
beginning January 1, 2019, and subsection
3(A)(2) shall
apply to such an employee employed by a small employer (25 or fewer employees)
beginning January 1, 2022.
(D) 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, sec.
1200 and following sections,
regulating hours of drivers.
(E) This section shall not apply to any
employee covered by a valid collective bargaining agreement if said 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 percent (30%) more than the state minimum wage.
(See Labor Code Section
514)
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
wages not less than the following:
(a) Sixteen
dollars ($16.00) per hour for all hours worked, effective January 1,
2024;
(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) Thirteen dollars ($13.00) per hour for
all hours worked, effective January 1, 2020;
(b) Fourteen dollars ($14.00) per hour for
all hours worked, effective January 1, 2021;
(c) Fifteen dollars ($15.00) per hour for all
hours worked, effective January 1, 2022.
(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) Twelve dollars
($12.00) per hour for all hours worked, effective January 1, 2020;
(b) Thirteen dollars ($13.00) per hour for
all hours worked, effective January 1, 2021;
(c) Fourteen dollars ($14.00) per hour for
all hours worked, effective January 1, 2022.
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.
(E) The monthly minimum wage for sheepherders
or goat herders employed on a regularly scheduled 24-hour shift on a
seven-day-a-week "on call" basis shall be the following:
(1) For employers who employ 26 or more
employees: effective January 1, 2020, $2,311.24 per month; effective January 1,
2021, $2,488.97 per month; effective January 1, 2022, $2,666.68 per month;
effective January 1, 2023, $2,755.48 per month; effective January 1, 2024,
$2,844.48 per month.
(2) For
employers who employ 25 or fewer employees effective January 1, 2020, $2,133.52
per month; effective January 1, 2021, $2,311.24 per month; effective January 1,
2022, $2,488.97 per month; effective January 1, 2023, $2,755.48 per month;
effective January 1, 2024, $2,844.48.
Payment of the monthly minimum wage does not relieve an
employer of the obligation to compensate for overtime work as required in
Section 3 of this order.
(3) Wages paid to sheepherders or goat
herders shall not be offset by meals or lodging provided by the
employer.
5.
Reporting Time Pay.
(A) Each workday an
employee is required to report for work and does report, but is not put to work
or is furnished less than half said employee's usual or scheduled day's work,
the employee shall be paid for half the usual or scheduled day's work, but in
no event for less than two (2) hours nor more than four (4) hours, at the
employee's regular rate of pay, which shall not be less than the minimum
wage.
(B) If an employee is
required to report for work a second time in any one workday and is furnished
less than two (2) hours of work on the second reporting, said employee shall be
paid for two (2) hours at the employee's regular rate of pay, which shall not
be less than the minimum wage.
(C)
The foregoing reporting time pay provisions are not applicable when:
(1) Operations cannot commence or continue
due to threats to employees or property; or when recommended by civil
authorities; or
(2) Public
utilities fail to supply electricity, water, or gas, or there is a failure in
the public utilities, or sewer system; or
(3) The interruption of work is caused by an
Act of God or other cause not within the employer's control.
(D) This section shall not apply
to an employee on paid standby status who is called to perform assigned work at
a time other than the employee's scheduled reporting time.
6. Licenses for Disabled Workers.
(A) An existing license may be renewed 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
pursuant to the requirements in Labor Code section
1191(a).
Such licenses shall be granted only upon joint application of an employer and
employee and employee's representative if any. This subsection is operative
only until January 1, 2025, or until the phase-out plan described in Labor Code
section
1191(c)
is released, whichever is later.
(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. This subsection is operative
only until January 1, 2025.
(C) All
such special licenses shall be renewed on a yearly basis or more frequently at
the discretion of the Division.
(See 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) Employers of sheepherders or goat herders
shall keep accurate information with respect to sheepherder or goat herder
employees, including an itemized statement showing applicable rates of pay for
sheepherding or goat herding and any applicable non-sheepherding or non-goat
herding agricultural or other work, all deductions, dates of period for which
paid, name and social security number (if any) of employee, and name of
employer.
(C) Every employer shall
semi-monthly 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.
(D) Every
employer of a sheepherder or goat herder shall annually notify the sheepherder
or goat herder of his or her rights and obligations under state and federal
law.
(E) 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 (3) 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.
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 uniforms are required by
the employer to be worn by the employee as a condition of employment, such
uniforms shall be provided and maintained by the employer. The term "uniform"
includes wearing apparel and accessories of distinctive design or color. NOTE:
This section shall not apply to protective apparel regulated by the
Occupational Safety and Health Standards Board.
(B) When tools or equipment are required by
the employer or are necessary to the performance of a job, such tools and
equipment shall be provided and maintained by the employer, except that an
employee whose wages are at least two (2) times the minimum wage provided
herein, or for sheepherders or goat herders paid on a monthly basis, at least
two times the monthly minimum wage, may be required to provide and maintain
hand tools and equipment customarily required by the trade or craft. This
subsection (B) shall not apply to apprentices regularly indentured under the
State Division of Apprenticeship Standards. NOTE: This section shall not apply
to protective equipment and safety devices on tools regulated by the
Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as
security for the return of the items furnished by the employer under provisions
of subsections (A) and (B) of this section upon issuance of a receipt to the
employee for such deposit. Such deposits shall be made pursuant to Section 400
and following of the Labor Code or an employer with the prior written
authorization of the employee may deduct from the employee's last check the
cost of an item furnished pursuant to (A) and (B) above in the event said item
is not returned. No deduction shall be made at any time for normal wear and
tear. All items furnished by the employer shall be returned by the employee
upon completion of the job.
10. Meals and Lodging.
(A) "Meal" means an adequate, well-balanced
serving of a variety of wholesome, nutritious foods.
(B) "Lodging" means living accommodations
available to the employee for full-time occupancy which are adequate, decent,
and sanitary according to usual and customary standards. Employees shall not be
required to share a bed.
(C) Meals
or lodging may not be credited against the minimum wage without a voluntary
written agreement between the employer and the employee. When credit for meals
or lodging is used to meet part of the employer's minimum wage obligation, the
amounts so credited may not be more than the following:
|
EFFECTIVE:
|
JANUARY 1, 2021
|
JANUARY 1, 2022
|
January 1, 2023
|
January 1, 2024
|
| For an employer who employs: |
26 or More Employees |
25 or Fewer Employees |
26 or More Employees |
26 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: |
$1169.59/month |
$1086.07/month |
$1253.10/month |
$1169.59/month |
$1294.83/month |
$1336.65/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.
(F) Paragraphs (C), (D), and (E) above shall
not apply to sheepherders or goat herders. Every employer shall provide to each
sheepherder or goat herder not less than the minimum monthly meal and lodging
benefits required to be provided by employers of sheepherders or goat herders
employed under the provisions of the H-2A program of the federal Immigration
and Nationality Act [8 U.S.C. Section
1101 et seq.], or any successor
provisions.
(G) Fixed Site Housing:
A sheepherder or goat herder not engaged in open range sheepherding or goat
herding, shall be provided with fixed site housing that complies with all the
following standards and requirements:
(1)
Toilets (which may include portable toilets) and bathing facilities (which may
include a portable facility).
(2)
Heating (which may include a camp stove or other sources of heat).
(3) In-door Lighting.
(4) Potable hot and cold water.
(5) Cooking facilities and
utensils.
(6) Refrigeration for
perishable foodstuffs (which may include ice chests, provided that ice is
delivered to the sheepherder, as needed, to maintain a continuous temperature
required to retard spoilage and assure food safety).
(7) Fixed Site Housing Inspections: housing
that is erected for sheepherders or goat herders at fixed locations shall be
annually inspected by the State of California Employment Development Department
for compliance with Paragraph (F) of this section, unless the employer receives
a statement in writing from the Employment Development Department that there
are no such inspectors available.
(H) Mobile Housing: When a sheepherder or
goat herder is engaged in open range sheepherding or goat herding, the employer
shall provide mobile housing that complies with specified standards and
inspection requirements prescribed for mobile sheepherder or goat herder
housing under either of the following, whichever affords the greater protection
or benefit:
(1) Housing requirements
established by the United States Department of Labor then in effect (see, 20
CFR section 655.235); or
(2)
Housing requirements provided in Labor Code sections
2695.2(f)
or 1695.4(f).
Such housing shall be inspected and approved annually by
an inspector from the Employment Development Department unless the employer
receives a statement in writing from the Employment Development Department that
there are no such inspectors available.
11. Meal Periods.
(A) An employer may not employ an employee
for a work period of more than five (5) hours without providing the employee
with 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 employer and employee. Unless the employee is
relieved of all duty during a 30 minute meal period, the meal period shall be
considered an "on duty" meal period and counted as time worked. An "on duty"
meal period shall be permitted only when the nature of the work prevents an
employee from being relieved of all duty and when by written agreement between
the parties an on-the-job paid meal period is agreed to. An employer of a
sheepherder or goat herder may be relieved of this obligation if a meal period
of 30 minutes cannot reasonably be provided because no one is available to
relieve a sheepherder or goat herder tending flock alone on that day. Where a
meal period of 30 minutes can be provided but not without interruption, a
sheepherder or goat herder shall be allowed to complete the meal period during
that day.
(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.
(See Labor Code Section
512)
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
1/2) hours. Authorized rest period time shall be counted as hours worked
for which there shall be no deduction from wages. This section applies to
sheepherders and goat herders to the extent practicable.
13. Seats.
When the nature of the work reasonably permits the use of
seats, suitable seats shall be provided for employees working on or at a
machine.
14. Other Working
Conditions Applicable To Sheepherders and Goat Herders.
Sheepherders and goat herders shall be provided with all
of the following at each work site:
(A) Regular mail service, which, in the case
of open range locations, shall mean mail delivery not less frequently than once
every seven days.
(B) An
appropriate means of communication, including but not limited to a radio and/or
telephone, which will allow sheepherders and goat herders to communicate with
employers, health care providers, an emergency relating to the herding
operation, and government regulators. Employers may charge sheepherders or goat
herders for all others uses. Nothing in this paragraph shall preclude an
employer from providing additional means of communication to the sheepherder or
goat herder which are appropriate because telephones or radios are out of range
or otherwise inoperable.
(C)
Visitor access to the herder's housing.
15. Exemptions.
If, in the opinion of the Division after due
investigation, it is found that the enforcement of any provisions in Section 7,
Records; Section
12, Rest Periods; or Section
13, Seats, 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 is filed with the
Division.
16. Filing
Reports. (See Labor Code Section
1174(a))
17. Inspection. (See Labor Code Section
1174)
18. Penalties.
(See 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 an 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.
(B) Any employer or any other
person acting on behalf of the employer who employs sheepherders and who
requires them to engage in non-sheepherding duties shall be subject to the
following penalties:
(1) Initial violations --
a civil penalty of one week's pay computed on a basis of a 60-hour workweek and
a wage of no less than the current minimum wage in effect.
(2) Second violation -- a civil penalty of
one month's pay computed on a basis of a 252-hour month and a wage of no less
than the current minimum wage in effect.
(3) Third and subsequent violation -- a civil
penalty equal to the cost of the contract of the approved "H-2A" job
order.
(C) 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 Labor Code Sections
2695.2 or
2695.4,
including provisions of this order relating to a sheepherder or goat herder,
shall be subject to the civil penalty of:
(1)
Initial Violation -- $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.
(2) Subsequent Violations -- $250.00 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.
(D) The affected employee shall
receive payment of all wages recovered.
(E) The Labor Commissioner may also issue
citations pursuant to Labor Code Section
1197.1 for
non-payment of wages for overtime work in violation of this order.
19. 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.
20. 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. A copy of this order shall be posted and made available
in a language understood by the sheepherder or goat herder.
Note: Authority cited: Sections
864,
1173,
1182.13 and
2695.1, Labor
Code; and California Constitution, Article XIV, Section
1. Reference: Sections
858,
859,
860,
861,
862,
864,
1182,
1182.12,
1182.13,
1184,
2695.1,
2695.2,
2695.3 and
2695.4, Labor
Code.
Note: Authority cited: Sections
864,
1173 and
1182.13, Labor
Code; and California Constitution, Article XIV, Section
1. Reference: Sections
858,
859,
860,
861,
862,
864,
1182,
1182.12,
1182.13,
1184 and
2695.2, Labor
Code.
