CCLME.ORG - DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTERS 1 through 6

(continued)
(C) 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.
(D) 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 work day that the rest period was not provided. 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.
(E) This section shall not apply to any employee covered by a valid collective bargaining agreement if the collective bargaining agreement provides equivalent protection.
12. Seats
Where practicable and consistent with applicable industry-wide standards, all working employees shall be provided with suitable seats when the nature of the process and the work performed reasonably permits the use of seats. This section shall not exceed regulations promulgated by the Occupational Safety and Health Standards Board.
13. Temperature
The temperature maintained in each interior work area shall provide reasonable comfort consistent with industry-wide standards for the nature of the process and the work performed. This section shall not exceed regulations promulgated by the Occupational Safety and Health Standards Board.
14. Elevators
Where practicable and consistent with applicable industry-wide standards, adequate elevators, escalators, 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 sixty (60) feet or more above or below ground level. This section shall not exceed regulations promulgated by the Occupational Safety and Health Board.
15. Exemptions
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 6, Records, Section 11, Rest Periods, Section 12, Seats, Section 13, Temperature, or Section 14, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, an exemption may be made at the discretion of the Division. Such exemption shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for an 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.
16. Filing Reports (See Labor Code, Section 1174(a)).
17. Inspection (See Labor Code, Section 1174.)
18. 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 s 1197.1 for non-payment of wages for overtime work in violation of this order.
(B) 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. (See Labor Code ss 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.
(In addition, see Labor Code, Section 1199.)
19. 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 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 is held to be 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.
[FN1] Labor Code Section 515(e) requires that an employee be "primarily" engaged in exempt work, which means "more than one-half of the employee's work time. Thus the "primary duty" test set forth in federal regulations does not apply.

s 11170. Miscellaneous Employees.
1. Applicability of Order
This wage order implements changes in the law as a result of the Legislature's enactment of the "Eight-Hour-Day Restoration and Workplace Flexibility Act," Stats. 1999, ch. 134 (commonly referred to as AB 60).
(A) Any industry or occupation not previously covered by, and all employees not specifically exempted in, the Commission's wage orders in effect in 1997, or otherwise exempted by law, are covered by this order.
(B) Except as provided in subsection (C), an employee in the computer software field who is paid on an hourly basis shall be exempt from the daily overtime pay provisions of California Labor Code Section 510, if all of the following apply:
(1) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment, and the employee is primarily engaged in duties that consist of one or more of the following:
(a) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.
(b) 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.
(c) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
(2) 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.
(3) The employee's hourly rate of pay is not less than forty-one dollars ($41.00). The Division of Labor Statistics and Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
(C) The exemption provided in subsection (B) does not apply to an employee if any of the following apply:
(1) 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.

(2) 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.
(3) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.
(4) 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.
(5) 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.
(6) The employee is engaged in any of the activities set forth in subsection (B) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.
(D) The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.)
2. Definitions
(A) An "Alternative workweek schedule" means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.
(B) "Shift" means designated hours of work by an employee, with a designated beginning time and quitting time.
(C) "Workday" and "day" mean any consecutive 24-hour period beginning at the same time each calendar day.
(D) "Workweek" and "week" mean 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. Administrative, Executive, and Professional Employees
The following provisions 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 that meet the tests of the exemption are one of the following set of conditions:
(A) The employee is engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment, or
(B) 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.
(C) For the purposes of this section, "Full-time employment" means employment in which an employee is employed for 40 hours per week.
(D) For the purposes of this section, "primarily" means more than one-half (1/2) of the employee's work time.
4. Daily Overtime - General Provisions
The following overtime provisions are applicable to employees eighteen (18) years of age or over and to employees 16 or 17 years of age who are not required by law to attend school, and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 1/2) times such employee's regular rate of pay for all hours worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day's work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:
(A) One and one-half (1 1/2) times the employee's regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (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.
5. Alternative Workweek
(A) 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 (1) 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.
(B) 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.
(C) 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.
(D) 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.
(E) 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.

(F) 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.
(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 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) 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 Division of Labor Statistics and Research by January 1, 2001, in accordance with the requirements of Election Procedures Section F. New arrangements can be entered into pursuant to the provisions of this section.

Election Procedures
(A) 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.
(B) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held during regular working hours at the employees' work site. For purposes of this subsection, "affected employees in the work unit" may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection is met.
(C) 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. The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this section shall make the election null and void;
(D) Any election to establish or repeal an alternative workweek schedule shall be held during regular working hours 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.

(E) Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds (2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less that 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.
(F) 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 Division of Labor Statistics and Research 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.
(G) Employees affected by a change in 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.
(H) Employers shall not intimidate or coerce employees to vote either in support 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 subsection shall be subject to Labor Code Section 98 et seq.
6. Minors
VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school districts about any required work permits.
7. Collective Bargaining Agreements
(A) Sections 4 and 5, of this order shall not apply to any employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
(B) Notwithstanding Section 7(A), 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 day's rest in seven (7) (see Section 5(I) above) shall apply, unless the agreement expressly provides otherwise.
8. Make Up Time

(A) 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 day or 40 hours of work in one workweek. If an employee knows in advance that he or 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 section. 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 section.
9. 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 employer and 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.
(B) 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 work day that the meal period is not provided.
10. Penalties
In addition to any other civil or criminal penalty 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 a civil penalty of:
(A) 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.
(B) 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 recover underpaid wages.
(C) The affected employee shall receive payment of all wages recovered.
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.
11. 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.
12. Posting of Order
Every employer shall keep a copy of this order posted in an area frequented by employees where it may easily be 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.
This Order, as revised becomes effective on January 1, 2001.

Note: Authority cited: Section 1173, Labor Code; and California Constitution Article XIV, Section 1. Reference: Sections 1182 and 1184, Labor Code

s 11530. Definitions.
As used in these rules:
(a) "Commission" means the Industrial Welfare Commission of the State of California.
(b) "Wage board" means a wage board appointed by the Industrial Welfare Commission pursuant to Sections 1178 and 1178.5 of the California Labor Code and these rules. Such wage board may consider labor standards other than wages, as directed by the Commission.
(c) "Member" means any chairperson or employer or employee representative on a wage board.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 70, 1178, 1178.5 and 1179, Labor Code.

s 11531. Selection and Appointment of Members.
(a) Any interested person may submit to the Commission the names of individuals whom that person believes to be qualified to serve as wage board members.
(b) The Commission shall appoint alternates to serve in the event that a vacancy is created by any member's inability to serve, from any cause. Such alternate may be called upon for active service by any Commissioner or staff member designated by the chairperson of the Commission. An alternate member so appointed shall function as if originally appointed.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 1178, 1178.5, and 1179, Labor Code.

s 11532. Convening of Wage Board.
(a) The wage board shall meet at the time and place designated by the commission.
(b) At least 30 days prior to the date the wage board first meets, the commission shall publish a notice of the date, time, and place of the first meeting of a wage board in the California Regulatory Notice Register and shall send such notice to each person and organization on its regular mailing list.
(c) The chairperson shall be present at all meetings of the wage board to which he or she is appointed. An alternate chairperson may be designated by the Commission to serve in the event that the chairperson originally appointed is unable to serve.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 1178, 1178.5, and 1179, Labor Code.

s 11533. Quorum and Vote.
(a) Each employer representative and employee representative on the wage board shall have one vote. The chairperson shall not vote but may participate in discussion.
(b) Fifty percent of the appointed voting members on each wage board shall constitute a quorum.
(c) Any recommendation reported by the wage board to the Commission as having been supported by two-thirds of the members of the wage board shall be accompanied by the record of a roll call vote and shall be computed as whole votes totalling not less than 66 2/3 percent of the total number voting members appointed to the wage board.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 1178.5, 1179 and 1182, Labor Code.

s 11534. Evidence and Argument to Be Submitted to Wage Board.
(a) Each wage board shall consider such data as is submitted to it by the Commission. Additional information necessary to the deliberations of the wage board shall be furnished by the Commission upon request of the chairperson of the wage board, insofar as feasible. Any documentary material used by the wage board shall become a part of the record and shall be delivered to the Commission with the report of recommendations.
(b) Any interested person may file information or argument in writing with the commission for presentation to the wage board. Any person submitting written materials shall supply copies for each member of the pertinent wage board and ten (10) additional copies for the Commission and staff. Such written material must be received at the Commission office, P.O. Box 603, San Francisco, California, 94101, at least fifteen (15) days prior to the first meeting of the wage board as designated in the public notice.
(c) Immediately upon its receipt the Commission shall deliver to the wage board for its consideration all written materials received in accordance with section 11534(b).
(d) Oral presentations shall not be accepted from members of the public during wage board conferences. If any wage board, by unanimous vote, determines that oral testimony is necessary to its deliberations, the chairperson may ask the Commission to subpoena a witness, in accordance with Labor Code section 1176.

Note: Authority cited: Sections 1173 and 1179, Labor Code. Reference: Sections 1173, 1176, 1178, 1178.5 and 1179, Labor Code.

s 11535. Scope of Wage Board's Deliberations.
(a) The Commission shall define the scope of the industry, trade, or occupation to be considered by each wage board. Any person may, at any time, recommend to the Commission that the scope and definition of the industry, trade, or occupation designated by the Commission be enlarged, modified, or restricted.
(b) The wage board shall limit its deliberations to those matters specified by the Commission in its charge to the wage board.

Note: Authority cited: Sections 1173 and 1179, Labor Code. Reference: Sections 1173, 1178.5 and 1179, Labor Code.

s 11536. Progress Report to Commission.
When called upon by the commission, the wage board shall furnish reports relating to its activities, and such other information as is requested.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 1178.5, 1180 and 1182, Labor Code.

s 11537. Record and Report of Wage Board.
(a) The chairperson of each wage board shall submit a written report to the Commission, which shall be the official record of the wage board's proceedings. This record shall include the time and place of all meetings, the members present and participating, the motions, votes and other significant proceedings.
(b) The chairperson's report shall contain recommendations of the wage board on matters referred to the wage board by the Commission, together with statements of the reasons for such recommendations, or alternatively shall include a statement explaining why no recommendation could be made. Any recommendation reported to have been supported by two-thirds of the members shall be recorded as provided in section 11533(c) of these rules.
(c) The chairperson shall submit such report to the Commission within 45 days after the wage board's last meeting, and copies of the report shall then be sent by the Commission's office to all members of the wage board.
(d) Members dissenting from the report submitted by the chairperson may collectively or individually submit signed reports stating the reasons for their dissent.

Note: Authority cited: Section 1179, Labor Code. Reference: Sections 1178.5, 1180 and 1182, Labor Code.

s 11538. Amending Rules and Interpretation of Rules.
Any question concerning the interpretation of these rules and any question of jurisdiction shall, in the event of dispute, be referred to the Commission for decision. The Commission may amend, modify, or suspend any of the foregoing rules and regulations.
__________

Note: Authority cited: Section 1179, Labor Code. Reference: Section 1179, Labor Code.

<<(Chapter Originally Printed 9-14-45)>>

s 11701. Prohibited Occupations.
The following occupations are sufficiently dangerous to the lives and limbs and injurious to the health and morals of children under 16 years of age to justify their exclusion therefrom:
(a) All occupations where such children come in close proximity to moving machinery.
(b) All building or construction work of any kind.
(c) Delivering goods, merchandise, commodities, papers or packages from motor vehicles.
Note: Sections 11701 to 11705, inclusive, issued under the authority contained in Section 1296, Labor Code. Source of Sections 11701 to 11705, inclusive, is the Rules and Regulations issued by the Division of Labor Law Enforcement.

s 11702. No Child Under 16 Years of Age Shall Work in Prohibited Occupations.
No child under 16 years of age shall be employed, permitted or suffered to work in any of said occupations.
(Child Labor Order No. 1, Effective May 8, 1928.)

s 11703. Further Prohibited Occupations.
The following occupations are sufficiently dangerous to the lives or limbs or injurious to the health or morals of minors under 16 years of age to justify their exclusion therefrom:
All occupations in or about any plant manufacturing explosives or articles containing explosive components, and all occupations in the transportation and sale of explosives or articles containing explosive components.

s 11704. No Child Under 16 Years of Age Shall Work in Prohibited Occupations.
No child under 16 years of age shall be employed, permitted or suffered to work in any of said occupations.

s 11705. Scope of Regulations and Definitions.
For the purpose of these regulations the term "minors" shall be defined in accordance with Section 1286(c) of the Labor Code; except that, with respect to the number of hours a minor may be allowed to work, "minor" shall include those minors under six (6) years of age.

Note: Authority cited: Sections 55, 59, 1296 and 1398, Labor Code. Reference: Sections 1286(c) and 1391.2, Labor Code.

s 11706. Dangerous Activities and Occupations for Minors Under the Age of Sixteen (16) Years.
Dangerous activities and occupations for minors under the age of sixteen (16) years are determined to be as follows:
(a) Door-to-door selling of newspaper or magazine subscriptions, or of candy, cookies, flowers or other merchandise or commodities, unless the following conditions are met:
(1) Minors so engaged work in pairs, as a team, on the same or opposite side of the street;
(2) Minors so engaged shall be supervised by an adult supervisor for each crew of ten (10) or fewer minors;
(3) Such minors shall be within the sight or sound of the adult supervisor at least once every fifteen (15) minutes;
(4) Such minors shall be returned to their respective homes or places of rendezvous daily after each day's work.
(b) Selling to passing motorists of newspapers, candy, flowers, or other merchandise or commodities from a fixed location on a street, highway or freeway island or divider, or freeway on or off ramp, or the side of a freeway or highway entrance or exit shoulder.

Note: Authority cited: Sections 55, 59, 1296 and 1311, Labor Code. Reference: Section 1308(a)(4), Labor Code.

s 11706.1. Definition of "Door-to-Door" Selling.
"Door-to-door" selling within the meaning of Section 11706 shall include selling by such minors, either alone or in pairs or teams, in parking lots, or malls.

Note: Authority cited: Sections 55, 59, 1296 and 1311, Labor Code. Reference: Sections 1296 and 1308(a)(4), Labor Code.

s 11706.2. Non-Abridgement of Rights of Regular News Carrier of Newspapers.
Nothing in Section 11706 shall prohibit or abridge the right of a minor to solicit subscriptions to, or to sell newspapers door-to-door, or prohibit or abridge the right of any person to so engage or employ a minor when such minor is a regular news carrier of such newspaper and delivers such newspaper on a regular basis to an established readership for a requested consideration.

Note: Authority cited: Sections 55, 59, 1296 and 1311, Labor Code. Reference: Section 1298, Labor Code.

s 11707. Further Dangerous Activities for Minors Under the Age of 16.
Further dangerous activities for minors under the age of 16 are determined to be as follows:
Working in close proximity to explosives or the functioning parts of unguarded and dangerous moving equipment, aircraft or vessels, or of functioning blades or propellers.

Note: Authority cited: Sections 55, 59, 1296 and 1311, Labor Code. Reference: Sections 1293 and 1296, Labor Code.

(Effective 4-2-45)

s 11750. Scope of Regulations and Definitions.
(a) For the purpose of these regulations the term "minors" shall be defined in accordance with Section 1286(c) of the Labor Code; except that, with respect to the number of hours a minor may be allowed to work, "minor" shall include those minors under six (6) years of age.

Note: Authority cited: Sections 55, 59 and 1311, Labor Code. Reference: Sections 1286(c) and 1391.2, Labor Code.

s 11751. Entertainment Industry Defined; Employment of Minors in the Entertainment Industry.
(a) The Entertainment Industry, hereinafter referred to as the employer, shall be defined as any organization, or individual, using the services of any minor in: Motion pictures of any type (e.g. film, videotape, etc.), using any format (theatrical film, commercial, documentary, television program, etc.) by any medium (e.g. theater, television, videocassette, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public.
(b) Any employer in the Entertainment Industry desiring to employ minors in any such work or activity which is not hazardous or detrimental to the health, safety, morals or education of such minors shall make an application to the Division for a Permit to Employ Minors in such work or activity. In determining what is hazardous or detrimental to "morals" within the meaning of these regulations, due regard shall be given to the acts proscribed by Sections 311 through 314 of the California Penal Code.

Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Sections 1396 and 1397, Labor Code.

s 11752. Issuance of Permit to Employ Minor.
The Division of Labor Standards Enforcement (hereinafter called "Division") shall issue a "Permit to Employ Minors" if the conditions as to permissible work or activity, as prescribed by Sections 11701, 11703, 11705, and 11707 of this Article, are satisfied.

Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Sections 1396, 1397 and 1398, Labor Code.

s 11753. Procedure for Obtaining Entertainment Work Permit by Minor.
(a) A minor desiring to be employed in the entertainment industry must obtain an Entertainment Work Permit. The application for permit can be obtained at any of the Division's District offices. The minor must provide the information called for on the application, to-wit: his/her name, age, birth date, address, sex, height, weight and color of hair and eyes. In addition, such minor must obtain verification in writing from the appropriate school district of the minor's school record and attendance, and must satisfactorily meet the requirements of that school district with respect to age, school record, attendance and health. Such verification of school record and attendance and proof that the school district's requirements with respect to age, school record, attendance and health have been met must be filed with the Division, concurrently with the filing of the application. Such verification and proof may be in any form as provided by the school district if reasonably demonstrative of the information required to be furnished by this subsection. The Division may require in appropriate cases a physical examination of the minor to ensure that the minor's physical condition permits the minor to perform the work or activity called for by the Permit to Employ Minor and Entertainment Work Permit.
(b) Upon the filing by a minor with the Division of a completed Application for Entertainment Work Permit satisfying the requirements of this Section, the Division shall issue an Entertainment Work Permit to such minor. Such permit shall permit the minor to work only under the conditions prescribed by these regulations and in conformity with all provisions of law governing the working hours, health, safety, morals and other conditions of employment of minors. The permit shall be for a period not to exceed six (6) months, and application for renewal must be made in the same manner and under the same conditions as the original permit.

Note: Authority cited: Sections 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1308.5, 1396 and 1397, Labor Code.

s 11754. Blanket Permits.
Blanket permits may be secured by the employer under the following conditions and/or limitations:
(a) Groups and organizations of minors may be granted blanket rather than individual permits.
(b) Blanket permits shall be valid only for the particular production for which issued and only for the periods of time limited therein.
(c) Application for a blanket permit must be supported by satisfactory evidence that appropriate services of studio teachers will be provided. Special arrangements may be made for the number of studio teachers required with groups of minors numbering one hundred (100) or more.
(d) An application for a blanket permit must be supported by proof that the minors covered by such permits are covered by workers' compensation insurance.
(e) There must be a parent or guardian for every twenty (20) minors, or fraction thereof.

Note: Authority cited: 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1308.5, 1396, 1397 and 3600, Labor Code.

s 11755. Studio Teacher; Definition and Certification.
(a) A studio teacher within the meaning of these regulations must be a certificated teacher who holds one California teaching credential listed in paragraphs (1) through (4) of subsection (d) of this section and one California teaching credential listed in paragraphs (5) through (7) of subsection (d) of this section which are valid and current, and who has been certified by the Labor Commissioner. The teaching credential listed in (5) or (6) of subsection (d) of this section must be in one of the following subject areas: English, Math, Social Science, Science or Foreign Language.
(b) Certification by the Labor Commissioner shall be for a maximum three-year period, not to exceed the earliest expiration date of any one of the qualifying teaching credentials submitted in support of certification. A written examination will be required of the studio teacher by the Labor Commissioner at the time of certification or renewal. Such examination shall be designed to ascertain the studio teacher's knowledge of the labor laws and regulations of the State of California as they apply to the employment of minors in the entertainment industry. In addition, each studio teacher applicant will be required to successfully complete a twelve-hour course of instruction designed by the Labor Commissioner to instruct the applicant in the duties and responsibilities of the studio teacher. Every studio teacher, as a condition of renewal of certification by the Labor Commissioner, must complete three hours of instruction in a class designed by the Labor Commissioner to ensure that the studio teacher remains abreast of any changes in the laws and regulations and duties and responsibilities of the studio teacher.
(c) For the purpose of this section:
(1) "English" means composition, creative writing, debate, forensics, humanities, journalism, language arts, literature, public speaking, speech (oral communication), writing, and other subjects with content related to English.
(2) "Math" means algebra, calculus, geometry, mathematical analysis, number systems, probability and statistics, trigonometry, and other subjects with content related to mathematics.
(3) "Social Science" means American government and politics, anthropology, comparative government, economics, ethnic studies, European history, geography, government, history, humanities/cultural studies, international politics, psychology, sociology, United States history, world history, and other subjects with content related to social science.
(4) "Science" means astronomy, biology, botany, chemistry, conservation, general science, geology, physics, physiology, zoology and other subjects with content related to science.

(5) "Foreign Language" means any language other than English.
(d) The California teaching credentials which satisfy subsection (a) are as follows:
(1) A Multiple Subject credential issued under the provisions of the Teacher Credentialing Law of 1988, Education Code Sections 44200, et seq., as amended (commonly known as the Bergeson Act), or issued under the provisions of the Teacher Preparation and Licensing Act of 1970, Education Code Sections 44200 et seq., (commonly known as the Ryan Act) as amended;
(2) An Elementary credential issued under the provisions of the Education Code in effect prior to the enactment of the Ryan Act, (former Education Code Sections 13101 et seq., commonly known as the Fisher Act; a so-called "Standard Credential");
(3) An Early Childhood Education credential issued under the provisions of the Education Code in effect prior to the enactment of the Ryan Act, (former Education Code Sections 13101 et seq., commonly known as the Fisher Act; a so-called "Standard Credential");

(4) An Elementary credential issued under the provisions of the Education Code in effect prior to the enactment of the Fisher Act (former Education Code Sections 12025 et seq., as amended; a so-called "General Credential");
(5) A Single Subject credential issued under the provisions of the Teacher Credentialing Law of 1988, Education Code Section 44200, et seq., as amended (commonly known as the Bergeson Act), or issued under the provisions of the Teacher Preparation and Licensing Act of 1970, Education Code Sections 44200 et seq., (commonly known as the Ryan Act) as amended, in one of the following subject areas: English, Math, Social Science, Science or Foreign Language; (continued)