Table Of Contents
PREFACE
CHAPTER 1 INTRODUCTION
1.1 GENERAL SCOPE
1.2 USE BY GOVERNMENT EMPLOYERS
1.3 LITIGATION CONCERNING 1980 WAGE ORDERS
1.4 SUMMARY OF CHANGES MADE BY 1980 WAGE ORDERS
1.5 CHANGES IN WAGE ORDERS BETWEEN 1980 AND 1999
1.6 SUMMARY OF CHANGES MADE IN 2000 BY AB 60 AND THE 2001 WAGE ORDERS
1.7 WAGE ORDER AMENDMENTS AFTER 2001
1.8 PRIVATE RIGHT OF ACTION
1.9 COMPUTER SOFTWARE EMPLOYEES AND ADVANCED PRACTICE NURSES — SB 88
1.10 LEGAL CITATIONS AND ABBREVIATIONS
CHAPTER 2 COVERAGE OF WAGE AND HOUR LAWS
2.1 GENERAL PRINCIPLES
2.2 FLSA COVERAGE
2.3 COVERAGE UNDER CALIFORNIA WAGE ORDERS
2.4 GOVERNMENT CONTRACTORS
2.5 GARMENT MANUFACTURING AND REGISTRATION
2.6 INDUSTRIAL HOMEWORK
2.7 INDEPENDENT WHOLESALE SALES REPRESENTATIVES
2.8 PROPERTY SERVICE WORKERS PROTECTION LAW
2.9 OTHER SOURCES OF WAGE AND HOUR REGULATION
2.10 INDUSTRIAL WELFARE COMMISSION
2.11 DIVISION OF LABOR STANDARDS ENFORCEMENT
CHAPTER 3 EMPLOYMENT RELATIONSHIP
3.1 LIMITATION OF COVERAGE TO EMPLOYEES
3.2 COMMON RELATIONSHIPS
3.3 JOINT EMPLOYMENT RELATIONSHIP
3.4 INTEGRATED ENTERPRISES
CHAPTER 4 MAXIMUM HOURS
4.1 GENERAL PRINCIPLES
4.2 MEAL PERIODS
4.3 REST PERIODS
4.4 LACTATION ACCOMMODATION
4.5 MINORS
CHAPTER 5 EMPLOYMENT OF MINORS
5.1 INTRODUCTION
5.2 STATE LAWS REGULATING THE EMPLOYMENT OF MINORS
5.3 STATE PROHIBITIONS AGAINST THE EMPLOYMENT OF MINORS
5.4 FLSA CHILD LABOR PROVISIONS
CHAPTER 6 MINIMUM WAGES
6.1 GENERAL PRINCIPLES
6.2 FEDERAL MINIMUM WAGE
6.3 FLSA MINIMUM WAGE EXEMPTIONS
6.4 STATE MINIMUM WAGE
6.5 CALIFORNIA MINIMUM WAGE EXEMPTIONS
6.6 EXEMPTIONS COMMON TO BOTH FEDERAL AND STATE LAW
6.7 TIPPED EMPLOYEES
6.8 MEALS AND LODGING
6.9 SPLIT-SHIFT PREMIUMS
6.10 STATE PENALTIES FOR MINIMUM WAGE OFFENSES
6.11 FLSA CIVIL PENALTIES
6.12 MINIMUM WAGE AUDITS
6.13 MINIMUM WAGE CHART
6.14 EFFECTIVE DATES OF MINIMUM WAGE CHANGES
6.15 INTERRELATIONSHIP BETWEEN FEDERAL AND STATE MINIMUM WAGES
6.16 LOCAL MINIMUM WAGE RULES
CHAPTER 7 HOURS WORKED
7.1 RELEVANCE OF HOURS WORKED
7.2 GENERAL PRINCIPLES
7.3 WAITING TIME
7.4 ON-CALL (“STANDBY”) TIME
7.5 REST AND RECOVERY PERIODS
7.6 MEAL PERIODS
7.7 RECESSES
7.8 SLEEPING TIME
7.9 PREPARATORY AND CONCLUDING ACTIVITIES
7.10 LECTURES, MEETINGS, AND TRAINING PROGRAMS
7.11 TRAVEL TIME
7.12 ADJUSTING GRIEVANCES
7.13 MEDICAL ATTENTION
7.14 WORK ON CIVIC OR CHARITABLE MATTERS
7.15 REPORTING-TIME PAY (“SHOW-UP PAY”)
7.16 SHORT-SHIFT PENALTY
7.17 GAP TIME
7.18 TIMEKEEPING
CHAPTER 8 OVERTIME COMPENSATION
8.1 OVERTIME PREMIUMS
8.2 OVERTIME LIABILITY
8.3 INCIDENTS GIVING RISE TO OVERTIME LIABILITY
8.4 OVERTIME LIABILITY CHART
8.5 COMPENSATORY TIME OFF
8.6 MAKE-UP TIME
8.7 EXCHANGING SHIFTS AND MAKING UP TIME
8.8 CHILD LABOR LAWS
8.9 THE “WORKWEEK”
8.10 THE “WORKDAY”
8.11 OVERTIME EXEMPTION LISTS
8.12 THE “REGULAR RATE”
8.13 “STATUTORY EXCLUSIONS” FROM THE REGULAR RATE
8.14 CREDITS AGAINST OVERTIME PAY
8.15 PAYMENTS FOR CALL-BACKS AND OTHER OVERTIME WORK
8.16 EXAMPLES OF OVERTIME COMPUTATION
CHAPTER 9 ALTERNATIVE SCHEDULING ARRANGEMENTS
9.1 INTRODUCTION
9.2 ADVANTAGES OF ALTERNATIVE WORK SCHEDULES
9.3 THE RESTRICTIONS ESTABLISHED BY CALIFORNIA’S DAILY OVERTIME RULES
9.4 THE EFFECT OF AB 60 ON SCHEDULING FLEXIBILITY
9.5 HISTORY OF CALIFORNIA’S ALTERNATIVE WORK SCHEDULE RULES — FROM 1976 TO 2000
9.6 PERMISSIBLE WORK SCHEDULE OPTIONS
9.7 THE IMPLEMENTATION PROCESS
9.8 AWS OVERTIME STANDARDS
9.9 REPEAL OF AWSs
9.10 TERMINATION OF AN AWS BY EMPLOYERS
9.11 REGULAR RATE REDUCTIONS
9.12 GRANDFATHER RULE FOR INDIVIDUALS WORKING VOLUNTARY SCHEDULES IN 1999
9.13 NULLIFICATION OF CERTAIN PRE-2000 ARRANGEMENTS BY AB 60
9.14 GRACE PERIOD FOR HEALTH CARE EMPLOYERS
9.15 GRANDFATHER PROTECTION FOR PRE-1998 ARRANGEMENTS
9.16 HEALTH CARE INDUSTRY RULES
9.17 PRELIMINARY CONSIDERATIONS
9.18 14-DAY WORK PERIOD
9.19 UNION EMPLOYEES
9.20 WAGE ORDER 16
9.21 ROLE OF COUNSEL
9.22 OVERTIME-BASED 12-HOUR SHIFT PROGRAMS
9.23 RELATED CONSIDERATIONS FOR ALTERNATIVE WORKWEEK SCHEDULES
9.24 PREEXISTING WORKWEEK ARRANGEMENTS
CHAPTER 10 EXEMPTIONS
10.1 GENERAL DISCUSSION
10.2 “WHITE-COLLAR” EXEMPTIONS
10.3 STATE WHITE-COLLAR EXEMPTIONS
10.4 FEDERAL WHITE-COLLAR EXEMPTIONS
10.5 OUTSIDE SALES EMPLOYEES
10.6 COMBINING EXEMPTIONS
10.7 PHARMACISTS
10.8 DOMESTIC EMPLOYEES
10.9 PERSONAL ATTENDANTS AND COMPANIONS
10.10 HIGHLY-SKILLED COMPUTER-RELATED OCCUPATIONS
10.11 EMPLOYEES RECEIVING REMEDIAL EDUCATION
10.12 CRIMINAL INVESTIGATORS
10.13 GOVERNMENT EMPLOYEES
10.14 EMPLOYEES WORKING IN FOREIGN COUNTRIES
10.15 NONRESIDENT EMPLOYEES WORKING IN CALIFORNIA
10.16 OTHER EXEMPTIONS
CHAPTER 11 STATE AND LOCAL GOVERNMENT EMPLOYERS
11.1 INTRODUCTION TO CHAPTER
11.2 CHRONOLOGICAL CHART OF FLSA EVENTS
11.3 SPECIAL CONSIDERATIONS FOR PUBLIC EMPLOYERS
11.4 FAIR LABOR STANDARDS AMENDMENTS OF 1985
11.5 WHITE COLLAR EXEMPTIONS
11.6 MULTIPLE JOB RELATIONSHIPS AND JOINT EMPLOYMENT
11.7 COMPENSATORY TIME OFF
11.8 VOLUNTEER WORK
11.9 FIRE PROTECTION AND LAW ENFORCEMENT PERSONNEL
11.10 LEGISLATIVE EMPLOYEES
11.11 STATE LAW RULES
CHAPTER 12 PAYMENT OF WAGES
12.1 TIME OF PAYMENT OF WAGES
12.2 PAYMENT WITH BAD CHECKS
12.3 PAYDAY NOTICE
12.4 OUT-OF-STATE EMPLOYERS
12.5 HEALTH, WELFARE, PENSION, AND OTHER FUNDS
12.6 DIRECT DEPOSITS AND PAYROLL CARD PROGRAMS
12.7 DEDUCTIONS FOR CASH SHORTAGES AND BREAKAGE
12.8 UNIFORMS, TOOLS, AND EQUIPMENT
12.9 PAYROLL DEDUCTIONS AND WITHHOLDING OF WAGES
12.10 SETOFFS AGAINST WAGES
12.11 ITEMIZED STATEMENTS
12.12 VACATIONS
12.13 SICK LEAVE RULES
12.14 SEVERANCE PAY
12.15 LATENESS DEDUCTIONS
12.16 COMMISSION COMPENSATION ARRANGEMENTS
12.17 BONUS ARRANGEMENTS
12.18 CHANGES IN COMPENSATION
12.19 INDEMNIFICATION
CHAPTER 13 RECORDS, POSTING AND NEW-HIRE NOTIFICATION REQUIREMENTS
13.1 STATE REQUIREMENTS
13.2 FLSA REQUIREMENTS
13.3 WHITE-COLLAR EXEMPTIONS
13.4 EMPLOYEES PAID COMMISSIONS
13.5 ADDITIONAL RECORD-KEEPING
13.6 LOCATION OF RECORDS
13.7 TIMEKEEPING
13.8 FURNISHING ITEMIZED WAGE STATEMENTS
13.9 WAGE THEFT PREVENTION ACT
13.10 FMLA RECORD-KEEPING RULES
13.11 POSTING REQUIREMENTS
CHAPTER 14 GENERAL
14.1 EQUAL PAY LAWS
14.2 COST OF MEDICAL EXAMINATIONS
14.3 UNIFORMS
14.4 TOOLS AND EQUIPMENT
14.5 DEPOSITS
14.6 INSPECTION OF PERSONNEL FILES AND PAYROLL RECORDS
14.7 POLYGRAPH EXAMINATIONS
14.8 VOICE STRESS ANALYZERS AND WIRETAPS
14.9 RECORDING OF CONFIDENTIAL COMMUNICATIONS
14.10 GRATUITIES
14.11 PATRONIZING EMPLOYERS
14.12 DISCLOSURE OF WAGES OR WORKING CONDITIONS
14.13 CONTRACTS FOR PERSONAL SERVICES
14.14 CHANGE ROOMS AND LOCKERS
14.15 SUITABLE SEATS AND RESTING FACILITIES
14.16 GARNISHMENT OF WAGES
14.17 ALCOHOL AND DRUG REHABILITATION
14.18 EMPLOYEE LITERACY EDUCATION ASSISTANCE ACT
14.19 DISCIPLINE RESULTING FROM AN INVESTIGATION
14.20 JURY DUTY, WITNESSES, AND DOMESTIC VIOLENCE VICTIMS
14.21 EMPLOYMENT PRIVILEGES
14.22 WHISTLEBLOWER PROTECTIONS
14.23 RETALIATION
14.24 WORKERS’ COMPENSATION
14.25 MEDICAL BENEFITS
14.26 POLITICAL AFFILIATIONS
14.27 SEXUAL ORIENTATION DISCRIMINATION
14.28 EMERGENCY FIREFIGHTER, RESERVE POLICE OFFICER, AND RESCUE DUTY
14.29 SCHOOL APPEARANCES BY PARENTS
14.30 FAMILY SCHOOL PARTNERSHIP ACT
CHAPTER 15 ENFORCEMENT
15.1 GENERAL RULES
15.2 ADMINISTRATIVE RULINGS
15.3 WAGE AND HOUR AUDITS
15.4 WAGE CLAIMS
15.5 PRIVATE ATTORNEYS GENERAL ACT OF 2004
15.6 UNFAIR COMPETITION LAW
15.7 REPRISALS
APPENDIX A PROVISIONS OF FEDERAL REGULATIONS IN 29 C.F.R. PART 541 INCORPORATED BY REFERENCE WITHIN IWC’S 2000 WAGE ORDERS
APPENDIX B SAMPLE MEAL PERIOD WAIVER FOR HEALTHCARE EMPLOYEES WORKING SHIFTS IN EXCESS OF TEN HOURS
APPENDIX C SAMPLE AGREEMENT FOR ON-DUTY MEAL PERIOD
APPENDIX D SAMPLE WORKDAY NOTICE
APPENDIX E SAMPLE WORKWEEK NOTICE
APPENDIX F SAMPLE PAYDAY NOTICE
APPENDIX G SAMPLE TIME CARD ACKNOWLEDGEMENTS FOR MEAL AND REST PERIODS
APPENDIX H SAMPLE MAKE-UP TIME REQUEST
APPENDIX I SAMPLE MAKE-UP TIME POLICY
APPENDIX J UNIFORMS – AN EXPLANATION OF INDUSTRIAL WELFARE COMMISSION REGULATIONS
APPENDIX K OFFICES OF THE DIVISION OF LABOR STANDARDS ENFORCEMENT (DLSE)
APPENDIX L POLICIES & PROCEDURES FOR WAGE CLAIM PROCESSING
APPENDIX M DLSE INTERPRETIVE BULLETIN NO. 85-3 REGARDING “DEDUCTIONS FROM EMPLOYEE WAGES”
APPENDIX N DLSE INTERPRETIVE BULLETIN NO. 86-3 REGARDING VACATION PAY
APPENDIX O DLSE ENFORCEMENT MEMORANDUM ON “SEVERANCE PAY CLAIMS”
APPENDIX P COEFFICIENT TABLE OF U.S. DEPARTMENT OF LABOR
APPENDIX Q WHICH IWC ORDER? CLASSIFICATIONS
APPENDIX R DIVISION OF LABOR STANDARDS ENFORCEMENT LETTER DATED MARCH 1, 2002 RE: SALARY REQUIREMENTS FOR EXEMPT EMPLOYEES
APPENDIX S STATEMENT AS TO THE BASIS FOR AMENDMENTS TO WAGE ORDER NO. 5 REGARDING EMPLOYEES WORKING IN GROUP HOMES
APPENDIX T WAGE AND HOUR DIVISION OPINION ON EXEMPTIONS
APPENDIX U LABOR CODE INDEX
APPENDIX V CASE TABLE
SUBJECT INDEX
