State Codes and Statutes

Statutes > California > Lab > 500-558

LABOR CODE
SECTION 500-558



500.  For purposes of this chapter, the following terms shall have
the following meanings:
   (a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
   (b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
   (c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.



510.  (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section do not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
   (c) This section does not affect, change, or limit an employer's
liability under the workers' compensation law.




511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be 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.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
   (b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
   (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 make a reasonable effort to find a work
schedule not to exceed eight 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 schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. 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) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
   (f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is
null and void, except for an alternative workweek providing for a
regular schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret
ballot election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
   (g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
   (h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
   (i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.



512.  (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 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) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
   (c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) Subdivision (e) applies to each of the following employees:
   (1) An employee employed in a construction occupation.
   (2) An employee employed as a commercial driver.
   (3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
   (4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
   (g) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
   (3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
   (4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
   (5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.



512.5.  (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission adopts or amends an order that applies
to an employee of a public agency who operates a commercial motor
vehicle, it may exempt that employee from the application of the
provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
   (b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
   (c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.




513.  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 towards computing the total number of hours worked in
a day for purposes of the overtime requirements specified in Section
510 or 511, except for hours in excess of 11 hours of work in one day
or 40 hours in one workweek. 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. An 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 week pursuant to this section.



514.  Sections 510 and 511 do not apply to an 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.



515.  (a) The Industrial Welfare Commission may establish exemptions
from the requirement that an overtime rate of compensation be paid
pursuant to Sections 510 and 511 for executive, administrative, and
professional employees, provided that the employee is primarily
engaged in the duties that meet the test of the exemption,
customarily and regularly exercises discretion and independent
judgment in performing those duties, and earns a monthly salary
equivalent to no less than two times the state minimum wage for
full-time employment. The commission shall conduct a review of the
duties that meet the test of the exemption. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to duties that meet the test
of the exemption without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (b) (1) The commission may establish additional exemptions to
hours of work requirements under this division where it finds that
hours or conditions of labor may be prejudicial to the health or
welfare of employees in any occupation, trade, or industry. This
paragraph shall become inoperative on January 1, 2005.
   (2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter any exemption from provisions regulating hours of
work that was contained in any valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate any exemption from provisions regulating
hours of work that was contained in any valid wage order in effect
in 1997.
   (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 purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
   (e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
   (f) (1) In addition to the requirements of subdivision (a),
registered nurses employed to engage in the practice of nursing shall
not be exempted from coverage under any part of the orders of the
Industrial Welfare Commission, unless they individually meet the
criteria for exemptions established for executive or administrative
employees.
   (2) This subdivision does not apply to any of the following:
   (A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
   (B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
   (C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
   (D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).



515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to 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.
   (2) 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.
   (3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming, or software
engineering. A job title shall not be determinative of the
applicability of this exemption.
   (4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00) or, if the employee is paid on a salaried basis, the
employee earns an annual salary of not less than seventy-five
thousand dollars ($75,000) for full-time employment, which is paid at
least once a month and in a monthly amount of not less than six
thousand two hundred fifty dollars ($6,250). The Division of Labor
Statistics and Research shall adjust both the hourly pay rate and the
salary level described in this paragraph 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.
   (b) The exemption provided in subdivision (a) 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 engaged in computer systems analysis, programming, or any
other similarly skilled computer-related 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 onscreen 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
subdivision (a) for the purpose of creating imagery for effects used
in the motion picture, television, or theatrical industry.



515.6.  (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, who is primarily engaged in duties
that require licensure pursuant to Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, and whose
hourly rate of pay is equal to or greater than fifty-five dollars
($55.00). The Division of Labor Statistics and Research shall adjust
this threshold rate of pay each October 1, to be effective the
following January 1, by an amount equal to the percentage increase in
the California Consumer Price Index for Urban Wage Earners and
Clerical Workers.
   (b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.



515.8.  (a) Section 510 does not apply to an individual employed as
a teacher at a private elementary or secondary academic institution
in which pupils are enrolled in kindergarten or any of grades 1 to
12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3) The employee earns a monthly salary equivalent to no less than
two times the state minimum wage for full-time employment.
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity.



516.  Except as provided in Section 512, the Industrial Welfare
Commission may adopt or amend working condition orders with respect
to break periods, meal periods, and days of rest for any workers in
California consistent with the health and welfare of those workers.




517.  (a) The Industrial Welfare Commission shall, at a public
hearing to be concluded by July 1, 2000, adopt wage, hours, and
working conditions orders consistent with this chapter without
convening wage boards, which orders shall be final and conclusive for
all purposes. These orders shall include regulations necessary to
provide assurances of fairness regarding the conduct of employee
workweek elections, procedures for employees to petition for and
obtain elections to repeal alternative workweek schedules, procedures
for implementation of those schedules, conditions under which an
adopted alternative workweek schedule can be repealed by the
employer, employee disclosures, designations of work, and processing
of workweek election petitions pursuant to Parts 2 and 4 of this
division and in any wage order of the commission and such other
regulations as may be needed to fulfill the duties of the commission
pursuant to this part.
   (b) Prior to July 1, 2000, the Industrial Welfare Commission shall
conduct a review of wages, hours, and working conditions in the ski
industry, commercial fishing industry, and health care industry, and
for stable employees in the horseracing industry. Notwithstanding
subdivision (a) and Sections 510 and 511, and consistent with its
duty to protect the health, safety, and welfare of workers pursuant
to Section 1173, the commission may, based upon this review, convene
a public hearing to adopt or modify regulations at that hearing
pertaining to the industries herein, without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
   (c) Notwithstanding subdivision (a) of Section 515, prior to July
1, 2000, the commission shall conduct a review of wages, hours, and
working conditions of licensed pharmacists. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to licensed pharmacists
without convening wage boards. Any hearing conducted pursuant to this
subdivision shall be concluded not later than July 1, 2000.
   (d) Notwithstanding sections 1171 and subdivision (a) of Section
515, the Industrial Welfare Commission shall conduct a review of
wages, hours, and working conditions of outside salespersons. The
commission may, based upon this review, convene a public hearing to
adopt or modify regulations at that hearing pertaining to outside
salespersons without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (e) Nothing in this section is intended to restrict the Industrial
Welfare Commission in its continuing duties pursuant to Section
1173.
   (f) No action taken by the Industrial Welfare Commission pursuant
to this section is subject to the requirements of Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
   (g) All wage orders and other regulations issued or adopted
pursuant to this section shall be published in accordance with
Section 1182.1.


550.  As used in this chapter "day's rest" applies to all situations
whether the employee is engaged by the day, week, month, or year,
and whether the work performed is done in the day or night time.



551.  Every person employed in any occupation of labor is entitled
to one day's rest therefrom in seven.



552.  No employer of labor shall cause his employees to work more
than six days in seven.



553.  Any person who violates this chapter is guilty of a
misdemeanor.


554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven. The requirement respecting the equivalent of one day's
rest in seven shall apply, notwithstanding the other provisions of
this chapter relating to collective bargaining agreements, where the
employer and a labor organization representing employees of the
employer have entered into a valid collective bargaining agreement
respecting the hours of work of the employees, unless the agreement
expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.



555.  Sections 550, 551, 552 and 554 of this chapter are applicable
to cities which are cities and counties and to the officers and
employees thereof.


556.  Sections 551 and 552 shall not apply to any employer or
employee when the total hours of employment do not exceed 30 hours in
any week or six hours in any one day thereof.



558.  (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
   (1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
   (2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
   (3) Wages recovered pursuant to this section shall be paid to the
affected employee.
   (b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
   (c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.


State Codes and Statutes

Statutes > California > Lab > 500-558

LABOR CODE
SECTION 500-558



500.  For purposes of this chapter, the following terms shall have
the following meanings:
   (a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
   (b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
   (c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.



510.  (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section do not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
   (c) This section does not affect, change, or limit an employer's
liability under the workers' compensation law.




511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be 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.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
   (b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
   (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 make a reasonable effort to find a work
schedule not to exceed eight 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 schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. 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) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
   (f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is
null and void, except for an alternative workweek providing for a
regular schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret
ballot election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
   (g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
   (h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
   (i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.



512.  (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 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) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
   (c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) Subdivision (e) applies to each of the following employees:
   (1) An employee employed in a construction occupation.
   (2) An employee employed as a commercial driver.
   (3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
   (4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
   (g) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
   (3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
   (4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
   (5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.



512.5.  (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission adopts or amends an order that applies
to an employee of a public agency who operates a commercial motor
vehicle, it may exempt that employee from the application of the
provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
   (b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
   (c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.




513.  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 towards computing the total number of hours worked in
a day for purposes of the overtime requirements specified in Section
510 or 511, except for hours in excess of 11 hours of work in one day
or 40 hours in one workweek. 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. An 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 week pursuant to this section.



514.  Sections 510 and 511 do not apply to an 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.



515.  (a) The Industrial Welfare Commission may establish exemptions
from the requirement that an overtime rate of compensation be paid
pursuant to Sections 510 and 511 for executive, administrative, and
professional employees, provided that the employee is primarily
engaged in the duties that meet the test of the exemption,
customarily and regularly exercises discretion and independent
judgment in performing those duties, and earns a monthly salary
equivalent to no less than two times the state minimum wage for
full-time employment. The commission shall conduct a review of the
duties that meet the test of the exemption. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to duties that meet the test
of the exemption without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (b) (1) The commission may establish additional exemptions to
hours of work requirements under this division where it finds that
hours or conditions of labor may be prejudicial to the health or
welfare of employees in any occupation, trade, or industry. This
paragraph shall become inoperative on January 1, 2005.
   (2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter any exemption from provisions regulating hours of
work that was contained in any valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate any exemption from provisions regulating
hours of work that was contained in any valid wage order in effect
in 1997.
   (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 purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
   (e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
   (f) (1) In addition to the requirements of subdivision (a),
registered nurses employed to engage in the practice of nursing shall
not be exempted from coverage under any part of the orders of the
Industrial Welfare Commission, unless they individually meet the
criteria for exemptions established for executive or administrative
employees.
   (2) This subdivision does not apply to any of the following:
   (A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
   (B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
   (C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
   (D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).



515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to 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.
   (2) 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.
   (3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming, or software
engineering. A job title shall not be determinative of the
applicability of this exemption.
   (4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00) or, if the employee is paid on a salaried basis, the
employee earns an annual salary of not less than seventy-five
thousand dollars ($75,000) for full-time employment, which is paid at
least once a month and in a monthly amount of not less than six
thousand two hundred fifty dollars ($6,250). The Division of Labor
Statistics and Research shall adjust both the hourly pay rate and the
salary level described in this paragraph 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.
   (b) The exemption provided in subdivision (a) 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 engaged in computer systems analysis, programming, or any
other similarly skilled computer-related 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 onscreen 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
subdivision (a) for the purpose of creating imagery for effects used
in the motion picture, television, or theatrical industry.



515.6.  (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, who is primarily engaged in duties
that require licensure pursuant to Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, and whose
hourly rate of pay is equal to or greater than fifty-five dollars
($55.00). The Division of Labor Statistics and Research shall adjust
this threshold rate of pay each October 1, to be effective the
following January 1, by an amount equal to the percentage increase in
the California Consumer Price Index for Urban Wage Earners and
Clerical Workers.
   (b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.



515.8.  (a) Section 510 does not apply to an individual employed as
a teacher at a private elementary or secondary academic institution
in which pupils are enrolled in kindergarten or any of grades 1 to
12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3) The employee earns a monthly salary equivalent to no less than
two times the state minimum wage for full-time employment.
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity.



516.  Except as provided in Section 512, the Industrial Welfare
Commission may adopt or amend working condition orders with respect
to break periods, meal periods, and days of rest for any workers in
California consistent with the health and welfare of those workers.




517.  (a) The Industrial Welfare Commission shall, at a public
hearing to be concluded by July 1, 2000, adopt wage, hours, and
working conditions orders consistent with this chapter without
convening wage boards, which orders shall be final and conclusive for
all purposes. These orders shall include regulations necessary to
provide assurances of fairness regarding the conduct of employee
workweek elections, procedures for employees to petition for and
obtain elections to repeal alternative workweek schedules, procedures
for implementation of those schedules, conditions under which an
adopted alternative workweek schedule can be repealed by the
employer, employee disclosures, designations of work, and processing
of workweek election petitions pursuant to Parts 2 and 4 of this
division and in any wage order of the commission and such other
regulations as may be needed to fulfill the duties of the commission
pursuant to this part.
   (b) Prior to July 1, 2000, the Industrial Welfare Commission shall
conduct a review of wages, hours, and working conditions in the ski
industry, commercial fishing industry, and health care industry, and
for stable employees in the horseracing industry. Notwithstanding
subdivision (a) and Sections 510 and 511, and consistent with its
duty to protect the health, safety, and welfare of workers pursuant
to Section 1173, the commission may, based upon this review, convene
a public hearing to adopt or modify regulations at that hearing
pertaining to the industries herein, without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
   (c) Notwithstanding subdivision (a) of Section 515, prior to July
1, 2000, the commission shall conduct a review of wages, hours, and
working conditions of licensed pharmacists. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to licensed pharmacists
without convening wage boards. Any hearing conducted pursuant to this
subdivision shall be concluded not later than July 1, 2000.
   (d) Notwithstanding sections 1171 and subdivision (a) of Section
515, the Industrial Welfare Commission shall conduct a review of
wages, hours, and working conditions of outside salespersons. The
commission may, based upon this review, convene a public hearing to
adopt or modify regulations at that hearing pertaining to outside
salespersons without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (e) Nothing in this section is intended to restrict the Industrial
Welfare Commission in its continuing duties pursuant to Section
1173.
   (f) No action taken by the Industrial Welfare Commission pursuant
to this section is subject to the requirements of Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
   (g) All wage orders and other regulations issued or adopted
pursuant to this section shall be published in accordance with
Section 1182.1.


550.  As used in this chapter "day's rest" applies to all situations
whether the employee is engaged by the day, week, month, or year,
and whether the work performed is done in the day or night time.



551.  Every person employed in any occupation of labor is entitled
to one day's rest therefrom in seven.



552.  No employer of labor shall cause his employees to work more
than six days in seven.



553.  Any person who violates this chapter is guilty of a
misdemeanor.


554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven. The requirement respecting the equivalent of one day's
rest in seven shall apply, notwithstanding the other provisions of
this chapter relating to collective bargaining agreements, where the
employer and a labor organization representing employees of the
employer have entered into a valid collective bargaining agreement
respecting the hours of work of the employees, unless the agreement
expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.



555.  Sections 550, 551, 552 and 554 of this chapter are applicable
to cities which are cities and counties and to the officers and
employees thereof.


556.  Sections 551 and 552 shall not apply to any employer or
employee when the total hours of employment do not exceed 30 hours in
any week or six hours in any one day thereof.



558.  (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
   (1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
   (2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
   (3) Wages recovered pursuant to this section shall be paid to the
affected employee.
   (b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
   (c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Lab > 500-558

LABOR CODE
SECTION 500-558



500.  For purposes of this chapter, the following terms shall have
the following meanings:
   (a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
   (b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
   (c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.



510.  (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section do not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
   (c) This section does not affect, change, or limit an employer's
liability under the workers' compensation law.




511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be 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.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
   (b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
   (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 make a reasonable effort to find a work
schedule not to exceed eight 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 schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. 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) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
   (f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is
null and void, except for an alternative workweek providing for a
regular schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret
ballot election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
   (g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
   (h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
   (i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.



512.  (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 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) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
   (c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) Subdivision (e) applies to each of the following employees:
   (1) An employee employed in a construction occupation.
   (2) An employee employed as a commercial driver.
   (3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
   (4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
   (g) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
   (3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
   (4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
   (5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.



512.5.  (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission adopts or amends an order that applies
to an employee of a public agency who operates a commercial motor
vehicle, it may exempt that employee from the application of the
provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
   (b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
   (c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.




513.  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 towards computing the total number of hours worked in
a day for purposes of the overtime requirements specified in Section
510 or 511, except for hours in excess of 11 hours of work in one day
or 40 hours in one workweek. 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. An 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 week pursuant to this section.



514.  Sections 510 and 511 do not apply to an 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.



515.  (a) The Industrial Welfare Commission may establish exemptions
from the requirement that an overtime rate of compensation be paid
pursuant to Sections 510 and 511 for executive, administrative, and
professional employees, provided that the employee is primarily
engaged in the duties that meet the test of the exemption,
customarily and regularly exercises discretion and independent
judgment in performing those duties, and earns a monthly salary
equivalent to no less than two times the state minimum wage for
full-time employment. The commission shall conduct a review of the
duties that meet the test of the exemption. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to duties that meet the test
of the exemption without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (b) (1) The commission may establish additional exemptions to
hours of work requirements under this division where it finds that
hours or conditions of labor may be prejudicial to the health or
welfare of employees in any occupation, trade, or industry. This
paragraph shall become inoperative on January 1, 2005.
   (2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter any exemption from provisions regulating hours of
work that was contained in any valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate any exemption from provisions regulating
hours of work that was contained in any valid wage order in effect
in 1997.
   (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 purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
   (e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
   (f) (1) In addition to the requirements of subdivision (a),
registered nurses employed to engage in the practice of nursing shall
not be exempted from coverage under any part of the orders of the
Industrial Welfare Commission, unless they individually meet the
criteria for exemptions established for executive or administrative
employees.
   (2) This subdivision does not apply to any of the following:
   (A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
   (B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
   (C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
   (D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).



515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to 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.
   (2) 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.
   (3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming, or software
engineering. A job title shall not be determinative of the
applicability of this exemption.
   (4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00) or, if the employee is paid on a salaried basis, the
employee earns an annual salary of not less than seventy-five
thousand dollars ($75,000) for full-time employment, which is paid at
least once a month and in a monthly amount of not less than six
thousand two hundred fifty dollars ($6,250). The Division of Labor
Statistics and Research shall adjust both the hourly pay rate and the
salary level described in this paragraph 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.
   (b) The exemption provided in subdivision (a) 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 engaged in computer systems analysis, programming, or any
other similarly skilled computer-related 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 onscreen 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
subdivision (a) for the purpose of creating imagery for effects used
in the motion picture, television, or theatrical industry.



515.6.  (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, who is primarily engaged in duties
that require licensure pursuant to Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, and whose
hourly rate of pay is equal to or greater than fifty-five dollars
($55.00). The Division of Labor Statistics and Research shall adjust
this threshold rate of pay each October 1, to be effective the
following January 1, by an amount equal to the percentage increase in
the California Consumer Price Index for Urban Wage Earners and
Clerical Workers.
   (b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.



515.8.  (a) Section 510 does not apply to an individual employed as
a teacher at a private elementary or secondary academic institution
in which pupils are enrolled in kindergarten or any of grades 1 to
12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3) The employee earns a monthly salary equivalent to no less than
two times the state minimum wage for full-time employment.
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity.



516.  Except as provided in Section 512, the Industrial Welfare
Commission may adopt or amend working condition orders with respect
to break periods, meal periods, and days of rest for any workers in
California consistent with the health and welfare of those workers.




517.  (a) The Industrial Welfare Commission shall, at a public
hearing to be concluded by July 1, 2000, adopt wage, hours, and
working conditions orders consistent with this chapter without
convening wage boards, which orders shall be final and conclusive for
all purposes. These orders shall include regulations necessary to
provide assurances of fairness regarding the conduct of employee
workweek elections, procedures for employees to petition for and
obtain elections to repeal alternative workweek schedules, procedures
for implementation of those schedules, conditions under which an
adopted alternative workweek schedule can be repealed by the
employer, employee disclosures, designations of work, and processing
of workweek election petitions pursuant to Parts 2 and 4 of this
division and in any wage order of the commission and such other
regulations as may be needed to fulfill the duties of the commission
pursuant to this part.
   (b) Prior to July 1, 2000, the Industrial Welfare Commission shall
conduct a review of wages, hours, and working conditions in the ski
industry, commercial fishing industry, and health care industry, and
for stable employees in the horseracing industry. Notwithstanding
subdivision (a) and Sections 510 and 511, and consistent with its
duty to protect the health, safety, and welfare of workers pursuant
to Section 1173, the commission may, based upon this review, convene
a public hearing to adopt or modify regulations at that hearing
pertaining to the industries herein, without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
   (c) Notwithstanding subdivision (a) of Section 515, prior to July
1, 2000, the commission shall conduct a review of wages, hours, and
working conditions of licensed pharmacists. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to licensed pharmacists
without convening wage boards. Any hearing conducted pursuant to this
subdivision shall be concluded not later than July 1, 2000.
   (d) Notwithstanding sections 1171 and subdivision (a) of Section
515, the Industrial Welfare Commission shall conduct a review of
wages, hours, and working conditions of outside salespersons. The
commission may, based upon this review, convene a public hearing to
adopt or modify regulations at that hearing pertaining to outside
salespersons without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (e) Nothing in this section is intended to restrict the Industrial
Welfare Commission in its continuing duties pursuant to Section
1173.
   (f) No action taken by the Industrial Welfare Commission pursuant
to this section is subject to the requirements of Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
   (g) All wage orders and other regulations issued or adopted
pursuant to this section shall be published in accordance with
Section 1182.1.


550.  As used in this chapter "day's rest" applies to all situations
whether the employee is engaged by the day, week, month, or year,
and whether the work performed is done in the day or night time.



551.  Every person employed in any occupation of labor is entitled
to one day's rest therefrom in seven.



552.  No employer of labor shall cause his employees to work more
than six days in seven.



553.  Any person who violates this chapter is guilty of a
misdemeanor.


554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven. The requirement respecting the equivalent of one day's
rest in seven shall apply, notwithstanding the other provisions of
this chapter relating to collective bargaining agreements, where the
employer and a labor organization representing employees of the
employer have entered into a valid collective bargaining agreement
respecting the hours of work of the employees, unless the agreement
expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.



555.  Sections 550, 551, 552 and 554 of this chapter are applicable
to cities which are cities and counties and to the officers and
employees thereof.


556.  Sections 551 and 552 shall not apply to any employer or
employee when the total hours of employment do not exceed 30 hours in
any week or six hours in any one day thereof.



558.  (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
   (1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
   (2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
   (3) Wages recovered pursuant to this section shall be paid to the
affected employee.
   (b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
   (c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.