California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 16 - ON-SITE OCCUPATIONS › Section 11160 - Wages, Hours and Working Conditions for Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
Applicability of Order
This order shall apply to all persons employed in the on-site occupations of
					 construction, including, but not limited to, work involving alteration,
					 demolition, building, excavating, renovation, remodeling, maintenance,
					 improvement, and repair work, and work for which a contractor's license is
					 required by the California Business and Professions Code Division 3, Chapter 9,
					 §§
											7025
et seq
.;
					 drilling, including but not limited to, all work required to drill, establish,
					 repair, and rework wells for the exploration or extraction of oil, gas, or
					 water resources; logging work for which a timber operator's license is required
					 pursuant to California Public Resources Code §§
											4571
					 through
					 4586;
					 and, mining (not covered by Labor Code §
											750
et
					 seq.
), including all work required to mine and/or establish pits,
					 quarries, and surface or underground mines for the purposes of exploration, or
					 extraction of nonmetallic minerals and ores, coal, and building materials such
					 as stone and gravel, whether paid on a time, piece rate, commission, or the
					 basis, except that:
(A) The provisions of
					 Sections 3 through
					 12 shall not apply to persons
					 employed in administrative, executive, or professional capacities. No person
					 shall be considered to be employed in an administrative, executive, or
					 professional capacity unless the person is primarily engaged in the duties
					 which meet the test of the exemption, and earns a monthly salary equivalent to
					 not less than two times the state minimum wage for full-time employment. The
					 duties that meet the test of the exemption are one of the following set of
					 conditions:
(1) The employee is engaged in
					 work which is primarily intellectual, managerial, or creative, and which
					 requires exercise of discretion and independent judgment, or
(2) The employee is licensed, or certified by
					 the State of California, and is engaged in the practice of one of the following
					 recognized professions: law, medicine, dentistry, optometry, architecture,
					 engineering, teaching, or accounting, or the employee is engaged in an
					 occupation that is commonly recognized as a learned, or artistic profession;
					 provided, however, that pharmacists employed to engage in the practice of
					 pharmacy, and registered nurses employed to engage in the practice of nursing,
					 shall not be considered exempt professional employees, nor shall they be
					 considered exempt from coverage for the purposes of this section unless they
					 individually meet the criteria established for exemption as executive, or
					 administrative employees.
(3) To
					 the extent that there is no conflict with California law [FN1], the duties that
					 meet the test of the administrative, and executive exemptions are defined as
					 set forth in the following sections of the Code of Federal Regulations as they
					 existed as of the date of this Wage Order:
					 29 C.F.R. §§
														541.1(a)-(c),
					 541.102,
					 541.104,
					 541.105,
					 541.106,
					 541.108,
					 541.109,
					 541.111,
					 541.115, and
					 541.116 (defining executive
					 duties); 29 C.F.R.
					 §§
														541.2(a)-(c),
					 541.201,
					 541.205,
					 541.208, and
					 541.210 (defining administrative
					 duties).
(4) For the purposes of
					 this section, "full-time employment" means employment in which an employee is
					 employed for forty (40) hours per week.