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 10 - Amusement and Recreation Industry › Section 11100 - Order Regulating Wages, Hours, and Working Conditions in the Amusement and Recreation Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Order No. 10-2001, Effective 1-1-2001, as amended.
						Sections 4(A) and
						10(C) amended and
						republished by the Department of Industrial Relations, effective January 1,
						2024, pursuant to SB 3, Chapter 4, Statutes of 2016 and section
						1182.13 of the
						Labor Code. Sections
						1(A) amended and
						republished pursuant to section
						515.5(a)(4)
						of the Labor Code. Section
						1(J) is added to
						the Labor Code pursuant to SB 332 (Ch. 866, Stats. 2023) effective October 13,
						2023. Section
						6 amended and republished to
						conform to SB 639 (Ch. 339, Stats. 2021).)
TAKE NOTICE: To employers and representative of persons
						working in industries and occupations in the State of California: The
						Department of Industrial Relations amends and republished the minimum wage and
						meals and lodging credits in the Industrial Welfare Commission's Orders as a
						result of legislation enacted (SB 3, Ch. 4, Stats. 2016), and pursuant to
						section
						1182.13 of the
						Labor Code. The department also amends the minimum rate for exempt computer
						software employees in Section
						1(A)(3)(h)(iv)
						pursuant to section
						515.5 of the
						Labor Code. Also, this Order republishes requirements for licenses to employ
						disabled workers in compliance with SB 639 (Ch. 339, Stats. 2021) amending
						sections
						1191 and
						1191.5 of the
						Labor Code, and further adds an exemption from certain protections for minor
						league baseball players in compliance with SB 332 (Ch. 866, Stats. 2023),
						enacting section
						514.5 of the
						Labor Code. The updates, amendments and republishing make no other changes to
						this order.
1. Applicability of Order.
					 This order shall apply to all persons employed in the amusement and recreation
					 industry whether paid on a time, piece rate, commission, or other basis, except
					 that:
(A) Provisions of Sections
					 3 through
					 12 of this order shall not apply to
					 persons employed in administrative, executive, or professional capacities. The
					 following requirements shall apply in determining whether an employee's duties
					 meet the test to qualify for an exemption from those sections:
(1) Executive Exemption. A person employed in
					 an executive capacity means any employee:
(a)
					 Whose duties and responsibilities involve the management of the enterprise in
					 which they are employed or of a customarily recognized department or
					 subdivision thereof; and
(b) Who
					 customarily and regularly directs the work of two or more other employees
					 therein; and
(c) Who has the
					 authority to hire or fire other employees or whose suggestions and
					 recommendations as to the hiring or firing and as to the advancement and
					 promotion or any other change of status of other employees will be given
					 particular weight; and
(d) Who
					 customarily and regularly exercises discretion and independent judgment;
					 and
(e) Who is primarily engaged in
					 duties which meet the test of the exemption. The activities constituting exempt
					 work and non-exempt work shall be construed in the same manner as such items
					 are construed in the following regulations under the Fair Labor Standards Act
					 effective as of the date of this order:
					 29 C.F.R. Sections
					 541.102,
					 541.104-111, and
					 541.115-116. Exempt work shall
					 include, for example, all work that is directly and closely related to exempt
					 work and work which is properly viewed as a means for carrying out exempt
					 functions. The work actually performed by the employee during the course of the
					 workweek must, first and foremost, be examined and the amount of time the
					 employee spends on such work, together with the employer's realistic
					 expectations and the realistic requirements of the job, shall be considered in
					 determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly
					 salary equivalent to no less than two (2) times the state minimum wage for
					 full-time employment. Full-time employment is defined in Labor Code Section
					 515(c)
					 as 40 hours per week.