WAGE & HOUR INTRODUCTION University Wage and hour claims have resulted in significant payments for damages, penalties and associated expenses such as attorney fees and legal costs for many companies. The impact of such exposure can have a negative effect on the overall company; therefore, it is important that management have a clear understanding of these laws and regulations, take measures to comply with them and proactively look for ways to ensure the laws are continuously being followed. Throughout this reference guide, you’ll see best practices and resources regarding key Wage and Hour matters. There are references to the State of California’s Industrial Workforce Commission Wage Orders (“IWC Orders”). Their role is to govern matters pertaining to wage and hour laws and working conditions and is broken up by occupation as well as industry. For example, there are three IWC Orders that pertain specifically to agriculture. Topics covered in this guide include: Laws at a glance for Arizona, California and Federal Exempt and non exempt classifications Meal and rest periods Wage and hour overview Child Labor laws Wage Statements The reference guide is designed as a resource for HR Professionals or anyone responsible for the HR function, to the most common HR related matters in the agricultural industry. It is not meant to be a comprehensive guide or a replacement for experienced legal counsel. For detailed information about human resources matters, please refer to your Personnel Procedures Manual (PPM). The Personnel Procedures Manual provides the latest employment policies and procedures information. You may purchase the PPM by contacting Western Growers’ Legal department. If you are looking for a specific guidance regarding a particular situation, please call the Western Growers HR & Legal hotline at 1-877-942-4529. Each situation is unique and therefore may require legal representation. We would be happy to provide a referral to an attorney participating in the WG Ag Legal Network. Western Growers is committed to providing Members with the most current and valuable information. We welcome any suggestions. If you have any questions or comments regarding the information provided or are aware of information that should e included, please call us at 1-949-863-1000 or email Osiris Garcia at [email protected].

Rev.1212

Wage Statements in California Federal law does NOT require employers to provide wage statements. In Arizona, employers that offer direct deposit must provide employees with a statement of earnings and withholdings. California requires employers to provide wage statements with required information. With the recent amendments made to Labor Code 226, employers must ensure their wage statements have complete and accurate information. The update defines an “injury” if an employer fails to provide the employee with a wage statement (previous Labor Code 226 defined the injury if an employer “knowingly and intentionally” failed to provide the wage statements). In addition, the employers must ensure that the statements are “promptly and easily” understood. Audit Checklist

Do your wage statements contain required categories? Do you provide complete and accurate information as required by law? Can your employees “promptly and easily” determine from the wage statement alone the required information? Employees shouldn’t have to go to another document or obtain other information to understand their wage statements.

Categories that must be on Your Statements

1. Gross wages earned 2. Total hours worked by each employee whose compensation is based on an hourly wage 3. All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee 4. The number of piece rate units earned and the piece rate 5. All deductions; provided, that all deductions made on written orders of the employee may be aggregated and shown as one item 6. Net wages earned 7. The inclusive dates of the period for which the employee is paid 8. The name of the employee and the last four digits of their social security number or employee identification number 9. The name and address of the legal entity which is the employer

California STATE LAW AT A GLANCE

This list provides an overview of the wage and hour laws in California. In situations where there is federal and state law, employers are held to the higher standard. California wage and hour laws are much more stringent than federal. Some of the common wage and hour violations in California include meal and rest period violations, misclassification of exempt status and off-the-clock work. Many of these issues are covered throughout this reference guide. If you have the PPM, please refer to the manual to obtain additional information regarding this list.

Minimum Wage

Is higher in California for both exempt and non-exempt employees.

Overtime

The State of California has set forth a series of “Wage Orders” from the Industrial Welfare Commission (“IWC Wage Orders”) which govern various wage and hour related matters. The IWC Wage Orders are broken down by industry and occupation. California law generally provides for daily overtime for work performed by nonexempt employees beyond 8 hours in a day and 40 hours in a week, while work performed on the farm provides for daily overtime for work performed by nonexempt employees beyond 10 hours in a day and on the seventh consecutive day in a workweek. Overtime rules also vary for work performed in the field and work and work performed in the packing shed. Refer to California IWC Wage Orders #4, 8, 13, & 14 or the PPM for details.

Non-exempt/ Exempt

California has additional standards surrounding exempt duty requirements. For example, overtime exemptions under California law are analyzed differently than under federal law, turning not on what an individual’s “primary” duties are, but on the duties in which they are “primarily” engaged (i.e., spending more than 50% of their time).

Make-up time

California employers may allow employees to “make-up” time taken off for personal reasons within the same workweek without having any payment of overtime. The following guidelines must be followed: Employee must put request in writing Request must be approved prior to the “time off ” taking place. When approved, employee may work up to eleven hours in a day without eligibility for overtime.

Labor Code forbids employers from encouraging employees to use make-up time procedure.

Alternate Workweek Schedules

Alternate workweek schedules must be decided by vote. Two-thirds of the employees within the affected group must vote for the alternative schedule. Caution: Strict rules apply to converting to alternative workweek schedules. No alternative workday may be longer than 10 hours, without payment or overtime.

Mandatory Time Off

The California Labor Code states employees shall have one day off in seven except when there is an emergency or in an agricultural occupation. Refer to California IWC orders #4, 8, 13, & 14 or the PPM for details.

Meal and Rest Breaks

California law requires employers to provide meal and rest breaks. Refer to California IWC orders #4, 8, 13, 14 for details based on occupation and industry.

Meal Waivers in California

Permitted only if an employee works fewer than six hours in a day and asks for the waiver. Waivers should NOT be encouraged by the employer.

ARIZONA STATE LAW AT A GLANCE This list provides an overview of the wage and hour laws in Arizona. In situations where there is federal and state law, employers are held to the higher standard. Unlike California, Arizona does not have IWC Wage Orders but instead adheres to the federal law. Some of these issues are covered throughout this reference guide. If you have the PPM, please refer to the manual to obtain additional information regarding this list. Minimum Wage

Overtime

Wages may automatically increase the 1st of January to reflect cost of living, under the Arizona Minimum Wage Act. The Act also requires employers to post a notice on the Act’s requirements and maintain payroll records showing the hours worked and wages paid for four years. Small businesses, those generating less than $500,000 in gross sales and not involved in interstate commerce are exempt. Arizona does not have state laws that govern payment of overtime. The state of Arizona adheres to the federal law. Refer to the Wage and Hour sheet for details on federal law.

Non-exempt/ Exempt

The state of Arizona adheres to federal law. Employers have the burden of showing that the requirements of an exemption have been met.

Make-up time

Not applicable under federal law or Arizona state law.

Alternate Workweek Schedules

Not applicable under federal law or Arizona state law.

Mandatory Time Off

Not applicable under federal law or Arizona state law.

Meal and Rest Breaks

Meal Waivers

Arizona does not have a state law that requires meal and rest breaks. The state adheres to the federal law which like Arizona does not require meal and rest breaks. However, if the employer chooses to provide breaks, then they must be paid. Meal and lunch periods are not paid as long as the employee is not working during that time. Refer to the PPM for details. Not applicable under federal law or Arizona state law.

Classifications: Exempt vs. Non-exempt The exempt classifications determine eligibility for overtime pay. Failure to classify an employee’s exempt status correctly could result in penalties and civil damages, depending on the severity of the violation enforced by the U.S. Department of Labor (DOL). In determining status, employers must look at the following criteria and complete required tests to determine the exemption status.

Employee’s “primary” duties Level of responsibility and discretionary judgment Supervisorial obligations “Salary minimum and basis requirements”

What it means to be Exempt? Employees are paid to get the job done regardless of hours worked. EXEMPT STATUS = NO OVERTIME EXEMPT DOES NOT = SALARIED

SALARIED employees may be eligible for overtime but that does not define them as “exempt”. Breaks and lunches not required

Do the analysis. Did they pass the three tests? 1. “Duties” requirement has been met

Unlike federal and Arizona law, in California, employees must be primarily engaged in the exempt duties that meet the exemption test for more than ½ the time.

2. “Salary minimum” requirements have been met. 3. “Salary Basis” requirement has been met.

YOU,

the employer have the burden to prove exemptions requirements

If you have the Personnel Procedure Manual, refer to Appendix 17A for a chart showing requirements for duties test.

Exempt Status Analysis An employer has the burden to prove exemption requirements and should conduct a “duties and salary test” to determine if a position is exempt. Job titles and job descriptions are not conclusive to classify a position exempt. The “duties test” will help the employer determine status by assessing the actual job performed. In general an employer looks to see if the work done is the primary duty (main, major or most important duty that the employee performs, under federal law; or spends more than 50% of their time, under California law). Furthermore, employers should also ensure the current salary meets the requirement. Exemption Tests “Exempt Status Duties” requirements are classified as follows. Note that position need only qualify under one of the following categories: 1. Executive Exemption 2. Administrative Exemption 3. Professional Exemption 4. Certain computer professionals and outside sales “Salary minimum requirement” must also be met. Employees making less than the state and federal requirement are not exempt. Federal law salary requirement is $455 per week ($23,660 per year). California requirement is $2,773.33 per month or $33,280 per year. Arizona adheres to federal law. “Salary Basis” test must be met. Employee must generally be paid a preset amount each pay period. Salary should not fluctuate like it would with a nonexempt employee. Highly Compensated Employees An employee is exempt under federal law if he or she earns $100,000 total annual compensation and “customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee.” This does not apply in California.

Examples of Duties for Exempt Status Classifications Within the duties test, “primary duty” is a factor used to determine the exempt status. Unlike California law, federal law does not specify an amount of time defining “primary duty”. How much time an employee spends working on a particular duty does not necessarily establish the duty as “primary”. However, under California law, “primary duty” is work performed 50 percent of the time on a specific work activity. When conducting a test, keep in mind that they must meet ALL the requirements within one of these categories. Arizona adheres to federal law. Executive Duties

Administrative Duties

Professional Duties

Primary duties:

Primary duties:

Primary duties are broken up into two categories (learned/science and creative):

1. Management is the primary duty. 2. Manage at least 2 or more *fulltime employees. 3. Manage a department or subdivision. Employees must meet all requirements. Examples: Interviewing, selecting, hiring and training employees Planning and controlling the budget Delegate work Advising or consulting customers of the employer in functional service areas *could also include a combination of part-time employees.

If you have the Personnel Procedure Manual, refer Appendix 17A for a chart showing requirements for duties.

1. Are generally non-manual or office work tied to management or general business operations of the employer or the employer’s customers. 2. Exercises some form of independent judgment and discretion regarding significant matters. Employees must meet all requirements. Examples: Makes an independent decision without having to get the approval from the supervisor. Act as a project leader for significant changes in the business. Act as an administrative assistant to an executive level manager and with the delegated authority of that manager with regard to significant matters Has authority to commit the employer in matters that have significant financial impact.

1. The employee work is generally associated with intellectual type of work that requires advanced knowledge learned through specialized, academic instruction/ coursework. 2. The employees’ work requires invention, imagination, originality or talent. 3. The employee exercises consistent form of independent judgment and discretion. Employees must meet all requirements. Examples: Learned or Science. This may include an employee who has obtained a valid license or certification needed to enter that profession; such as a doctor or a lawyer. Examples include but not limited to: Doctors, accountants, scientist, teachers, engineers

John Martinez an exempt employee had his schedule reduced from 40 hours to 35 hours a week. Since his hours are reduced will the employer reclassify him as “non-exempt”? Not necessarily. Employers should always conduct the “duties”,“salary minimum”, and “salary basis” tests to determine if status needs to be change. The number of hours worked is not reason to classify an employee as nonexempt. Actual worked performed and salary are the determining factors. An employer may choose to adjust salary in this situation but if it falls under the “salary minimum” requirement, the exempt status may be at risk.

Classifications: Exempt vs. Non-exempt Once non-exempt classifications are established, it is important that certain provisions are followed in order to be in compliance. The employer is responsible for ensuring that employees are paid overtime appropriately and records are kept accurately. It’s important to remember that overtime laws vary in California and have additional provisions than the federal law and within the agricultural industry. Any employers who violates any overtime, days and hours worked provisions may be assessed fines. What it means to be Non-Exempt? Employees are paid for all hours worked, including additional hours worked. Under federal law, an employee is eligible for overtime at a rate of 1 ½ times regular pay for any hours worked over 40 in a work week. Under California law, an employee will receive 1 ½ times that employee's regular rate of pay for any hours worked over 8 in a day or over 40 in a workweek. Under California law, an employee will receive 2 times an employee’s regular rate of pay for hours worked over 12 in a workday or hours worked over 8 hours on the 7th day of the workweek.

Agricultural, Wage Order #14. Employees paid overtime for any hours worked over 10 in a day or more than six days in a given workweek.

Arizona adheres to federal law. NON-EXEMPT STATUS = ELIGIBLE FOR OVERTIME NON-EXEMPT may be “salaried employees”; those with a fixed wage or hourly as long as applicable overtime is paid. federal law does not apply overtime provisions to “agriculture workers” unless the employee has performed “nonagricultural” work during the week. Arizona adheres to federal law. In California, under IWC Wage Order 14 for “agricultural employees”, irrigators are exempt from overtime any week in which more than half his/her time was devoted to those particular duties.

Non-Exempt Federal law does not require rest breaks and meal breaks however:

In California employers must allow employees to take rest breaks and meal breaks. Rest breaks: 10 minutes for every 4 hours worked or “major fraction thereof ” but need not provide a rest period where an employee works fewer than 3½ hours. Meal breaks: Unless there is a valid waiver or an “on duty” meal period, employers must provide employees who work more than five hours with one off-duty meal period beginning before the employee’s sixth hour of work. Employers must also provide employees who work more than 10 hours with a second off-duty meal period beginning before the employee’s 11th hour of work. Meal breaks in Agriculture (Wage Order 14): Unless there is a valid waiver, employers must provide employees who work more than five hours with one off-duty meal period beginning before the employee’s sixth hour of work. Similarly, employers must also provide employees with a second off-duty meal period beginning 5 hours after the conclusion of the first meal period. Unlike the other Wage Orders, agriculture has a “rolling 5-hour” meal period requirement. Arizona adheres to federal law. Documentation. Federal law requires that employers keep accurate records about the employer and hours and wages worked. Records must include information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic records that an employer must maintain:

1. Employee’s full name (or other identifying information such as social security number), address (including zip code), sex, occupation and birth date, if younger than 19; time and day of week when the workweek begins 2. Time of day and day of the week on which the work week begins 3. Hourly rates and/or piece rates and commissions 4. Hours worked and, if applicable, piece rates units Refer to the PPM for record keeping requirements

Sara Lopez worked overtime without authorization from her supervisor. Is the company still required to pay the overtime? Yes, and if the employer willfully fails to pay the employee overtime, California Law requires that employers pay a penalty in the amount of the employee’s wages for each day the employee was not paid, up to 30 days. However, an employer may choose to discipline the employee if the employee shows that he or she has violated the employers unauthorized overtime policy. A best practice to reduce unauthorized over-time is to communicate the company’s overtime policy to all employees, and any changes thereafter.

Classifications: Exempt vs. Non-exempt Example of Duties Performed By Non-Exempt Positions There are numerous non-exempt responsibilities that might be confused and believed to be qualified as exempt duties. Employers should interview employees, managers and review job descriptions to ensure duties and responsibilities are up to date. It’s always best to find the issues and correct them before they become a violation. At first glance someone may confuse the job duties as “exempt” but neither of these requires a high level of decision making, independent judgment or the ability to supervise.

Writing correspondence, articles, speeches, reports or proposals Implementing, monitoring, and giving updates on projects Designing web pages Evaluating the need for equipment upgrades and selecting new equipment Coordinating events and speaking with vendors Coordinating or managing office operations without significant supervisory responsibilities.

Best Practice: Self -Audit A best practice for employers to follow is to conduct self-audits to ensure compliance with federal and state Wage and Hour laws. A good time for self-audits, may be around the performance review period since job descriptions are many times used during this process. Three key areas to audit include but are not limited to: Job descriptions. Although a job description is not reason to qualify an employee’s exempt status; employers should review the job descriptions to ensure that the duties and responsibilities haven’t changed, are still in line with the duties actually performed and that the skills are still needed to perform the job function. Confirm actual job duties. Speak with the manager or employee to confirm that their current job duties remain the same and continue to fall under one of the exempt classifications. Overtime calculations. Is the overtime calculated correctly? There are many variables to consider that are important to audit. For example, “Does the payroll company have the correct overtime rate in the system?” Below are three basic overtime scenarios. If you have the Personnel Procedure Manual, refer to Appendix 17A for samples of exempt and non-exempt duties.

Overtime over 40 hours in a week For an employee paid the current federal minimum wage of $7.25 per hour, the overtime rate for hours worked beyond 40 per week is $10.875 per hour ($7.25 x 1.5 = $10.875, or $10.88 if rounded).

Overtime over 8 hours in a day For an employee paid the current California minimum wage of $8.00 per hours, the overtime for hours worked beyond 8 hrs in a day, even fewer than 40 per week is also ($8.00 x 1.5 = $12.00)

Overtime for piece rate

Piece Rate Earnings = $391.00 for 46 hrs Waiting Time Rate = 7.25 for 4 hrs Production Bonus = 12.50 _________ 46 hours = 391.00 4 hours x $7.25 = 29.00 Production Bonus = 12.50 = $432.50 $432.50 / 50 hrs = 8.65 (Regular Rate) $8.65 x 1.5 = 12.98 $12.98 x 10 hrs (Overtime Due)

= $129.80

CALIFORNIA STATE LAW Meal and Rest Periods

This section is dedicated to employers within the State of California. Federal law does not generally require rest and meal periods. Arizona adheres to federal law. California requires employers to provide all non-exempt employees with meal and rest breaks. Meal and rest period violations may result in paying heavy penalties, attorney fees and high claims. Refer to the PPM or IWC Wage Orders, Appendix A for details on meal and rest periods based on occupation and industry. REST PERIODS Are your rest periods in check? Are employees taking their 10 minutes rest time for every 4 hours or “major infraction there of ” (i.e., more than 2 hours)? This includes packing/processing employees and agricultural employees. Note: Employers are not required to record rest periods but documentation of rest periods may prove helpful in the event of a dispute. MEAL PERIODS Are your meal periods in check? Are they taken within the specified time frame according to the appropriate Wage Order? Are they “duty free”? Employees must be allowed to take a meal period without having to work at any point during the designated time. * Are they recorded as unpaid time on the employee’s time sheet? Are they 30 minutes of uninterrupted time? Are employees working more than 10 hours in a day, taking their second 30 minute meal period? California Meal Period is in compliance if provided: timely, duty free, recorded on time sheet and 30 minutes uninterrupted Employers cannot: discourage or tell employees not to take their lunch break. tell an employee where they can or cannot take their meal break. *Duty Free Exception An on-duty meal period is lawful if all three of the following requirements are met: (1) the nature of the work prevents an employee from being relieved of all duty, (2) the employer and employee have agreed in writing to an on-the-job paid meal period, and (3) the written agreement states that the employee may, in writing, revoke the agreement at any time.

Meal Waiver Criteria by mutual consent of both the employer and employee: Work more than five (5) but fewer than six (6) hours, can waive meal period.

(IWC Orders 1-15, Section 11, Order 16, Section 10).

Work more than 10 but fewer than 12 hours, can waive second meal period, as long as first meal period was not waived.

Employers should not encourage “on duty” agreements.

If you have the Personnel Procedures Manual, refer to Appendix 17B, Section 17 for sample REST PERIODS AND MEAL PERIODS [Agricultural (Field) Piece-Rate Employees]

WAGE AND HOUR OVERVIEW The following information provides you with the differences between federal, state and Arizona law for common wage and hour issues. Federal law is the law an employer must adhere to; however states may implement stricter laws (or laws that better benefit the employee) which will then supersede the federal law. For more information on the following overview, please refer to the Western Growers Personnel Procedures Manual. Federal Law Minimum Wage

Overtime

California State Law

Non-exempt: $7.25 per hour

Non-exempt: $8.00 per hour

Exempt: $455 per week ($23,660 per year)

Exempt: is two times the minimum wage, i.e., $640 per week ( $33,280 per year)

An employee is eligible for overtime at a rate of 1 ½ times regular pay for any hours worked over 40 in a work week. Exempt status excluded from overtime.

Arizona State Law Non-exempt: *$7.65 per hour (as of 1/1/2012) and may adjust automatically every January 1 under the “Arizona Minimum Wage Act” to reflect the cost of living.

Employers who are located outside the state (i.e., Arizona), but whose employees are working in California, must pay those employees at least the state minimum wage for work performed in California.

Does not apply to small business (those generating less than $500,000 in gross sales and not involved in interstate commerce.

For most non-exempt employees, the Labor Code provides that an employee will receive 1 ½ times that employee's regular rate of pay for any hours worked over 8 in a day or over 40 in a workweek.

Same as the federal law.

Exempt: $455 per week ($23,660 per year)

Exempt status excluded from overtime.

“Agricultural”, Wage Order #14. Employees paid overtime for any hours worked over 10 in a day or more than six days in a given workweek. Exempt status excluded from overtime. Refer to California IWC Wage Orders for a complete listing based on occupations and industry.

Payment of Wages

Wages are due on the regular payday for the pay period covered.

Non–exempt: Must be paid at least twice during each calendar month on the days designated in advance as regular paydays.

Paid at least twice in one month, no longer than sixteen days apart and within five working days of the end of the payroll period.

Established regular payday schedule must be posted showing the day, time and location of payment.

Once a month for exempt employees whose employer’s principal place of business is outside Arizona and its payroll system is centralized outside the state of Arizona.

Exempt: Must be paid at least once per month. Farm Labor Contractor: Must pay FLC’s employees once per week

Federal Law Rest and Meal Periods

Rest and meal periods are generally not required. Lactation Accommodation: Must provide non-exempt employees with a private location and reasonable time to express breast milk whenever employee needs to for one (1) year after the nursing child’s birth. Employers with 50 or fewer employees may be exempt if they can prove “undue hardship” on the employer.

California State Law Meal: Must provide nonexempt employees working 5 hours or more in a day with a 30-minute uninterrupted dutyfree meal period.

Arizona State Law Same as the federal law

Must provide non-exempt employees working more than 10 hours in a day with a second 30-minute uninterrupted duty-free meal period. Agricultural employees are allowed to take a 30-minute meal period for every five (5) hours worked (Wage Order 14). Rest: an employee who works 3.5 to 6 hours is entitled to one paid 10-minute rest break. Additional rest periods must be provided as follows: 20 minutes for shifts ranging from 6 hours to 10 hours, and 30 minutes for shifts of 10 hours to 14 hours. Refer to California IWC Orders for a complete listing based on occupations and industry

Child Labor

Non-agricultural operations, federal law restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous.

Generally children under the age of 18 are allowed to work with a work permit but are restricted to the number of hours and times during which they can work based on their age. Exemptions from occupational restrictions may apply.

Restricts the hours that children under age 16 can work and forbids the employment of children under age 17 in certain jobs. *

Agricultural operations, employment of children under age 16 prohibited during school hours and in certain jobs deemed too dangerous.

In agricultural, standards are similar.  For example, under state law, work hours that apply to 14-and 15 year olds typically apply when they are employed in agriculture. Unlike nonagriculture work, work permits are not required when work is performed on premises owned, operated, or controlled by the parents or guardian. In addition, there are no hour limitations during the time public schools are not in session. Exemptions from occupational restrictions may apply.

Refer to the Industrial Commission of Arizona.

Refer to Child Labor laws

Refer to the Child Labor laws summary in your Western Growers Personnel Procedures Manual for details.

Exemptions from occupational restrictions may apply.

*http://www.ica.state.az.us

CALIFORNIA IWC ORDERS (Appendix A) #8-2001

#14-2001

#4-2001

#13-2001

Employees in Industries Handling Products After Harvest (e.g., packing house employees)

Field Agricultural Employees

Office, Clerical Employees

Employees Involved in Processing on Farm.

Overtime – 1 ½ x Over 8 hours in a day or 40 hours in a week

Over 10 hours in a day or first 8 hours worked on the 7th day in a work week

Over 8 hours in a day or 40 hours in a week

Overtime – 2 x Over 12 hours in a day or over 8 hours on the 7th day worked

Over 8 hours on the 7th day worked

Over 12 hours in a day or over 8 hours on the 7th day worked.

Same Rest (Break) Employees are allowed Periods 10 minutes (paid) for every 4 hours worked (or a major portion thereof). The break should be taken in the middle of the period. Meal Periods Employees are required to take a minimum 30 minutes (unpaid) in a work shift of 5 hours or more unless workday will finish in 6 hours — then meal period may be waived by mutual agreement. If total workday is 12 hours or less, 2nd meal period may be waived.

Employees are allowed to take a minimum 30 minutes (unpaid) in a work shift of 5 hours or more unless the workday will finish in 6 hours; with knowing and voluntary waiver employees can elect to forego the meal period.

Same

Same as packing house employees (#8-2001)

(See text in this Section.)

Reporting Time Pay Employees who are required to report to work, but are not put to work or work less than half their usual day will receive reporting time pay (half of their usual hours at regular rate of pay). Minimum of two (2) hours and maximum of four (4). Uniforms & Equipment If uniforms are required by employer, the cost of obtaining and maintaining them rests on the employer. Same is true for equipment and tools unless employee makes at least twice the minimum wage.

Details available on request

CHILD LABOR LAWS (Appendix B) This chart summarizes the state (California) laws (printed in regular type) and the Federal Fair Labor Standards Act (FSLA) laws (printed in italics), governing the employment of minors. If an employer is covered by both state and federal laws, the higher standard—the provision which gives the most protection to employees—applies. Please note that the following are general rules. Some, but not all, exceptions are noted. Minors Ages Minors Ages Minors Ages 16 and 17 14 and 15 12 and 13

School Attendance Permits to Work & Permits to Employ

Generally required unless a high school graduate or has a certificate of proficiency. Required unless minor is a high school graduate or has a certificate of proficiency. (See also agricultural employment for certain exemptions.) FLSA: Employers are required to maintain records of a minor's date of birth for three (3) years if the minor is under 19 at time of hire (copy of state work permit is acceptable).

Hours of Work

When school is NOT in session (all age groups): Daily maximum – 8 hours; Weekly maximum – 40 hours (Exception: If the minor is a high school graduate or has a certificate of proficiency.) FLSA: No limitations. See also exceptions under Restricted Occupations.

FLSA: Daily maximum 8 hours; Weekly maximum 40 hours. See also exceptions under Restricted Occupations.

FLSA: Minors under 14 years of age may not be employed in businesses subject to the FLSA. [See Agricultural Employment.]

When school is in session: Permit limits hours to 4 per day, 8 hours on any day immediately prior to a nonschool day.

When school is in session: Permit limits hours to 3 per day, 18 per week. All hours must be outside of school hours.

May not be employed days school is in session.

FLSA: No limitations. See also exceptions under Restricted Occupations.

FLSA: When school is in session, daily limit 3 hours; weekly maximum 18 hours. See also exceptions under Restricted Occupations.

Work must be performed between 5:00 a.m. and 10:00 p.m. (until 12:30 a.m. on a day preceding a non-school day or if enrolled in a work experience program).

Same as FLSA

FLSA: No limitations.

FLSA: Work must be performed between 7:00 a.m. and 7:00 p.m.; From June 1 to Labor Day can work until 9:00 p.m.

Minors Ages Minors Ages Minors Ages 16 and 17 14 and 15 12 and 13

Restricted Occupations

Generally California requires compliance with federal regulations with some exceptions. FLSA: NO MINOR UNDER 18 MAY BE EMPLOYED IN any occupation declared hazardous by the Secretary of Labor, including, but not limited to: Motor vehicle occupations on public roadways as a driver or outside helper (limited exception for a 17-year-old to drive occasionally on public roadways); certain machine operations or power-driven hoisting apparatus occupations (including forklifts). FLSA: MINORS UNDER AGE 16 MAY NOT BE EMPLOYED IN work places where goods are manufactured, mined or processed; or occupations in transportation, warehousing, storage, public utilities or construction (other than office/sales work). FLSA: Child labor provisions do not apply to children under 16 years of age employed by their parents in occupations other than manufacturing, mining, or occupations declared hazardous by the Secretary of Labor. NO MINOR UNDER 16 MAY BE EMPLOYED in operating an auto or truck; in delivering goods, merchandise, commodities, paper or packages from a motor vehicle; or in the vicinity of moving machinery.

Wages

Must be paid at least the minimum wage established by the Industrial Welfare Commission (with exceptions as applicable). Must be paid overtime after 40 hours in a week. High school graduates or minors having a certificate of proficiency, who are working the same hours as an adult, must be paid the same rate as an adult (performing the same or similar work as the minor). FLSA: Must be paid at least the minimum wage. Must be paid overtime after 40 hours per week.

Agricultural Employment

When the work performed is on the premises owned, operated or controlled by the minor's parent or guardian, no permit is required and there are no limitations during the time public schools are not in session. Minors may not perform such work while the public schools are in session. FLSA: Child labor provisions do not apply if employed by the parent or person standing in place of the parent on a farm owned or controlled by the parent or person standing in place of the parent. May be employed after school or on non-school days; same hours restrictions as other minors. Hours of work exception: May work up to 10 hours in an agricultural packing plant on a non-school day if the employer has a special exemption from the Labor Commissioner. FLSA: No restrictions on hours of work.

1

FLSA: No employment permitted during school hours. May work after school hours in any occupation not declared hazardous in agriculture1. (Limited exception for students in certain agricultural programs.)

FLSA: No employment permitted during school hours. May be employed (after school hours in any occupation not declared hazardous in agriculture) on a farm where the minor’s parent is employed or with the consent of the parent.

Examples of hazardous activities in agriculture include: operating or assisting to operate most farm machinery; working from a ladder or scaffold at a height of over 20 feet; or handling or applying most agricultural chemicals.