OFFICIAL NOTICE
INDUSTRIAL WELFARE COMMISSION
ORDER NO. 14-2001
REGULATING
WAGES, HOURS AND WORKING CONDITIONS IN THE
AGRICULTURAL OCCUPATIONS
Effective January 1, 2002 as amended
This Order Must Be Posted Where Employees Can Read It Easily
Visit www.dir.ca.gov
IWC FORM 1114 (Rev. 11/2025) —1
OSP 06 98772
INDUSTRIAL WELFARE COMMISSION
ORDER NO. 14-2001
REGULATING
WAGES, HOURS AND WORKING CONDITIONS IN THE
AGRICULTURAL OCCUPATIONS
(Wage Order 14-2001, effective 7-1-2001, as amended. Sections 4(A) and 10(C) amended and republished by the Department of Industrial
Relations, effective January 1, 2026, pursuant to SB 3 (Chapter 4, Statutes of 2016) and section 1182.13 of the Labor Code. Sections 1(F), 1(G),
3(A), 3(B), 3(C), 3(E) and 11 amended effective January 1, 2017, pursuant to AB 1066 (Ch. 313, Stats. 2016) and section 864 of the Labor Code.
Section 6 amended pursuant to SB 639 (Ch. 339, Stats. 2021) effective January 1, 2022. Sections 1(F), 1(H), 2(I)-(J), 2(N), 4(E), 7(B), 7(D), 9(B),
10(F)-(H), 11, 12, 13, 18 and 20 pertaining to sheepherders and goat herders amended and republished pursuant to SB 156 (Ch. 569, Stats.
2022) effective September 27, 2022, SB 143 (Ch. 196, Stats. 2023) effective September 13, 2023, and sections 2695.2 and 2695.4 of the Labor
Code.)
TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California:
The Department of Industrial Relations amends and republishes 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 of 2016, and pursuant to section 1182.13 of
the Labor Code. The Department of Industrial Relations also amends and republishes: the overtime requirements under AB 1066
(Ch. 313, Stats. 2016) adding sections 857 through 864 to the Labor Code; the 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; AB 156 (Ch.
569, Stats. 2022) amending sections 2695.1 and 2695.2 and adding sections 2695.3 and 2695.4 to the Labor Code pertaining to
sheepherders and goat herders, and SB 143 (Ch. 196, Stats. 2023) further amending Labor Code sections 2695.3 and 2695.4 of
the Labor Code. The updates, amendments and republishing make no other changes to this order.
Employers and representatives of persons working in the industry and occupations to which this order applies should note that,
except as set forth in Labor Code Section 860 and subdivision (a) of Labor Code Section 862, which are reflected in Section 3 of
this order, all other provisions of Division 2, Part 2, Chapter 1 of the Labor Code (commencing with Section 500) regarding
compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. (See Labor
Code Section 861.) Where this order is inconsistent with Division 2, Part 2, Chapter 6 of the Labor Code (the Phase-In Overtime
for Agricultural Workers Act of 2016, which incorporates Chapter 1 as stated), Chapter 6 of the Labor Code governs, including
the applicable effective dates, unless this order provides greater protections or benefits to agricultural employees. (See Labor
Code Section 864.)
1. APPLICABILITY OF ORDER.
This order shall apply to all persons employed in an agricultural occupation whether paid on a time, piece rate, commission, or
other basis, except that:
(A) No provision of this order shall apply to any employee who is engaged in work which is primarily intellectual, managerial,
or creative, and which requires exercise of discretion and independent judgment, and for which the remuneration is not
less than two (2) times the monthly state minimum wage for full-time employment.
(B) No provision of this order shall apply to any individual who is the parent, spouse, child, or legally adopted child of the
employer.
(C) Section 5 of this order shall not apply to any employer who employs fewer than five (5) persons covered by this order. If
at any one time during a calendar year an employer has five (5) or more employees covered by this order, every provision
of this order, including Section 5, Reporting Time Pay, shall apply to that employer throughout that calendar year.
(D) No provision of this order shall apply to any employee covered by Order No. 8 or Order No. 13, relating to industries
handling products after harvest.
(E) The provisions of this order shall not apply to any individual participating in a national service program, such as
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats.
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2000, Chap. 365, amending Labor Code Section 1171.)
(F) Sections 4(A)-(D), 5, 6, 9(A), and 11(B), of this order shall not apply to an employee engaged to work as a sheepherder
or, effective September 27, 2022, engaged to work as a goat herder, as that occupation is defined in Section 2(N). On or
after January 1, 2025, Section 3(A)(1) shall apply to a sheepherder or goat herder regardless of the size of the employer,
Section 3(A)(2) phase-in overtime standards shall apply to a sheepherder or goat herder employed by a large employer
(more than 25 employees) beginning January 1, 2019, and shall apply to a sheepherder or goat herder employed by a
small employer (25 or fewer employees) beginning January 1, 2022. Otherwise, this order, including Section 4(A), shall
apply to any workweek during which a sheepherder or goat herder employee is engaged in any non-sheepherding or non-
goat herding agricultural or other work.
(G) Section 3 of this order shall not apply to an employee licensed pursuant to Article 3 (commencing with Section 7850) of
Chapter 1 of Part 3 of Division 6 of the Fish and Game Code who serves as a crew member on a commercial fishing
vessel. On or after January 1, 2025, Section 3(A)(1) shall apply to a licensed crew member, regardless of the size of the
employer. Section 3(A)(2) phase-in overtime standards shall apply to a licensed crew member employed by a large
employer (more than 25 employees) beginning January 1, 2019, and shall apply to a licensed crew member employed
by a small employer (25 or fewer employees) beginning January 1, 2022.
(H) The provisions of this order that only refer to goat herders, effective September 27, 2022, shall expire on July 1, 2026,
and goat herders will be afterward protected under the general provisions of this order unless the Legislature amends
Labor Code sections 2695.3 and 2695.4 to extend special provisions for goat herders.
2. DEFINITIONS
(A) “Commission” means the Industrial Welfare Commission of the State of California.
(B) “Division” means the Division of Labor Standards Enforcement of the State of California.
(C) “Employ” means to engage, suffer, or permit to work.
(D) “Employed in an agricultural occupation,” means any of the following described occupations:
(1) The preparation, care, and treatment of farm land, pipeline, or ditches, including leveling for agricultural purposes,
plowing, discing, and fertilizing the soil;
(2) The sowing and planting of any agricultural or horticultural commodity;
(3) The care of any agricultural or horticultural commodity; as used in this subdivision, “care” includes, but is not limited
to, cultivation, irrigation, weed control, thinning, heating, pruning, or tying, fumigating, spraying, and dusting;
(4) The harvesting of any agricultural or horticultural commodity, including but not limited to, picking, cutting, threshing,
mowing, knocking off, field chopping, bunching, baling, balling, field packing, and placing in field containers or in the
vehicle in which the commodity will be hauled, and transportation on the farm or to a place of first processing or
distribution;
(5) The assembly and storage of any agricultural or horticultural commodity, including but not limited to, loading, road
siding, banking, stacking, binding, and piling;
(6) The raising, feeding and management of livestock, fur bearing animals, poultry, fish, mollusks, and insects, including
but not limited to herding, housing, hatching, milking, shearing, handling eggs, and extracting honey;
(7) The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale;
(8) The conservation, improvement or maintenance of such farm and its tools and equipment.
(E) “Employee” means any person employed by an employer.
(F) “Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent
or any other person, employs or exercises control over the wages, hours, or working conditions of any person.
(G) “Hours worked” means the time during which an employee is subject to the control of an employer, and includes all the
time the employee is suffered or permitted to work, whether or not required to do so.
(H) “Minor” means, for the purpose of this Order, any person under the age of eighteen (18) years.
(I) “Non-sheepherding work” or “non-goat herding work” means any work except the work defined in section 2(N) below.
(J) “Open range sheepherding” or “open range goat herding” means, generally, sheepherding or goat herding on land that is
not cultivated, but produces native forage (“browse” or herbaceous food that is available to livestock or game animals) for
animal consumption, and includes land that is re-vegetated naturally or artificially to provide forage cover that is managed like
range vegetation. The range may be on private, federal, or state land. Typically, the land is not only non-cultivated, but not
suitable for cultivation because it is rocky, thin, semiarid, or otherwise poor. Also, many acres of range land are required to
graze one animal unit (five sheep or goats) for one month. By its very nature, open range sheepherding or goat herding is
conducted over wide expanses of land, such as thousands of acres.
(K) “Outside Salesperson” means any person, 18 years of age or over, who customarily and regularly works more than half
the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or
contracts for products, services or use of facilities.
(L) “Piece rate basis” is a method of payment based on units of production or a fraction thereof.
(M) “Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time.
(N) “Sheepherder” or “goat herder” means an individual who is employed to do any of the following, including with the use of
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trained dogs:
(1) Tend herds of sheep or goats grazing or browsing on range or pasture.
(2) Move sheep or goats to and about an area assigned for grazing or browsing.
(3) Prevent sheep or goats from wandering or becoming lost.
(4) Protect sheep or goats against predators and the eating of poisonous plants.
(5) Assist in the lambing, docking, or shearing of sheep, or in the kidding of goats.
(6) Provide water or feed supplementary rations to sheep or goats.
(O) “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time.
(P) “Split shift” means a work schedule which is interrupted by non-paid non-working periods established by the employer,
other than bona fide rest or meal periods.
(Q) “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or
ascertained by the standard of time, task, piece, commission basis, or other method of calculation.
(R) “Workday” means any consecutive 24 hours beginning at the same time each calendar day.
(S) “Workweek” means any seven (7) consecutive days, starting with the same calendar day each week. “Workweek” is a
fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.
3. HOURS AND DAYS OF WORK
(A) The following overtime provisions are applicable to employees eighteen (18) years of age or over and to employees
sixteen (16) or seventeen (17) years of age who are not required by law to attend school:
(1) On or after January 1, 2025, an employer, regardless of the number of employees, shall not employ an employee for
more than eight (8) hours per workday or work in excess of forty (40) hours per workweek unless the employee
receives one and one half (1½) times such employee’s regular rate of pay for all hours worked over eight (8) hours in
any workday or more than forty (40) hours per workweek, and double the employee’s regular rate of pay for all hours
worked over twelve (12) hours in any one workday.
(2) Prior to January 1, 2025, the following phase-in overtime standards apply based on the number of employees
employed by the employer for the stated years, pursuant to Labor Code section 860:
(a) For employers of more than 25 employees:
(i) Starting January 1, 2019, an employee shall not be employed more than nine and one-half (9½) hours per
workday or fifty-five (55) hours per workweek unless the employee receives one and one-half (1½) times
such employee’s regular rate of pay for all hours worked over nine and one-half (9½) hours in any one
workday or more than fifty-five (55) hours in any one workweek.
(ii) Starting January 1, 2020, an employee shall not be employed more than nine (9) hours per workday or
fifty (50) hours per workweek unless the employee receives one and one-half (1½) times such employee’s
regular rate of pay for all hours worked over nine (9) hours in any one workday or more than fifty (50) hours
in any one workweek.
(iii) Starting January 1, 2021, an employee shall not be employed more than eight and one-half (8½) hours
per workday or forty-five (45) hours per workweek unless the employee receives one and one-half (1½) times
such employee’s regular rate of pay for all hours worked over eight and one-half (8½) hours in any one
workday or more than forty-five (45) hours in any one workweek.
(iv) Starting January 1, 2022, an employee shall not be employed more than eight (8) hours per workday or
work in excess of forty (40) hours per workweek unless the employee receives one and one-half (1½) times
such employee’s regular rate of pay for all hours worked over eight (8) hours in any workday or more than
forty (40) hours in any workweek and double the employee’s regular rate of pay for all hours worked over
twelve (12) hours in any one workday.
(b) For employers of 25 or fewer employees:
(i) Starting January 1, 2022, the overtime standards and compensation in subsection (2)(a)(i) above, shall
apply to any employee who works over the specified threshold hours in any one workday or workweek.
(ii) Starting January 1, 2023, the overtime standards and compensation in subsection (2)(a)(ii) above, shall
apply to any employee who works over the specified threshold hours in any one workday or workweek.
(iii) Starting January 1, 2024, the overtime standards and compensation in subsection (2)(a)(iii) above, shall
apply to any employee who works over the specified threshold hours in any one workday or workweek.
(iv) Starting January 1, 2025, the overtime standards and compensation in subsection (2) (a)(iv) above, shall
apply to any employee who works over the specified numbers of hours in any one workday or workweek.
(See Labor Code Sections 1391 and 1394)
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties
provided herein. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the
employment of minors. Employers should ask school districts about required work permits.)
(B) All employees covered under this order shall not be employed on the seventh (7th) consecutive day of a workweek unless
the employee receives one and one-half (1½) times such employee’s regular rate of pay for the first eight (8) hours on the
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seventh (7th) consecutive day of work and double the employee’s regular rate of pay for each hour worked over eight (8) on
the seventh (7th) consecutive day of work in the workweek.
(C) Irrigators. The provisions of subsection (A) above shall apply to an employee covered by this order who performs the
duties of an irrigator.
(D) The provisions of this section are not applicable to employees whose hours of service are regulated by:
(1) The United States Department of Transportation Code of Federal Regulations, title 49, Sections 395.1 to 395.13,
Hours of Service of Drivers; or
(2) Title 13 of the California Code of Regulations, subchapter 6.5, sec. 1200 and following sections, regulating hours of
drivers.
(E) This section shall not apply to any employee covered by a valid collective bargaining agreement if said 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 thirty
percent (30%) more than the state minimum wage.
(See Labor Code Section 514)
4. MINIMUM WAGES
(A) Every employer, regardless of the number of employees, shall pay to each employee wages not less than the following:
(1) Sixteen dollars and ninety cents ($16.90) per hour for all hours worked, effective January 1, 2026;
(2) Sixteen dollars and fifty cents ($16.50) per hour for all hours worked, effective January 1, 2025;
(3) Sixteen dollars ($16.00) per hour for all hours worked, effective January 1, 2024; and
(4) Fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are
treated as employees of that single taxpayer. LEARNERS: Employees during their first 160 hours of employment in
occupations in which they have no previous similar or related experience, may be paid not less than 85 percent of the minimum
wage rounded to the nearest nickel.
(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable
minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission,
or otherwise.
(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum
wage for that workday, except when the employee resides at the place of employment.
(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship
Standards.
(E) The monthly minimum wage for sheepherders or goat herders employed on a regularly scheduled 24-hour shift on a seven-
day-a-week “on call” basis shall be the following:
(1) For employers, regardless of the number of employees: effective January 1, 2026, $3,004.50; effective January 1,
2025, $2,933.51 per month; effective January 1, 2024, $2,844.48 per month; effective January 1, 2023, $2,755.48 per
month.
Payment of the monthly minimum wage does not relieve an employer of the obligation to compensate for overtime work
as required in Section 3 of this order.
(2) Wages paid to sheepherders or goat herders shall not be offset by meals or lodging provided by the employer.
5. REPORTING TIME PAY
(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than
half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work,
but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not
be less than the minimum wage.
(B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours
of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which
shall not be less than the minimum wage.
(C) The foregoing reporting time pay provisions are not applicable when:
(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil
authorities; or
(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or
(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other
than the employee’s scheduled reporting time.
6. LICENSES FOR DISABLED WORKERS
(A) An existing license may be renewed by the Division authorizing employment of a person whose earning capacity is
impaired by physical disability or mental deficiency at less than the minimum wage pursuant to the requirements in Labor
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Code section 1191(a). Such licenses shall be granted only upon joint application of an employer and employee and
employee’s representative if any. This subsection is operative only until January 1, 2025, or until the phase-out plan described
in Labor Code section 1191(c) is released, whichever is later.
(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing
special minimum rates to enable the employment of such persons without requiring individual licenses of such employees.
This subsection is operative only until January 1, 2025.
(C) All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the
Division.
(See Labor Code Sections 1191 and 1191.5)
7. RECORDS
(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and
total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods
need not be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to
the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available
to the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall
be provided to employees. An accurate production record shall be maintained by the employer.
(B) Employers of sheepherders or goat herders shall keep accurate information with respect to sheepherder or goat herder
employees, including an itemized statement showing applicable rates of pay for sheepherding or goat herding and any
applicable non-sheepherding or non-goat herding agricultural or other work, all deductions, dates of period for which paid,
name and social security number (if any) of employee, and name of employer.
(C) Every employer shall semi-monthly or at the time of each payment of wages furnish each employee, either as a detachable
part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1)
all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the
employee’s social security number; and (4) the name of the employer, provided all deductions made on written orders of the
employee may be aggregated and shown as one item.
(D) Every employer of a sheepherder or goat herder shall annually notify the sheepherder or goat herder of his or her rights
and obligations under state and federal law.
(E) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month,
day, and year, and shall be kept on file by the employer for at least three (3) years at the place of employment or at a central
location within the State of California. An employee’s records shall be available for inspection by the employee upon
reasonable request.
8. CASH SHORTAGE AND BREAKAGE
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage,
breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful
act, or by the gross negligence of the employee.
9. UNIFORMS AND EQUIPMENT
(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms
shall be provided and maintained by the employer. The term “uniform” includes wearing apparel and accessories of distinctive
design or color. NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health
Standards Board.
(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and
equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2)
times the minimum wage provided herein, or for sheepherders or goat herders paid on a monthly basis, at least two times the
monthly minimum wage, may be required to provide and maintain hand tools and equipment customarily required by the trade
or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship
Standards. NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the
Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions
of subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be
made pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the
employee may deduct from the employee’s last check the cost of an item furnished pursuant to (A) and (B) above in the event
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said item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer
shall be returned by the employee upon completion of the job.
10. Meals and Lodging.
(A) “Meal” means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.
(B) “Lodging” means living accommodations available to the employee for full-time occupancy, which are adequate, decent,
and sanitary according to usual and customary standards. Employees shall not be required to share a bed.
(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the
employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation,
the amounts so credited may not be more than the following:
EFFECTIVE: JANUARY 1, 2023 JANUARY 1, 2024 JANUARY 1, 2025 JANUARY 1, 2026
For All Employers regardless of the number of Employees:
LODGING
Room occupied alone $72.88/week $75.23/week $77.58/week $79.46/week
Room shared $60.16/week $62.10/week $64.04/week $65.59/week
Apartment – two thirds (2/3) of the
ordinary rental value, and in no event more than: $875.33/month $903.60/month $931.88/month $954.43/month
Where a couple are both employed by the
employer, two thirds (2/3) of the ordinary rental $1,294.83/month $1,336.65/month $1,378.49/month $1,411.85/month
value, and in no event more than:
MEALS
Breakfast $5.60 $5.78 $5.96 $6.10
Lunch $7.72 $7.97 $8.22 $8.42
Dinner $10.35 $10.68 $11.01 $11.28
(D) Meals, evaluated as part of the minimum wage, must be bona fide meals consistent with the employee’s work shift.
Deductions shall not be made for meals not received or lodging not used.
(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under
the control of the employer, then the employer may not charge rent in excess of the values listed herein.
(F) Paragraphs (C), (D), and (E) above shall not apply to sheepherders or goat herders. Every employer shall provide to each
sheepherder or goat herder not less than the minimum monthly meal and lodging benefits required to be provided by
employers of sheepherders or goat herders employed under the provisions of the H-2A program of the federal Immigration
and Nationality Act [8 U.S.C. Section 1101 et seq.], or any successor provisions.
(G) Fixed Site Housing: A sheepherder or goat herder not engaged in open range sheepherding or goat herding, shall be
provided with fixed site housing that complies with all the following standards and requirements:
(1) Toilets (which may include portable toilets) and bathing facilities (which may include a portable facility).
(2) Heating (which may include a camp stove or other sources of heat).
(3) Indoor Lighting.
(4) Potable hot and cold water.
(5) Cooking facilities and utensils.
(6) Refrigeration for perishable foodstuffs (which may include ice chests, provided that ice is delivered to the sheepherder,
as needed, to maintain a continuous temperature required to retard spoilage and assure food safety).
(7) Fixed Site Housing Inspections: housing that is erected for sheepherders or goat herders at fixed locations shall be
annually inspected by the State of California Employment Development Department for compliance with Paragraph (F)
of this section, unless the employer receives a statement in writing from the Employment Development Department that
there are no such inspectors available.
(H) Mobile Housing: When a sheepherder or goat herder is engaged in open range sheepherding or goat herding, the
employer shall provide mobile housing that complies with specified standards and inspection requirements prescribed for
mobile sheepherder or goat herder housing under either of the following, whichever affords the greater protection or benefit:
(1) Housing requirements established by the United States Department of Labor then in effect (see, 20 CFR section
655.235); or
(2) Housing requirements provided in Labor Code sections 2695.2(f) or 2695.4(f).
Such housing shall be inspected and approved annually by an inspector from the Employment Development Department
unless the employer receives a statement in writing from the Employment Development Department that there are no such
inspectors available.
11. MEAL PERIODS
(A) An employer may not employ an employee for a work period of more than five (5) hours without providing the employee
with a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete
the day’s work the meal period may be waived by mutual consent of employer and employee. Unless the employee is relieved
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of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time
worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being
relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. An
employer of a sheepherder or goat herder may be relieved of this obligation if a meal period of 30 minutes cannot reasonably
be provided because no one is available to relieve a sheepherder or goat herder tending flock alone on that day. Where a
meal period of 30 minutes can be provided but not without interruption, a sheepherder or goat herder shall be allowed to
complete the meal period during that day.
(B) An employer may not employ an employee for a work period of more than ten (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.
(See Labor Code Section 512)
12. REST PERIODS
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the
middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten
(10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for
employees whose total daily work time is less than three and one-half (3½) hours. Authorized rest period time shall be
counted, as hours worked for which there shall be no deduction from wages. This section applies to sheepherders and goat
herders to the extent practicable.
13. SEATS
When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for employees working on
or at a machine.
14. OTHER WORKING CONDITIONS APPLICABLE TO SHEEPHERDERS AND GOAT HERDERS
Sheepherders and goat herders shall be provided with all of the following at each work site:
(A) Regular mail service, which, in the case of open range locations, shall mean mail delivery not less frequently than once
every seven days.
(B) An appropriate means of communication, including but not limited to a radio and/or telephone, which will allow
sheepherders and goat herders to communicate with employers, health care providers, an emergency relating to the herding
operation, and government regulators. Employers may charge sheepherders or goat herders for all others uses. Nothing in
this paragraph shall preclude an employer from providing additional means of communication to the sheepherder or goat
herder which are appropriate because telephones or radios are out of range or otherwise inoperable.
(C) Visitor access to the herder’s housing.
15. EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provisions in Section 7, Records;
Section 12, Rest Periods; or Section 13, Seats, would not materially affect the welfare or comfort of employees and would
work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be
in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be
made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the
application is filed with the Division.
16. FILING REPORTS
(See Labor Code, Section 1174(a))
17. INSPECTION
(See Labor Code, Section 1174)
18. PENALTIES
(See Labor Code, Section 1199)
(A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer
who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:
(1) Initial Violation - $50.00 for each underpaid employee for each pay period during which the employee was underpaid in
addition to an amount which is sufficient to recover unpaid wages.
(2) Subsequent Violations - $100.00 for each underpaid employee for each pay period during which the employee was
underpaid in addition to an amount which is sufficient to recover unpaid wages.
(B) Any employer or any other person acting on behalf of the employer who employs sheepherders and who requires them
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to engage in non-sheepherding duties shall be subject to the following penalties:
(1) Initial violations - a civil penalty of one week’s pay computed on a basis of a 60-hour workweek and a wage of no less
than the current minimum wage in effect.
(2) Second violation - a civil penalty of one month’s pay computed on a basis of a 252-hour month and a wage of no less
than the current minimum wage in effect.
(3) Third and subsequent violation - a civil penalty equal to the cost of the contract of the approved “H-2A” job order.
(C) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer
who violates, or causes to be violated, the provisions of Labor Code Sections 2695.2 or 2695.4, including provisions of this
order relating to a sheepherder or goat herder, shall be subject to the civil penalty of:
(1) Initial Violation - $100.00 for each underpaid employee for each pay period during which the employee was underpaid
in addition to an amount which is sufficient to recover unpaid wages.
(2) Subsequent Violations - $250.00 for each underpaid employee for each pay period during which the employee was
underpaid in addition to an amount which is sufficient to recover unpaid wages.
(D) The affected employee shall receive payment of all wages recovered.
(E) The Labor Commissioner may also issue citations pursuant to Labor Code Section 1197.1 for non-payment of wages for
overtime work in violation of this order.
19. SEPARABILITY
If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or
portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions
thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or
unconstitutional had not been included herein.
20. POSTING OF ORDER
Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during
the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this
order and make it available to every employee upon request. A copy of this order shall be posted and made available in a
language understood by the sheepherder or goat herder.
QUESTIONS ABOUT ENFORCEMENT of the Industrial Welfare Commission orders
and reports of violations should be directed to the Labor Commissioner's Office. A listing
of offices is on the back of this wage order. For the address and telephone number of the
office nearest you, information can be found on the internet at http://
www.dir.ca.gov/DLSE/dlse.html or under a search for "California Labor Commissioner's
Office" on the internet or any other directory. The Labor Commissioner has offices in the
following cities: Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland,
Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose,
Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys.
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For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html or contact the State of California at the following department offices:
California Labor Commissioner's Office, also known as, Division of Labor Standards Enforcement (DLSE)
BAKERSFIELD REDDING SAN JOSE
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE
7718 Meany Ave. 250 Hemsted Drive, 2nd Floor, Suite A 224 Airport Parkway, Suite 300
Bakersfield, CA 93308 Redding, CA 96002 San Jose, CA 95110
661-587-3060 530-225-2655 408-277-1266
EL CENTRO SACRAMENTO SANTA ANA
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE
1550 W. Main St. 2031 Howe Ave, Suite 100 2 MacArthur Place Suite 800
El Centro, CA 92243 Sacramento, CA 95825 Santa Ana, CA 92707
760-353-0607 916-263-1811 714-558-4910
FRESNO SALINAS SANTA BARBARA
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE
770 E. Shaw Ave., Suite 222 950 E. Blanco Rd., Suite 204 411 E. Canon Perdido, Room 3
Fresno, CA 93710 Salinas, CA 93901 Santa Barbara, CA 93101
559-244-5340 831-443-3041 805-568-1222
LONG BEACH SAN BERNARDINO
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE SANTA ROSA
1500 Hughes Way, Suite C-202 464 West 4th Street, Room 348 Labor Commissioner's Office/DLSE
Long Beach, CA 90810 San Bernardino, CA 92401 50 “D” Street, Suite 360
562-590-5048 909-383-4334 Santa Rosa, CA 95404
707-576-2362
LOS ANGELES SAN DIEGO
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE STOCKTON
320 W. Fourth St., Suite 450 7575 Metropolitan Dr., Room 210 Labor Commissioner's Office/DLSE
Los Angeles, CA 90013 San Diego, CA 92108 3021 Reynolds Ranch Parkway, Suite 160
213-620-6330 619-220-5451 Lodi, CA 95240
209-948-7771
OAKLAND SAN FRANCISCO
Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE VAN NUYS
1515 Clay Street, Room 801 455 Golden Gate Ave. 10th Floor Labor Commissioner's Office/DLSE
Oakland, CA 94612 San Francisco, CA 94102 6150 Van Nuys Boulevard, Room 206
510-622-3273 415-703-5300 Van Nuys, CA 91401
818-901-5315
OAKLAND – HEADQUARTERS
Labor Commissioner's Office/DLSE
1515 Clay Street, Room 1302
Oakland, CA 94612
510-285-2118
DLSE2@dir.ca.gov
EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures.
Only the results of the alternative workweek election shall be mailed to:
Department of Industrial Relations
Office of the Director - Research
P.O. Box 420603
San Francisco, CA 94142-0603 (415) 703-4780
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