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CC SR 20240806 I - Fuel Mod Herder Wages AB 1066 CITY COUNCIL MEETING DATE: 08/06/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to receive a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services. RECOMMENDED COUNCIL ACTION: (1) Receive and file a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services. FISCAL IMPACT: There is no fiscal impact associated with receiving and filing this report. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Vanessa Hevener, Project Manager REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Assembly Bill (AB) 1066 (page A-1) B. Industrial Welfare Commission Order No. 14-2001 (page B-1) BACKGROUND AND DISCUSSION: On June 6, 2023, then-Mayor Pro-Tem Cruikshank requested agendizing an item to explore alternatives to keep costs down for the City’s goat fuel modification vendor, Fire Grazers, Inc (Fire Grazers), in order to reduce the impacts of Assembly Bill 1066 (AB1066) approved by the Governor in 2016. AB 1066 created a timetable for agricultural workers, including sheep and goat herders, to receive overtime pay so that they will gradually receive overtime pay on the same basis as workers in most other industries. At the time of the request in June 2023, there were two legislative bills, AB 143 and AB 1099, working through the legislative process that would remove certain labor protections for 1 goat herding (relating to overtime wages, meals, rest periods, lodging, etc.) from the AB 1066 provision. Neither bill became law. At the time of this writing, there is no new proposed legislation. With virtually the entire Palos Verdes Peninsula designated as a Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (CalFire), the City is required to implement fire mitigation efforts to reduce the amount of fuel loads in City properties, primarily in the Palos Verdes Nature Preserve (Preserve), to help protect property, lives, and wildlife habitats from wildfires. The Los Angeles County Fire Code requires the clearance of hazardous vegetation around structures to create valuable “defensible space” in VHFHSZ for firefighters to make an effective stand against an approaching fire front. The Los Angeles County Fire Department and Los Angeles County Department of Agricultural Commissioner/Weights and Measures, Weed Hazard and Pest Abatement Bureau (LACDAC) jointly enforce these requirements. Within the city limits of Rancho Palos Verdes, fuel modification is required within 200-feet around structures (the Zone “0” as a 5’ ember resistant zone required per Assembly Bill 3074 is not anticipated to go into effect until 2025, at the earliest). The City is responsible for fuel modification in such areas that are within the boundaries of City-owned property, including the Preserve. For several years, the City contracted with Fire Grazers, Inc. (Fire Grazers) for fuel modification services using goat grazing within the Preserve and in other open space areas owned by the City. Goats have been known to provide an effective and environmentally sound method for removal of excess vegetation to mitigate wildfire in a form consistent with the City’s approved Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works more than a workday or workweek. Prior to the implementation of AB 1066, it was common practice for employers who employ sheep and goat herders to pay a monthly minimum wage in lieu of the minimum wage for all hours worked for a regularly scheduled 24-hour shift on a seven-day-a week “on call” basis (due to the work of herders being uniquely nomadic resulting in difficulty tracking actual hours worked). Starting in January 2019, per AB 1066, agricultural employers with a minimum of 26 employees were required to provide overtime pay (1.5 times the regular rate of pay) to agricultural employees who work more than 9.5 hours per workday or 55 hours in any one workweek (employers with 25 or fewer employees are provided with a lengthier timeline to start implementation). This rate has gradually adjusted since 2019 per AB 1066. As of January 1, 2022, overtime is available to agricultural employees who work more than 8 hours per workday or 40 hours in any one workweek; this same rate will be applicable to employers with 25 or 2 fewer employers starting January 1, 2025. Below is a complete timeline for overtime compensation affecting agricultural workers including sheep and goat herders. A coalition of sheep and goat ranchers have been working on an effort to mitigate the impact of AB 1066 to herder wages by seeking administrative relief from Governor Newsom, requesting that he adopt the federal weekly hours work standard for sheep and goat herders in accordance with the Department of Labor. Given the changes to labor codes, compensation to goat herders has significantly impacted the costs to provide wildfire prevention services. The City’s current vendor, Fire Grazers, indicated that they have experienced a significant spike (almost double) in the cost of hiring herders since 2019. In addition, Fire Grazers had to adjust their operations to comply with AB 1066. Fire Grazers is currently paying overtime that meets the hourly and weekly wage thresholds outlined above. As a result of AB 1066, Fire Grazers began incrementally increasing their rates starting on January 1, 2022 and continuing through 2024. The current agreement with Fire Grazers expires at the end of this fire season and Staff will solicit proposals in the coming months to continue services into the future. It is anticipated that the final rate increase associated with AB 1066 will be on January 1, 2025 and will apply to any future vendor. As per then Mayor Pro-Tem Cruikshank’s request to explore alternatives to reduce costs of fuel modification by goats; during the solicitation process, Staff will conduct a pre- proposal conference with all vendors providing such services to discuss ways in which the City can assist potential vendors with reducing their costs. Staff believes that the best way to generate ideas for reducing costs is to hear from the vendors themselves about issues that increase their costs and work to eliminate or minimize those, when feasible. 3 CONCLUSION: While AB 1066 was intended to provide overtime compensation to agricultural workers, fuel modification (goats grazing) contract services is expected to increase unless the State modifies the current labor codes. ALTERNATIVES: 1. Take other action, as deemed appropriate. 4 Assembly Bill No. 1066 CHAPTER 313 An act to amend Section 554 of, and to add Chapter 6 (commencing with Section 857) to Part 2 of Division 2 of, the Labor Code, relating to employment. Approved by Governor September 12, 2016. Filed with Secretary of State September 12, 2016.] legislative counsel’s digest AB 1066, Gonzalez. Agricultural workers: wages, hours, and working conditions. Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee’s regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified. The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 A-1 This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 554 of the Labor Code is amended to read: 554. (a)Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. 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. SEC. 2. Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read: Chapter 6. Agriculture 857. This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. 858. The Legislature finds and declares all of the following: a)Agricultural employees engage in back-breaking work every day. b)Few occupations in today’s America are as physically demanding and exhausting as agricultural work. c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. 92 2 —Ch. 313 A-2 859. For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). 860. Notwithstanding any other provision of law, including Chapter 1 commencing with Section 500): a)1)Commencing January 1, 2019, except as provided in paragraph 2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. 2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. b)1)Commencing January 1, 2020, except as provided in paragraph 2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. 2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. c)1)Commencing January 1, 2021, except as provided in paragraph 2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. 2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. d)1)Commencing January 1, 2022, except as provided in paragraph 2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. 2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 861. Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. 862. (a)Beginning January 1, 2022, except as provided in subdivision c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. 92 Ch. 313— 3 — A-3 b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. c)Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 863. (a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision d) of Section 1182.12. b)If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph 3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. c)The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. 864. The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. O 92 4 —Ch. 313 A-4 —1 IWC FORM 1114 (Rev. 11/2023) OSP 06 98772 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 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(F), 1(G), 3(A), 3(B), 3(C), 3(E) and 11 amended and republished effective January 1, 2017, pursuant to AB 1066, Chapter 313, Statutes of 2016 and section 864 of the Labor Code. Section 6 amended and republished pursuant to SB 639, Chapter 339, Statutes of 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, Chapter 569, Statutes of 2022 effective September 27, 2022, SB 143, Chapter 196, Statutes of 2023 effective September 13, 2023, and sections 2695.2 and 2695.4 of the Labor Code. This Order Must Be Posted Where Employees Can Read It Easily Visit www.dir.ca.gov B-1 — 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, amending section 1182.12 of the Labor Code, and AB 1835, Ch. 230, Stats of 2006, adding sections 1182.12 and 1182.13 to the Labor Code). The Department of Industrial Relations also updated this Industrial Welfare Commission Order pursuant to legislation enacted (AB 1066, Ch. 313, Stats of 2016, adding sections 857 through 864 to the Labor Code, SB 639, Ch. 339, Stats. 2021 amending sections 1191 and 1191.5 of the Labor Code, AB 156, Ch. 569, Stats of 2022, amending sections 2695.1 and 2695.2, and adding sections 2695.3 and 2695.4. to the Labor Code, 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. 2000, chap. 365, amending Labor Code § 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” INDUSTRIAL WELFARE COMMISSION ORDER NO. 14-2001 REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE AGRICULTURAL OCCUPATIONS B-2 — or, effective September 27, 2022, engaged to work as a “goat herder”,” as that occupation is defined in Section 2(N). Section 3(A)(1) shall apply to a sheepherder or “goat herder” employed by a large employer (more than 25 employees) beginning January 1, 2019, and Section 3(A)(2) 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 § 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. Section 3(A)(2) shall apply to a licensed crew member employed by a large employer (more than 25 employees) beginning January 1, 2019, and Section 3(A)(3) 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” means any work except the work defined in section 2(N) below. (J) “Open range sheepherding” means, generally, sheepherding 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) for one month. By its very nature, open range sheepherding 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 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. B-3 — (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) For employers of more than 25 employees: (a) 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. (b) 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. (c) 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. (d) 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. (2) For employers of 25 or fewer employees: (a) Starting January 1, 2022, the overtime standards and compensation in subsection (1)(a) above, shall apply to any employee who works over the specified threshold hours in any one workday or workweek. (b) Starting January 1, 2023, the overtime standards and compensation in subsection (1)(b) above, shall apply to any employee who works over the specified threshold hours in any one workday or workweek. (c) Starting January 1, 2024, the overtime standards and compensation in subsection (1)(c) above, shall apply to any employee who works over the specified threshold hours in any one workday or workweek. (d) Starting January 1, 2025, the overtime standards and compensation in subsection (1)(d) above, shall apply to any employee who works over the specified numbers of hours in any one workday or workweek. (3) For employers of 25 or fewer employees: (See California 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 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) The provisions of subsection (A) above shall not apply to an employee covered by this order during any week in which more than half of such employee’s working time is devoted to performing the duties of an irrigator. Subsection 3(A)(2) shall apply to such an employee employed by a large employer (more than 25 employees) beginning January 1, 2019, and subsection 3(A)(3) shall apply to such an employee employed by a small employer (25 or fewer employees) beginning January 1, 2022. B-4 — (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 California Labor Code, Section 514) 4. MINIMUM WAGES (A) Every employer shall pay to each employee wages not less than the following: (1) All employers, regardless of the number of employees, shall pay to each employee wages not less than the following: (a) Sixteen dollars ($16.00) per hour for all hours worked, effective January 1, 2024, and (b) Fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023. (2) Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages not less than the following: (a) Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022, (b) Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021, and (c) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020. (3) Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: (a) Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, (b) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021, and (c) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020. 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 who employ 26 or more employees: effective January 1, 2024, $2,844.48 per month, effective January 1, 2023, $2,755.48 per month, effective January 1, 2022, $2,666.68 per month, effective January 1, 2021, $2,488.97 per month, effective January 1, 2020, $2,311.24 per month. (2) For employers who employ 25 or fewer employees: effective January 1, 2024, $2,844.48 per month, effective January 1, 2023, $2,755.48 per month, effective January 1, 2022, $2,488.97 per month, effective January 1, 2021, $2,311.24 per month, effective January 1, 2020, $2,133.52 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. (3) 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 B-5 — 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 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 California Labor Code, Sections 1191 and 1191.5.) 7. RECORDS (A) Every employer shall keep accurate information with respect to each employee I 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 B-6 — (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 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 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, 2021 JANUARY 1, 2022 JANUARY 1, 2023 JANUARY 1, 2024 For an employer who employs: 26 or More Employees 25 or Fewer Employees 26 or More Employees 25 or Fewer Employees All Employers regardless of number of Employees All Employers regardless of number of Employees LODGING Room occupied alone $65.83 /week $61.13 /week $70.53 /week $65.83 /week $72.88 /week $75.23 /week Room shared $54.34 /week $50.46 /week $58.22 /week $54.34 /week $60.16 /week $62.10 /week Apartment — two thirds (2/3) of the ordinary rental value, and in no event more than: $790.67 /month $734.21 /month $847.12 /month $790.67 /month $875.33 /month $903.60 /month Where a couple are both employed by the employer, two thirds (2/3) of the ordinary rental value, and in no event more than: $1,169.59 /month $1,086.07 /month $1,253.10 /month $1,169.59 /month $1,294.83 /month $1,336.65 /month MEALS Breakfast $5.06 $4.70 $5.42 $5.06 $5.60 $5.78 Lunch $6.97 $6.47 $7.47 $6.97 $7.72 $7.97 Dinner $9.35 $8.68 $10.02 $9.35 $10.35 $10.68 (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. B-7 — (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 all 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 1695.4(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 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 California 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 fixed site housing and, when practicable, to mobile housing. B-8 — 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 11, Meal Periods; 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 California Labor Code, Section 1174(a)) 17. INSPECTION (See California Labor Code, Section 1174) 18. PENALTIES (See California 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 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 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 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. Note: Authority cited: Sections 864, 1173, and 1182.13, Labor Code; and California Constitution, Article XIV, Section 1. Reference: Sections 858, 859, 860, 861, 862, 864, 1182, 1182.12, 1182.13, and 1184, and 2695.2, Labor Code. B-9 — 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. B-10 — 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 Labor Commissioner's Office/DLSE REDDING Labor Commissioner's Office/DLSE SAN JOSE Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661-587-3060 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-225-2655 224 Airport Parkway, Suite 300 San Jose, CA 95110 408-277-1266 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 92243 760-353-0607 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916-263-1811 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 92707 714-558-4910 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 SANTA BARBARA Labor Commissioner's Office/DLSE 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 1500 Hughes Way, Suite C-202 Labor Commissioner's Office/DLSE 464 West 4th Street, Room 348 SANTA ROSA 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 1515 Clay Street, Room 801 Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10th Floor VAN NUYS 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 Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142-0603 (415) 703-4780 B-11