Description
California IWC Wage Order No. 10 – Amusement & Recreation Industry Poster
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 10 – Amusement and Recreation Industry Poster. This 18 x 24-inch notice explains important wage, hour, overtime, meal period, rest period, reporting time, and working-condition requirements for employees covered by California Industrial Welfare Commission Wage Order No. 10.
California employers must determine which Industrial Welfare Commission Wage Order applies to their employees and post the applicable order in an area frequented by employees where it can be easily read during the workday.
What Is California IWC Wage Order No. 10?
IWC Wage Order No. 10-2001 regulates wages, hours, and working conditions for employees in California's Amusement and Recreation Industry.
The order applies to covered employees whether they are paid on a time, piece-rate, commission, or other basis, subject to applicable exemptions and exclusions.
What Is the Amusement and Recreation Industry?
California defines the Amusement and Recreation Industry as industries, businesses, or establishments operated for the purpose of furnishing entertainment or recreation to the public.
Businesses specifically identified by California include:
- Theaters
- Dance halls
- Bowling alleys
- Billiard parlors
- Skating rinks
- Riding academies
- Racetracks
- Amusement parks
- Athletic fields
- Swimming pools
- Gymnasiums
- Golf courses
- Tennis courts
- Carnivals
- Wired music studios
- Other establishments furnishing entertainment or recreation to the public
What Types of Employers May Be Covered by Wage Order 10?
Wage Order No. 10 can apply to a broad range of California recreation and entertainment employers.
Depending on the nature of the business, potentially covered operations can include:
- Amusement and theme parks
- Bowling centers
- Skating facilities
- Golf and tennis facilities
- Swimming and recreation facilities
- Athletic facilities
- Racetracks
- Horse-racing facilities
- Carnivals
- Theaters
- Dance and entertainment venues
- Other public amusement or recreation businesses
Horse Racing Employees and Wage Order 10
Wage Order No. 10 expressly applies to employees of employers operating businesses at horse-racing facilities, including certain stable employees.
Stable employees can include:
- Grooms
- Hot walkers
- Exercise workers
- Other employees engaged in raising, feeding, or managing racehorses
This coverage can apply to employees working for trainers at racetracks or other non-farm training facilities.
Ski Establishments and Wage Order 10
Wage Order No. 10 contains special scheduling provisions for qualifying ski establishments.
During months when Alpine or Nordic skiing activities, including snowmaking and grooming, are actually being conducted, a qualifying ski establishment may use a regularly scheduled workweek of up to 48 hours under the conditions established by the Wage Order.
Employees covered by this provision must receive applicable overtime compensation for hours worked over the limits established by Wage Order No. 10.
Traveling Carnival Ride Operators
Wage Order No. 10 contains special provisions concerning certain full-time carnival ride operators employed by traveling carnivals.
Some sections of the Wage Order do not apply to qualifying traveling carnival ride operators, while other provisions continue to apply. Carnival employers should review the complete Wage Order when determining employee wage-and-hour requirements.
Commercial Passenger Fishing Boat Employees
Wage Order No. 10 contains special provisions for crew members employed on qualifying commercial passenger fishing boats.
Depending on the trip, the Wage Order establishes special compensation formulas for:
- One-half-day trips
- Three-quarter-day trips
- Full-day trips
- Overnight trips
These provisions do not eliminate the employer's obligation to ensure employees receive at least the applicable minimum wage for all hours worked.
Professional Actors and Wage Order 10
Wage Order No. 10 contains an exclusion from many of its provisions for professional actors.
Employers involved in theaters, entertainment venues, or productions should determine whether an employee qualifies as a professional actor and whether another California Wage Order, including the Motion Picture Industry Wage Order, applies to the work performed.
Minor League Baseball Players
Wage Order No. 10 contains special provisions concerning certain individuals under contract to play baseball at the minor league level when the requirements of California law are satisfied.
Employers and organizations involved in professional baseball should review the current Wage Order and applicable California Labor Code requirements when determining coverage.
What Workplace Rules Does Wage Order 10 Cover?
California IWC Wage Order No. 10 addresses numerous wage-and-hour and working-condition requirements for covered employees, including:
- Hours and days of work
- Overtime compensation
- Alternative workweek schedules
- Minimum wages
- Reporting time pay
- Split shifts
- Payroll and employment records
- Cash shortages and breakage
- Uniforms and equipment
- Meals and lodging
- Meal periods
- Rest periods
- Changing rooms and resting facilities
- Seats
- Exempt employee classifications
- Special recreation and amusement industry provisions
California Minimum Wage and Wage Order 10
California's statewide minimum wage is updated separately from the underlying IWC Wage Orders. Employers should comply with the current California Minimum Wage Order and determine whether a local ordinance or other applicable law establishes a higher minimum wage.
Employers should maintain the current California Minimum Wage notice together with the applicable IWC industry or occupation Wage Order.
Overtime Under IWC Wage Order 10
Wage Order No. 10 contains California overtime requirements for covered nonexempt employees.
Generally, covered employees may be entitled to overtime compensation at one and one-half times their regular rate of pay for applicable hours worked over eight hours in a workday, over 40 hours in a workweek, and for the first eight hours worked on the seventh consecutive day of work in a workweek.
Applicable hours worked over 12 in a workday and over eight hours on the seventh consecutive day can require double-time compensation.
Special rules can apply to employees working at ski establishments, commercial passenger fishing boats, and other operations specifically addressed by Wage Order No. 10.
Alternative Workweek Schedules
Wage Order No. 10 contains provisions allowing qualifying employees to work an approved alternative workweek schedule when California's applicable election, scheduling, and other requirements are satisfied.
A properly adopted alternative workweek may permit regularly scheduled workdays of up to 10 hours within a 40-hour workweek without daily overtime for those regularly scheduled hours, subject to applicable requirements.
Meal Period Requirements
Wage Order No. 10 contains meal period requirements for covered employees. In general, covered employees may not be employed for a work period of more than five hours without receiving a meal period, subject to applicable exceptions and waiver provisions.
A second meal period may also be required when an employee works more than 10 hours in a workday, subject to applicable California requirements.
Rest Period Requirements
Covered nonexempt employees are generally entitled to authorized and permitted rest periods based on the total hours worked.
Wage Order No. 10 generally bases authorized rest periods on 10 minutes of net rest time for every four hours worked or major fraction thereof, subject to the provisions of the order.
Reporting Time Pay
Wage Order No. 10 contains reporting time pay requirements that can apply when an employee reports for a scheduled workday but is not put to work or is provided less than the required amount of work.
Generally, an employee who reports as required but receives less than half of the usual or scheduled day's work may be entitled to reporting time pay, subject to the requirements and exceptions contained in the Wage Order.
This can be particularly relevant to amusement and recreation employers whose operations are affected by attendance, events, weather, or other scheduling changes.
Split Shift Requirements
A split shift is a work schedule interrupted by unpaid, non-working periods established by the employer other than bona fide meal or rest periods.
Wage Order No. 10 contains requirements concerning additional compensation for split shifts in applicable circumstances.
Uniforms, Tools and Equipment
Wage Order No. 10 contains requirements concerning uniforms, tools, and equipment required for work.
When an employer requires an employee to wear a uniform as a condition of employment, applicable California requirements generally place responsibility for providing and maintaining the uniform on the employer.
The Wage Order also addresses employer responsibilities involving tools and equipment required or necessary for employees to perform their work.
Cash Shortages, Breakage and Equipment Loss
Wage Order No. 10 generally restricts deductions or employee reimbursement requirements involving cash shortages, breakage, or equipment loss unless applicable requirements involving dishonest or willful conduct or gross negligence are satisfied.
Does Wage Order 10 Apply to Exempt Employees?
Wage Order No. 10 contains exemptions from certain sections for employees who satisfy California's requirements for executive, administrative, or professional exemptions.
The order also contains exclusions or special provisions for outside salespersons, certain family members of the employer, traveling carnival ride operators, commercial passenger fishing boat crew members, professional actors, certain public employees, and qualifying minor league baseball players.
Whether an employee qualifies for an exemption or exclusion depends on the employee's actual duties, compensation, and applicable legal requirements.
Where Must IWC Wage Order 10 Be Posted?
California requires every employer subject to Wage Order No. 10 to keep a copy of the order posted in an area frequented by employees where it can be easily read during the workday.
Depending on the business, appropriate locations may include:
- Employee break rooms
- Employee bulletin boards
- Amusement park employee areas
- Recreation facility employee areas
- Racetrack and stable employee areas
- Golf or athletic facility employee areas
- Employee entrances
- Time-clock areas
- Human Resources areas
- Other conspicuous employee locations
When the location of work or other conditions make posting impractical, the employer must keep a copy of the Wage Order and make it available to every employee upon request.
Is California IWC Wage Order No. 10 Required?
Yes, when Wage Order No. 10 applies to the employer's employees. California requires covered employers to maintain the applicable Industrial Welfare Commission Wage Order where employees can easily read it during the workday.
The Wage Order should be maintained with other applicable California and federal workplace notices.
How Do I Know Whether Wage Order 10 Applies?
Wage Order No. 10 generally applies when an employer operates a business or establishment for the purpose of providing entertainment or recreation to the public.
Employers should evaluate:
- The nature of the business
- The entertainment or recreational services provided
- The employee's actual duties
- Whether another California Wage Order applies
- Whether an applicable exemption, exclusion, or special provision applies
IWC Wage Order No. 10 Poster Specifications
- 18"W x 24"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- California Amusement and Recreation Industry Wage Order
California Labor Law and Compliance Resources
Labor Law Compliance Center provides employers with California labor law posters, IWC Wage Orders, city and local workplace notices, specialty postings, and compliance resources throughout the United States. Browse our California IWC Wage Orders or visit our California Labor Law Posters page for additional California workplace posting requirements and compliance products.