Description
California IWC Wage Order No. 12 – Motion Picture Industry Poster
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 12 – Motion Picture Industry Poster. This 18 x 24-inch notice explains important wage, hour, overtime, meal period, rest period, and working-condition requirements for employees covered by California Industrial Welfare Commission Wage Order No. 12.
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. 12?
IWC Wage Order No. 12-2001 regulates wages, hours, and working conditions for employees in California's Motion Picture Industry.
The order generally applies to persons employed in the motion picture industry, including extra players, teachers, and welfare workers, whether paid on a time, piece-rate, commission, or other basis, subject to applicable exemptions and exclusions.
What Is the Motion Picture Industry?
For purposes of Wage Order No. 12, California defines the Motion Picture Industry as industries, businesses, or establishments operated for the purpose of motion picture or television production or primarily allied with theatrical, television, or motion picture productions.
Covered productions can include motion pictures created for:
- Entertainment
- Television
- Commercial purposes
- Religious purposes
- Educational purposes
- Other covered production purposes
The definition is not limited to traditional film production and can apply whether a production is made using film, tape, or another production medium.
What Types of Productions May Be Covered?
Depending on the employer and work performed, Wage Order No. 12 can apply to employees involved in:
- Feature films
- Television productions
- Commercial productions
- Educational motion pictures
- Religious productions
- Other motion picture productions
- Businesses primarily allied with theatrical, television, or motion picture production
Who Is an Extra Player Under Wage Order 12?
Wage Order No. 12 contains a specific definition of an extra player. Extra players can include individuals employed in motion picture production to perform work such as:
- General extras
- Stand-ins
- Photographic doubles
- Sports players
- Silent-bit performers
- Dress extras
- Dancing extras
- Skating extras
- Swimming or diving extras
- Riding or driving extras
- Singing extras
- Other background performers using actions, gestures, facial expressions, or pantomime
What Is a Location Under Wage Order 12?
Wage Order No. 12 defines a location as a place other than the employer's studio premises where the employer shoots all or part of a motion picture.
This distinction is important because motion picture employees may perform work at studios as well as temporary production locations throughout California.
What Workplace Rules Does Wage Order 12 Cover?
California IWC Wage Order No. 12 addresses numerous wage-and-hour and working-condition requirements for covered motion picture employees, including:
- Hours and days of work
- Overtime compensation
- Alternative workweek schedules
- Minimum wages
- 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 motion picture industry provisions
California Minimum Wage and Wage Order 12
California's statewide minimum wage is updated separately from the underlying IWC Wage Orders. Motion picture employers should comply with the current California Minimum Wage Order and determine whether collective bargaining agreements, local ordinances, or other requirements establish higher compensation obligations.
Employers should maintain the current California Minimum Wage notice together with the applicable IWC industry or occupation Wage Order.
Overtime Under IWC Wage Order 12
Wage Order No. 12 contains overtime requirements specifically applicable to covered motion picture industry employees.
Generally, covered daily and weekly employees may be entitled to overtime compensation at one and one-half times their regular rate of pay for hours worked over eight hours and up to and including 12 hours in a workday.
Covered employees can generally be entitled to double their regular rate of pay for hours worked over 12 in a workday and for applicable hours worked over eight on the seventh consecutive day of work in a workweek.
How Long Can a Motion Picture Employee Work in a Day?
Wage Order No. 12 contains a special motion picture industry provision allowing covered employees to be employed for up to a maximum of 16 hours, including meal periods, in one day from the time they are required to report until they are dismissed, subject to the overtime compensation requirements of the order.
Motion picture employers should carefully review the complete Wage Order and any applicable collective bargaining agreement when scheduling extended production days.
Alternative Workweek Schedules
Wage Order No. 12 contains provisions allowing qualifying employees to work an approved alternative workweek schedule when California's applicable election and scheduling requirements are satisfied.
A properly adopted alternative workweek can allow regularly scheduled workdays of up to 10 hours within a 40-hour workweek without daily overtime for those regularly scheduled hours, subject to the requirements and limitations of the order.
Meal Period Requirements
Wage Order No. 12 contains meal period requirements specifically applicable to motion picture industry employees.
Employers should review the order carefully when scheduling production days, location work, extended shifts, and other motion picture activities to ensure that employees receive applicable meal periods and any compensation required when a compliant meal period is not provided.
Rest Period Requirements
Wage Order No. 12 generally requires employers to authorize and permit covered employees to take paid rest periods.
The authorized rest period is generally based on 10 minutes of net rest time for every four hours worked or major fraction thereof, insofar as practicable near the middle of each work period.
A rest period generally does not need to be authorized when an employee's total daily work time is less than three and one-half hours.
Professional Actors and Wage Order 12
Wage Order No. 12 contains a specific exclusion for professional actors from many of the order's wage-and-hour provisions.
Professional actors should not be confused with extra players. Wage Order No. 12 specifically identifies extra players as covered employees while providing different treatment for professional actors.
Executive, Administrative and Professional Employees
Wage Order No. 12 contains exemptions from certain sections for employees who satisfy California's requirements for executive, administrative, or professional exemptions.
Whether an employee qualifies as exempt depends on actual duties, compensation, and other applicable requirements. A job title, production title, or salaried status alone does not establish an exemption.
Computer Software and Visual Effects Employees
Wage Order No. 12 contains provisions concerning certain highly skilled computer software employees and specifically addresses qualifying computer work performed for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.
California adjusts applicable computer software exemption compensation thresholds periodically. Employers should review the current threshold and duties requirements before treating a visual effects, software, or technical employee as exempt.
Motion Picture Minors
Wage Order No. 12 defines a minor as an individual under 18 years of age. Motion picture productions employing minors can also be subject to additional California child labor, entertainment work permit, schooling, work-hour, and related requirements.
Employers should comply with all applicable California requirements when employing minors in motion picture or television productions.
Collective Bargaining Agreements
Many motion picture and television employees work under collective bargaining agreements. Depending on the employee and provision involved, a collective bargaining agreement can affect compensation, scheduling, meal periods, rest periods, and other employment conditions.
Employers should review both Wage Order No. 12 and the applicable collective bargaining agreement when determining employee rights and obligations.
Where Must IWC Wage Order 12 Be Posted?
California requires every employer subject to Wage Order No. 12 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 production, appropriate locations may include:
- Studio employee areas
- Production offices
- Employee bulletin boards
- Sound stages
- Production base camps
- Location employee areas
- Employee check-in areas
- Other conspicuous locations accessible to covered employees
When the location of work or other conditions make posting impractical, the employer must keep a copy of the order and make it available to every employee upon request.
Is California IWC Wage Order No. 12 Required?
Yes, when Wage Order No. 12 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 and any production-specific notices required by law.
How Do I Know Whether Wage Order 12 Applies?
Wage Order No. 12 generally applies to employees working in the motion picture industry and businesses primarily allied with theatrical, television, or motion picture production.
Employers should evaluate:
- The nature of the production
- The employer's business
- The employee's actual duties
- Whether the employee is an extra player or professional actor
- Whether an exemption applies
- Whether another California Wage Order applies to the work
IWC Wage Order No. 12 Poster Specifications
- 18"W x 24"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Available in English and Spanish
- California Motion Picture Industry Wage Order
California Labor Law and Compliance Resources
Labor Law Compliance Center provides employers and production companies 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.