Description
California IWC Wage Order No. 13 – Agricultural Products Prepared for Market on the Farm
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 13 – Industries Preparing Agricultural Products for Market, on the Farm Poster. This notice explains important wage, hour, meal period, rest period, and working-condition requirements for employees covered by California Industrial Welfare Commission Wage Order No. 13.
Wage Order No. 13 generally applies to qualifying operations performed on the farm when an employer prepares its own agricultural or related products for market. Employers should carefully distinguish Wage Order No. 13 from Wage Order No. 8 and Wage Order No. 14 when determining which California Wage Order applies.
What Is California IWC Wage Order No. 13?
IWC Wage Order No. 13-2001 regulates wages, hours, and working conditions for employees working in industries preparing agricultural products for market on the farm.
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.
Who Is Covered by Wage Order 13?
Wage Order No. 13 generally applies to operations performed in a permanently fixed structure or establishment on the farm or in a moving packing plant on the farm when the operation prepares covered products for market.
An important requirement is that the operations are performed on premises owned or operated by the same employer who produced the products.
What Products Can Be Covered by Wage Order 13?
California's definition includes preparation for market involving:
- Agricultural products
- Horticultural products
- Eggs
- Poultry
- Meat
- Seafood
- Rabbit products
- Dairy products
Operations incidental to qualifying on-farm preparation activities can also fall within Wage Order No. 13.
What Types of Operations May Fall Under Wage Order 13?
Depending on the circumstances, examples of operations that may fall under Wage Order No. 13 include:
- On-farm packing of the grower's own crops
- On-farm processing of agricultural commodities produced by the employer
- Permanent packing sheds processing the grower's own products
- Moving packing plants processing the grower's own crops on the grower's land
- Dairies processing their own products on the farm
- Egg processing and packing operations when applicable requirements are met
- Nut hulling, cracking, shelling, sorting, and related operations
- Poultry processing involving the grower's own products
- Meat slaughtering involving the grower's own animals on the grower's premises
Wage Order 13 vs. Wage Order 8
The distinction between Wage Order No. 13 and Wage Order No. 8 is particularly important for agricultural packing and processing operations.
Wage Order No. 13 generally applies when the agricultural employer prepares or processes its own products on its own farm or qualifying premises.
Wage Order No. 8 generally applies to commercial after-harvest operations that handle products for distribution and can apply when an operation processes agricultural products produced by other employers.
What if a Grower Packs a Neighbor's Products?
This can change which Wage Order applies. California's Wage Order classification guidance explains that if a grower's packing or processing operation handles products produced by another employer, even a small amount for another grower, the operation may become a commercial operation covered by Wage Order No. 8 rather than Wage Order No. 13.
Agricultural employers that pack or process products for other growers should therefore review their Wage Order classification carefully.
Wage Order 13 vs. Wage Order 14
Wage Order No. 13 should also be distinguished from Wage Order No. 14 – Agricultural Occupations.
Wage Order No. 14 generally covers agricultural activities such as preparing farmland, planting, cultivating, irrigating, pruning, harvesting, and other covered agricultural occupations.
Wage Order No. 13 generally addresses qualifying on-farm operations that prepare the employer's agricultural products for market.
An agricultural operation may therefore have employees performing work that falls under different Wage Orders depending on the activities those employees perform.
Can an Employee Work Under Both Wage Order 13 and Wage Order 14?
Yes, depending on the work performed. California's classification guidance recognizes that an employee may perform activities covered by both Wage Order No. 13 and Wage Order No. 14.
Employers should evaluate the work the employee is actually performing, particularly when determining which Wage Order governs applicable wage-and-hour requirements for particular work periods.
What Workplace Rules Does Wage Order 13 Cover?
California IWC Wage Order No. 13 addresses numerous wage-and-hour and working-condition requirements for covered employees, including:
- Hours and days of work
- Minimum wages
- Reporting time pay
- Payroll and employment records
- Cash shortages and breakage
- Uniforms and equipment
- Meals and lodging
- Meal periods
- Rest periods
- Change rooms and resting facilities
- Exempt employee classifications
- Other working conditions addressed by the order
California Minimum Wage and Wage Order 13
California's statewide minimum wage is updated separately from the underlying IWC Wage Orders. Employers should maintain the current California Minimum Wage notice together with the applicable industry Wage Order.
Employers should also determine whether other state, local, collective bargaining, or industry-specific wage requirements establish higher compensation requirements for their employees.
Meal Period Requirements
Wage Order No. 13 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 California requirements, exceptions, and waiver provisions.
Employers should review the complete Wage Order and current California law when establishing meal-period policies for covered employees.
Rest Period Requirements
Wage Order No. 13 requires employers to authorize and permit covered employees to take applicable 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.
Reporting Time Pay
Wage Order No. 13 contains reporting time pay requirements that can apply when an employee reports for a scheduled workday but is furnished less than the required amount of work.
Agricultural packing and processing employers should review these requirements when employees are called to work but operations are delayed, shortened, or canceled.
Uniforms, Tools and Equipment
Wage Order No. 13 contains requirements addressing uniforms, tools, and equipment required for work.
Employers should review the applicable Wage Order before requiring employees to purchase or maintain uniforms, tools, equipment, or other items necessary to perform their jobs.
Family Members of Agricultural Employers
Wage Order No. 13 contains an exclusion for certain close family members of the employer.
The order does not apply to an individual who is the employer's parent, spouse, child, or legally adopted child.
Employers should distinguish this Wage Order exclusion from other California or federal employment requirements that may independently apply.
Does Wage Order 13 Apply to Exempt Employees?
Wage Order No. 13 contains exemptions from certain sections for qualifying administrative, executive, and professional employees.
The order also excludes outside salespersons and certain public employees from its coverage.
Whether an employee qualifies for an exemption depends on the employee's actual duties, compensation, and applicable California law. A job title alone does not establish exempt status.
Where Must IWC Wage Order 13 Be Posted?
California requires every employer subject to Wage Order No. 13 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 agricultural operation, appropriate locations may include:
- On-farm packing facilities
- Packing sheds
- Employee break areas
- Farm offices
- Employee bulletin boards
- Processing facilities
- Employee entrances
- 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. 13 Required?
Yes, when Wage Order No. 13 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 Which Agricultural Wage Order Applies?
Agricultural employers should carefully distinguish among Wage Order No. 13, Wage Order No. 14, and Wage Order No. 8.
The correct Wage Order can depend on:
- Where the work is performed
- Who produced the agricultural products
- Whether products from other growers are handled
- Whether the work involves growing or harvesting
- Whether the work involves preparing products for market
- Whether the operation is a commercial after-harvest processing facility
- The work employees actually perform
IWC Wage Order No. 13 Poster Specifications
- California Industries Preparing Agricultural Products for Market, on the Farm Wage Order
- Printed for clear and legible workplace display
- Laminated for added durability
- Available in English and Spanish
California Labor Law and Compliance Resources
Labor Law Compliance Center provides agricultural 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.
