Description
California IWC Wage Order No. 3 – Canning, Freezing & Preserving Industry
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 3 – Canning, Freezing and Preserving 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. 3.
California employers must determine which Industrial Welfare Commission Wage Order applies to their business or 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. 3?
IWC Wage Order No. 3-2001 regulates wages, hours, and working conditions for employees in California's Canning, Freezing, and Preserving Industry.
The order applies to covered employees whether they are paid by time, piece rate, commission, or another method of compensation, subject to applicable exemptions and exclusions.
Who Is Covered by IWC Wage Order 3?
California defines the Canning, Freezing, and Preserving Industry as businesses or establishments operated for the purpose of preserving covered food products through processes such as:
- Canning
- Cooking
- Curing
- Freezing
- Pickling
- Salting
- Bottling
- Preserving
- Other processing performed for the purpose of preserving covered products
The order also includes operations incidental to covered canning, freezing, and preserving activities.
What Types of Food Products Are Covered?
Wage Order No. 3 can apply when covered preservation processes involve products such as:
- Fruits
- Vegetables
- Soups
- Seafood
- Meat
- Poultry
- Rabbit products
- Other covered food products processed for preservation
What Types of Businesses May Be Covered by Wage Order 3?
Depending on their operations, businesses potentially covered by Wage Order No. 3 may include:
- Fruit and vegetable canneries
- Frozen food processing facilities
- Seafood freezing and preserving operations
- Meat preservation facilities
- Poultry preservation operations
- Pickling facilities
- Food bottling operations involving preservation
- Cured or salted food processing operations
- Soup canning operations
- Other food-processing facilities whose operations are performed for preservation
Wage Order 3 vs. Wage Order 8
Wage Order No. 3 should not be confused with Wage Order No. 8.
Wage Order No. 3 generally covers canning, freezing, curing, pickling, bottling, and other processing performed for the purpose of preserving food products.
Wage Order No. 8 generally covers industries handling certain agricultural and food products after harvest through activities such as grading, sorting, cleaning, cooling, packing, shelling, slaughtering, pasteurizing, and otherwise preparing covered products for distribution.
Food-processing employers should evaluate the purpose and nature of their operations when determining which California Wage Order applies.
What Workplace Rules Does Wage Order 3 Cover?
California IWC Wage Order No. 3 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
- Seats
- Temperature
- Elevators
- Exempt employee classifications
- Other working conditions addressed by the order
California Minimum Wage and Wage Order 3
California's statewide minimum wage is updated separately from the underlying IWC industry Wage Orders. Employers should display the current California Minimum Wage notice together with the applicable Wage Order.
Employers must pay covered employees at least the current applicable California minimum wage and should determine whether another state law, industry requirement, city ordinance, or local ordinance establishes a higher minimum wage.
Overtime Under IWC Wage Order 3
Wage Order No. 3 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.
72-Hour Workweek and Required Time Off
Wage Order No. 3 contains a special provision allowing an employee to work up to a maximum of 72 hours in seven consecutive days, after which the employee generally must receive a 24-hour period off duty.
The order also contains provisions concerning the accumulation of days of rest when the nature of the employment reasonably requires employees to work seven or more consecutive days.
Employers should review the complete Wage Order when scheduling extended workweeks or seasonal production periods.
Alternative Workweek Schedules
Wage Order No. 3 permits qualifying employees to work an approved alternative workweek schedule when California's applicable election and scheduling 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 the requirements and limitations contained in the Wage Order.
Meal Period Requirements
Wage Order No. 3 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.
Night Shift Meal Facilities
Wage Order No. 3 contains a specific provision for meal periods occurring on shifts beginning or ending between 10:00 p.m. and 6:00 a.m.
When a meal period occurs during an applicable night shift, facilities must be available for obtaining hot food and drink or heating food and drink, and employees must be provided with a suitable sheltered location in which to consume their meal.
Rest Period Requirements
Covered nonexempt employees are generally entitled to authorized and permitted rest periods based on the total hours worked, subject to Wage Order No. 3 and applicable California law.
Employers should ensure that employees receive applicable rest periods and that workplace policies accurately reflect current California requirements.
Reporting Time Pay
Wage Order No. 3 contains reporting time pay requirements that can apply when an employee reports for a scheduled workday but is provided less than the required amount of work.
Generally, when an employee reports as required but is furnished less than half of the employee's usual or scheduled day's work, reporting time pay may be owed, subject to the requirements and exceptions contained in the Wage Order.
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. 3 contains requirements concerning additional compensation for split shifts in applicable circumstances.
Uniforms, Tools and Equipment
Wage Order No. 3 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.
When tools or equipment are required or necessary for the job, the Wage Order also establishes employer responsibilities and limited exceptions.
Does Wage Order 3 Apply to Exempt Employees?
Wage Order No. 3 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 legal requirements. A job title or salaried status alone does not establish an exemption.
Where Must IWC Wage Order 3 Be Posted?
California requires every employer subject to Wage Order No. 3 to keep a copy of the order posted in an area frequented by employees where it can be easily read during the workday.
Appropriate locations may include:
- Employee break rooms
- Employee bulletin boards
- Canning and processing facilities
- Freezing facilities
- Food production employee areas
- Warehouse employee areas
- Employee entrances
- Time-clock areas
- Other conspicuous employee locations
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 employees upon request.
Is California IWC Wage Order No. 3 Required?
Yes, when Wage Order No. 3 applies to the employer or employees. California requires employers to post the applicable Industrial Welfare Commission Wage Order in an area frequented by employees where it can be easily read during the workday.
The applicable Wage Order should be displayed with other required California and federal workplace notices. Employers should also maintain the current California Minimum Wage notice with the applicable IWC industry or occupation order.
How Do I Know Which California Wage Order Applies?
California maintains multiple industry and occupation Wage Orders. Food-related businesses should pay particular attention to the differences among Wage Order No. 3, Wage Order No. 8, Wage Order No. 13, Wage Order No. 14, and other potentially applicable industry orders.
The correct Wage Order depends on the employer's operations, where the work is performed, the purpose of the processing activity, and the work employees actually perform.
IWC Wage Order No. 3 Poster Specifications
- 18"W x 24"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- California Canning, Freezing, and Preserving 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.
