198 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com § 6 Licenses for Disabled Workers: Certain sub-minimum wages apply for licensed disabled workers. § 7 Records: Employers must record each employee’s full name, home address, occupation, social security number, birthdate (if under 18), must record when each work period begins and ends, and must record each meal period (although the employer need not record meal periods during which operations cease and need not record authorized rest periods). Employer must provide clocks in “all major work areas” or within a “reasonable distance.” The employer must also record split-shift intervals, total daily hours worked, wages paid, other compensation furnished each payroll period, total hours worked each payroll period, applicable rates of pay, etc. Additionally, employers must furnish itemized statements of all deductions, inclusive dates of the period for which the employee is paid, the name of the employee or identifying number, the name of the employer, etc. Employers must make all required records available for inspection by the employee on reasonable request. § 8 Cash Shortage and Breakage: Employers must not deduct from wages for any cash shortage, breakage, or loss of equipment that was not caused by the employee’s dishonest or willful act or by gross negligence. § 9 Uniforms and Equipment: Employers must provide and maintain any required employee uniform, a uniform being “apparel and accessories of distinctive design or color.” Employers must provide and maintain any required tools or equipment, except for hand tools and equipment customarily required by the craft that are used by employees who earn at least twice the minimum wage. While employers may require reasonable deposits for employer-provided uniforms and equipment and written agreements for deductions for loss of unreturned items, employers must not deduct for “normal wear and tear.” § 10 Meals and Lodging: Employers can take certain credits against minimum wage for employer-provided meals and lodging, and charge certain amounts of rent for required living at employer-provided lodging. § 11 Meal Periods: Employers must not make an employee work for a period of more than five hours without a 30-minute off-duty meal period, and must provide a “suitable place” for employees to eat if they are to eat on the premises. Exceptions: mutual-consent waivers if the work shift does not exceed six hours, and permissible “on duty” meal periods by mutual written agreement if the nature of the employee’s work prevents relief from all duty. § 12 Rest Periods: Employers must authorize and permit 10-minute rest periods (which still count as working time) near the middle of each work period of four hours “or major fraction thereof” (more than two hours). Exception: Employers need not authorize a rest period for daily work time that is less than three and one-half hours. § 13 Change Rooms and Resting Facilities: Employers must provide suitable places to safekeep outer clothing during working hours and work clothing during nonworking hours, clean space to change clothing “in reasonable privacy and comfort” (separate from toilet rooms), and suitable facilities to rest during work hours. § 14 Seats: Employers must provide “suitable seats” when the nature of the work “reasonably permits.” If the nature of the work does not reasonably permit the use of a seat, the employer still must make a suitable seat available nearby for use when employees are not engaged in active duties, so long as a seat would not interfere with the performance of those duties. § 15 Temperature: Employers must maintain, in each work area, temperatures providing “reasonable comfort, consistent with industry-wide standards for the nature of the process and the work performed.” Employers also must remove “excessive heat or humidity” created by work and must maintain the temperature in toilet, resting, and change rooms at or above 68 degrees.
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