California Wage Order 10: Amusement and Recreation Industry Rules

California Wage Order 10 sets the pay, hours and working-condition rules for the amusement and recreation industry: businesses that provide entertainment or recreation to the public, such as theaters, amusement parks, bowling alleys, golf courses, gyms for sports, skating rinks, racetracks, ski resorts, zoos, casinos and card rooms, and charter fishing boats. It covers ride operators, ticket takers, ushers, groundskeepers, lifeguards, stable hands and office staff alike, unless they fall into an exemption.

Order 10 has several industry-specific rules: a 48-hour workweek for ski resorts, a trip-based pay formula for fishing-boat crews, coverage for everyone working at a horse racing facility, and carve-outs for traveling carnival ride operators, professional actors and minor league baseball players. DIR republished Order 10 for 2026 with the current $16.90 minimum wage, which rises to $17.40 on January 1, 2027.

This guide explains who Order 10 covers, who is exempt, its overtime exceptions, breaks, reporting time, uniforms and lodging credits, records, and what to do if you were underpaid.

Who Wage Order 10 covers

Order 10 defines the industry as any business “operated for the purpose of furnishing entertainment or recreation to the public,” including “theaters, dance halls, bowling alleys, billiard parlors, skating rinks, riding academies, racetracks, amusement parks, athletic fields, swimming pools, gymnasiums, golf courses, tennis courts, carnivals, and wired music studios” (Order 10, §2(A); Cal. Code Regs., tit. 8, §11100).

The Labor Commissioner’s “Which IWC Order?” guide adds aquariums, botanical gardens, card rooms and casinos, bingo parlors, charter and party fishing boats, ice rinks, ski facilities and lifts, rodeos, racing stables, zoos, theatrical companies, and orchestras, opera, symphony and music festival organizations.

Order 10 also expressly applies to all employees of any employer operating a business at a horse racing facility, including stable employees such as grooms, hot walkers and exercise workers employed by a trainer at a racetrack or non-farm training facility (§1(B)).

Industry first, then occupation

Coverage follows the employer’s main business. The Labor Commissioner’s guide gives these dividing lines:

• A nightclub whose main purpose is entertainment is under Order 10; if food or drink is served other than incidentally, it falls under Order 5.
• Gyms used mainly for spectator or participatory sports are Order 10; bodybuilding and weight-control businesses fall under Order 2.
• Incidental food service at a theater, bowling alley or golf club doesn’t change the classification, but a separately owned restaurant at a golf club is under Order 5.

By the numbers$202.80

Who is exempt from Order 10

Properly classified executive, administrative and professional employees are exempt from the hours, overtime and break sections (§§3–12) if they mainly perform exempt duties, regularly exercise discretion and independent judgment, and earn at least twice the state minimum wage for full-time work: $70,304 a year in 2026 and $72,384 in 2027. See misclassified exempt employees.

Order 10 then limits its coverage for several groups:

Group	What applies	Section
Full-time carnival ride operators employed by traveling carnivals	Only §§1, 2, 4 (minimum wage), 10 (meals and lodging) and 20 (penalties)	§1(F)
Professional actors	Only §§1, 2, 4, 10 and 20	§1(I)
Minor league baseball players under a contract meeting Labor Code §514.5(a)	Only §§1, 2, 8 and 13–22	§1(J)
Government employees	Only §§1, 2, 4, 10 and 20	§1(C)
Outside salespersons; employer’s parent, spouse or child; national service participants	Order does not apply	§1(D), (E), (G)

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Overtime under Order 10, and its special exceptions

The standard rule tracks Labor Code §510: time and a half after 8 hours in a workday or 40 in a workweek and for the first 8 hours on the seventh consecutive day; double time after 12 hours in a day and after 8 hours on the seventh day. Alternative workweeks of up to 10-hour days require a two-thirds secret-ballot vote (see alternative workweeks).

Order 10’s exceptions:

• Ski establishments (§3(K)). During any month when Alpine or Nordic skiing activities, including snowmaking and grooming, are actually being conducted, a ski establishment may schedule a regular workweek of up to 48 hours. Employees must still get at least time and a half for hours over 10 in a day or 48 in a workweek.
• Motion picture projectionists (§3(G)). The hours section doesn’t apply to employees whose duties are exclusively those of a projectionist.
• Commercial passenger fishing boat crews (§3(N)). The hours section doesn’t apply to crew members on licensed commercial passenger fishing boats, who are instead covered by the trip-pay formula below.
• Drivers whose hours are regulated by federal or California hours-of-service rules are outside the hours section (§3(L)).
• Union contracts with premium overtime and a regular rate at least 30% above minimum wage displace most of the hours section (§3(I); Labor Code §514).

Fishing-boat crews: the trip-pay formula

For crew on a licensed commercial passenger fishing boat, the employer may choose to satisfy the minimum wage by paying per trip (§4(E)):

Trip type	Maximum hours	Minimum pay	2026 amount at $16.90
Half-day trip	6 hours	6 × hourly minimum wage	$101.40
Three-quarter-day trip	10 hours	10 × hourly minimum wage	$169.00
Full-day trip	12 hours	12 × hourly minimum wage	$202.80
Overnight trip	12 hours worked within at least 24 hours	12 × hourly minimum wage	$202.80

The formula does not relieve the employer of paying at least minimum wage for all hours worked; hours beyond the formula must be recorded as additional hours (§7(E)). On an overnight trip, crew must get at least 8 hours off duty in each 24-hour period (§12(C)).

💡 Example: Luis crews a full-day charter in 2026 that leaves the dock at 5 a.m. and returns at 7 p.m. Counting his prep and cleanup, he works 14 hours. The full-day formula covers only 12 hours ($202.80). His 2 additional hours must be recorded and paid at no less than $16.90 each, so his pay for the trip must be at least $236.60. (Hypothetical; a higher local minimum wage could raise these figures.)

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Meal and rest breaks

• Meal periods (§11; Labor Code §512): 30 minutes when you work more than 5 hours, and a second 30 minutes when you work more than 10, with the usual limited waivers. On-duty meals require that the work prevents relief and a written agreement you can revoke in writing.
• Rest periods (§12): 10 minutes of paid rest per 4 hours worked or major fraction thereof, not required if total daily work time is under 3½ hours.
• Night shifts: if a meal period falls on a shift that begins or ends between 10 p.m. and 6 a.m., hot food and drink (or a way to heat food) and a sheltered place to eat must be available (§3(F)).
• Premiums: one hour of pay at your regular rate for each workday a meal period is missed, and one for each workday a rest period is missed (Labor Code §226.7). See meal and rest break premiums.

A busy day at a ride station, concession stand or lifeguard tower doesn’t suspend these rules.

Key fact

Reporting time, split shifts, uniforms and lodging

Reporting time (§5). If you report and get less than half your scheduled day, you’re owed half the scheduled day’s pay, at least 2 and no more than 4 hours, at your regular rate. The exceptions include acts of God and other causes outside the employer’s control, threats to people or property, and utility failures. Split shifts earn one extra hour’s pay at the minimum wage (§4(C)). See split-shift and reporting time pay.

Uniforms and equipment (§9). Required uniforms (wearing apparel and accessories of distinctive design or color) must be provided and maintained by the employer, as must required tools and equipment (except hand tools customarily required by the trade for employees earning at least twice the minimum wage). Other necessary costs may be reimbursable under Labor Code §2802; see expense reimbursement.

Meals and lodging (§10). Meals and lodging can count toward the minimum wage only under a voluntary written agreement, up to these 2026 maximums printed in the republished Order 10:

Credit (2026, all employers)	Maximum
Room occupied alone / shared	$79.46 / $65.59 per week
Apartment	Two-thirds of ordinary rental value, up to $954.43 per month
Apartment, couple both employed	Two-thirds of ordinary rental value, up to $1,411.85 per month
Breakfast / Lunch / Dinner	$6.10 / $8.42 / $11.28

If you must live on site as a condition of the job, the employer can’t charge more than these values, and you can’t be charged for meals you didn’t receive or lodging you didn’t use.

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Seats, records and what changes in 2027

Employees must get suitable seats when the nature of the work reasonably permits, such as ticket booths or attendant stations, and seats nearby for rest when the job otherwise requires standing (§14). Employers must record each work period’s start and end, meal periods, split-shift intervals and daily totals, and keep records for at least three years (§7). Deductions for cash shortages or breakage are barred unless caused by dishonesty, a willful act or gross negligence (§8).

The Industrial Welfare Commission was defunded in 2004, but its orders remain in effect, and DIR updates the wage and credit figures each year (Labor Code §1182.13). The 2026 Order 10 shows $16.90; from January 1, 2027, the state minimum is $17.40 and the exempt salary threshold is $72,384, and the fishing-boat trip amounts rise with it. Many cities set higher minimums (see minimum wage by city). Where the Labor Code gives more than the order, the Labor Code controls.

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What to do if your employer isn’t following Order 10

1. Confirm the order by identifying your employer’s main business, and whether you fall into a special category such as ski, fishing-boat or carnival work.
2. Track your hours, including weather cancellations, prep and cleanup time, and missed breaks.
3. Check your stubs using our wage and hour calculator.
4. Act within the deadline: most wage claims must be brought within three years (Code of Civil Procedure §338).
5. Compare your options for a Labor Commissioner claim or a lawsuit.

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Frequently asked questions

Does Wage Order 10 cover amusement park workers?

Yes. Amusement parks are listed in the order’s definition, so ride operators, game attendants, ticket takers and park office staff are generally covered, unless they meet an exemption.

Do ski resort workers get overtime after 8 hours?

During months when skiing activities are actually being conducted, a ski establishment may schedule up to 48 hours a week, with time and a half required after 10 hours in a day or 48 hours in a week.

How are deckhands on fishing charters paid?

The employer may pay a trip rate of 6, 10 or 12 times the hourly minimum wage, depending on the trip, but must still pay at least minimum wage for every hour worked beyond the formula.

Are traveling carnival workers covered?

Full-time ride operators employed by traveling carnivals are covered only by Order 10’s minimum wage, meals and lodging, and penalty sections, not its overtime or break sections. Other carnival employees are covered by the full order.

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