California · commercial passenger fishing (WO 10 § 4(E))
CA passenger fishing trip wage (MW formula)
For crew on a licensed commercial passenger fishing boat, IWC Wage Order 10 § 4(E) / 8 CCR § 11100 lets the employer satisfy minimum wage with a trip formula: half-day 6×MW, three-quarter 10×MW, full-day & overnight 12×MW, plus excess hours at MW. OT-exempt under § 3(N). Not LC 510, not CA ski, not MO amusement.
How Wage Order 10 § 4(E) pays
§ 4(E) says that if the employee is a crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code, the minimum wage obligation may, at the employer’s option, be satisfied by paying according to the formula: a one-half day trip (maximum six hours) at no less than six times the hourly minimum wage; a three-quarter day trip (maximum ten hours) at no less than ten times; a full-day trip (maximum twelve hours) at no less than twelve times; and an overnight trip (maximum twelve hours worked within a period of no less than twenty-four hours) at no less than twelve times. Nothing in the subsection relieves the employer of paying no less than the minimum wage for all hours worked — so hours over the formula band are additional hours at MW (§ 7(E) records).
§ 3(N) makes Section 3 (Hours and Days of Work) inapplicable to that crew. § 7(E) lets Sections 3 and 5 (reporting time) be satisfied by expressing hours in the § 4(E) formula. Overnight § 12(C) requires no less than eight hours off-duty in each 24-hour period (flagged here; not a pay premium). Statewide MW is $16.90 effective 1 January 2026 (DIR republish of Wage Order 10); type a higher local floor when one applies.
Half-day 5h @ $16.90 → still $101.40 (6×MW).
Half-day 8h @ $16.90 → 6×MW + 2h excess = $135.20.
Full-day 12h @ $16.90 → $202.80 (12×MW).
Same 12h on /california-overtime/ → 8 + 4 OT = $236.60.
Three-quarter 10h @ $16.90 → $169.00.
Five full-day 10h trips @ $16.90 → 5 × 12×MW = $1,014.00 (no weekly OT).
Overnight 12h with ≥8h off-duty @ $16.90 → $202.80.
Sources
- IWC Wage Order 10 — Amusement and Recreation Industry (official DIR PDF; § 4(E) trip formula, § 3(N), § 7(E), § 12(C))
- 8 CCR § 11100 — Wage Order 10 as California Code of Regulations
- DIR IWC wage order industries index
- Fish & Game Code §§ 7920–7925 — Commercial passenger fishing boat licenses (Article 5)
- DIR DLSE — Minimum Wage FAQ (statewide MW)
- IWC amended agenda 6/30/2000 — adoption history of § 4(E) fishing formula
FAQ
What is the Wage Order 10 § 4(E) fishing trip formula?
Half-day ≥6×MW (max 6h); three-quarter ≥10×MW (max 10h); full-day ≥12×MW (max 12h); overnight ≥12×MW (max 12h within ≥24h). Excess hours over the band pay at least MW.
Do CPF crew get California daily overtime (LC 510)?
Not under this wage-order path. § 3(N) turns Section 3 off for CPF crew; § 7(E) lets the formula express hours for Sections 3 and 5. Compare the same punches on /california-overtime/.
Is this California ski overtime under the same wage order?
No. /california-ski-overtime/ is WO 10 § 3(K) after 10/day or 48/week. This page is § 4(E) trip MW for licensed CPFV crew.
What about overnight off-duty time?
§ 12(C) requires ≥8 hours off-duty in each 24-hour overnight period. Shortfalls are flagged; this page does not invent a pay premium.
Which minimum wage rate applies?
Statewide $16.90 as of 1 Jan 2026, or a higher local MW if one applies. Type the applicable hourly floor.
Who is covered?
Crew on a commercial passenger fishing boat licensed under Fish & Game Code Article 5 (§ 7920). Unlicensed vessels and land-side WO 10 staff are out of scope.