California Industrial Welfare Commission (IWC) Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations Poster

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 4 -2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
PROFESSIONAL,  TECHNICAL,  	CLERICAL,	 	
MECHANICAL  AND  SIMILAR  OCCUPATIONS	 	
Effective January 1, 2 001 as amended  	
 	
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
Relations, effective January 1,  2023, pursuant to SB 13, Chapter 4, Statutes of 2016  and 
section 1182.13 of the Labor  Code  
 
  This Order  Must  Be Posted  Where  Employees  Can Read  It  Easily  
 
 
 
 
 
 
 
 
 	
IWC FORM 1104 (Rev.  11/2022 ) 
OSP 06  98762

—	1 	  	
Please Post With  This  Side  Showing	 	
OFFICIAL NOTICE 	
Effective  January 1, 2001  as amended	 	
Sections  4(A) and  10(C)  amended  and  republished  by  the  Department  of  Industrial  
Relations,  effective  January 1, 2023,  pursuant  to  SB  3, Chapter  4,  Statutes  of 2016  and 
section  1182.13  of the Labor  Code	
 	
 	
INDUSTRIAL WELFARE  COMMISSION 
ORDER NO.   4-2001 
REGULATING  
WAGES, HOURS AND WORKING CONDITIONS IN THE  	
PROFESSIONAL, TECHNICAL,  CLERICAL,  MECHANICAL  AND  SIMILAR  
OCCUPATIONS	
 	
TAKE  NOTICE:  	To employers  and  representatives  of  persons  working  in industries  and  occupations  in  the  State  of  California: 
The Department  of  Industrial  Relations amends and  republishes the minimum wage and meals and lodging credits in the Industrial 
Welfare Commission ’s Orders as a result of legislation enacted ( SB 3, Ch. 4 , Stats of 201 6, amending section 1182.12  of the  California 
Labor  Code),  and pursuant  to  section  1182.13  of the  California  Labor  Code.  The  amendments  and  republishing  make no  other changes 
to the IWC ’s Orders. 	
1. APPLICABILITY OF  ORDER 	
This  order  shall  apply  to  all  persons  employed  in professional,  technical,  clerical,  mechanical,  and  similar  occupations  
whether  paid  on a time,  piece  rate,  commission,  or  other  basis,  except  that:	
 	
(A)  	Provisions  of Sections   3 through  12 shall  not  apply  to  persons  employed  in administrative,  executive,  or  professional  
capacities. The following requirements shall apply in determining whether an employee’s  duties meet the test to qualify for  an 
exemption from  those sections: 
(1)  	Executive  Exemption.  A person  employed  in an  executive  capacity  means  any  employee:	 	
(a)  	Whose  duties and  responsibilities  involve the  management  of  the  enterprise  in which  he/she  is employed  or of  a 
customarily recognized  department or subdivision  thereof;  and 	
(b)  	Who  customarily  and  regularly  directs  the  work  of  two  or  more  other employees  therein;  and	 	
(c)  	Who  has the  authority  to  hire  or  fire  other  employees  or  whose  suggestions  and  recommendations  as  to  the 
hiring  or firing  and  as  to  the  advancement  and  promotion  or  any  other  change  of status  of  other  employees  will  be given  
particular  weight;  and	
 	
(d)  	Who  customarily  and  regularly  exercises  discretion  and independent  judgment;  and 	
(e)  	Who  is primarily  engaged  in duties  which  meet  the test  of  the  exemption.  The  activities  constituting  exempt  work and  
non-  exempt  work shall  be  construed  in the  same  manner  as  such  items  are  construed  in the  following  regulations  under  the 
Fair  Labor  Standards Act  effective  as of  the  date  of this  order:  29 C.F.R.  Sections  541.102,  541.104- 111, and  541.115- 116. 
Exempt  work  shall  include,  for example, all  work  that  is  directly  and  closely  related  to exempt  work  and  work  which  is  properly  
viewed  as  a  means  for  carrying  out  exempt  functions. The  work actually  performed  by the  employee  during the course  of the 
workweek  must,  first and  foremost,  be  examined  and the amount  of time  the employee  spends  on  such  work,  together  with  the  
employer’s  realistic  expectations  and  the realistic  requirements  of  the  job, shall be  considered  in determining  whether  the  
employee  satisfies this requirement.  	
(f) Such  an employee  must also  earn a  monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minimum  wage  
for 	
full -time  employment.  Full -time  employment  is  defined  in Labor  Code  Section  515(c)  as  40  hours  per  week.	 	
(2)  	Administrative  Exemption.  A person  employed  in  an  administrative  capacity  means  any  employee:	 	
(a)  	 Whose  duties and  responsibilities  involve either: 
(i) The  performance  of office  or non- manual  work  directly  related  to management  policies  or general   business  
operations  of his/her  employer  or  his/her  employer’s  customers;  or  
(ii)  	The  performance  of functions  in  the  administration  of  a  school  system,  or  educational  establishment  or  
institution,  or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on 
therein; and 	
(b)  	 Who  customarily  and  regularly  exercises  discretion  and  independent  judgment;  and 	
(c)  W	ho  regularly  and  directly  assists  a proprietor,  or  an  employee  employed in  a  bona  fide executive  or  
administrative  capacity (as	
 such terms are defined for purposes of this section); or	 	
(d) Who  performs  under  only  general  supervision  work along  specialized  or  technical  lines  requiring 
special  training,  experience,  or  knowledge;  or	
 	
(e)   Who  executes  under  only  general  supervision  special assignments  and  tasks;  and	 	
(f)  Who is primarily engaged in duties that meet the test of the exemption. The activities constituting  exempt work 
and  non-  exempt  work shall  be  construed  in the  same manner  as  such  terms are  construed  in the  following  regulations  
under  the  Fair  Labor  Standards  Act  effective  as of  the  date  of this  order:  29 C.F.R.  Sections  541.201- 205, 541.207- 208, 541.210,  and 
541.215.  Exempt  work  shall include,  for  example,  all  work  that  is  directly  and  closely  related to exempt  work and  work  which  is 
properly  viewed  as  a  means  for  carrying  out exempt functions. The work actually performed by  the employee during the course

—	9 	  	
(E) 	If, as  a  condition  of  employment,  the  employee  must live  at  the  place  of employment  or  occupy  quarters  owned  or under  
the  control  of  the  employer,  then  the employer  may  not charge  rent in  excess  of  the  values  listed  herein.	
 
 	
11.  MEAL  PERIODS  	
(A) 	No employer shall employ any person  for a work period of more than five (5) hours without a meal period of not less than 
30  minutes, except that when a work period of not more than six (6) hours will complete the  day’s work the meal period may be 
waived  by mutual consent of the employer and the employee.  Unless the employee is relieved of all duty during a 30 minute meal 
period, the  meal period  shall be  considered  an “on  duty ” meal  period  and  counted  as time  worked.  An  “ on  duty ” meal  period  shall be 
permitted only  when the  nature of the work  prevents an employee from  being relieved of all  duty  and  when by  written  agreement  
between  the parties  an  on- the- job  paid  meal  period  is agreed  to. The written  agreement  shall  state  that the  employee  may,  in  
writing,  revoke  the agreement  at  any  time.  	
(B) 	If an  employer  fails  to  provide  an employee  a meal  period  in accordance  with the  applicable  provisions  of  this  order,  
the  employer  shall  pay the employee one (1) hour of  pay at the employee’s regular rate of compensation for each workday 
that the meal period is  not  provided.	
 	
(C)  	In all  places  of employment  where employees  are required  to eat on the  premises,  a suitable place  for  that  purpose  shall 
be designated.  	
(D) 	Notwithstanding  any  other  provision  of this  order,  employees  in  the  health  care  industry  who  work  shifts  in  excess  of  eight  (8)  total 
hours  in  a  workday  may  voluntarily  waive  their  right  to  one  of  their  two  meal  periods.  In  order  to  be  valid,  any  such  waiver  must  be 
documented in a written agreement that is voluntarily signed by  both the employee and the employer. The employee  may revoke the 
waiver  at any  time  by providing the  employer at least one (1)  day’s written notice. The employee shall be fully compensated  for all working 
time, including  any  on-the -job meal  period,  while  such  a  waiver  is  in  effect.  	
12. REST PERIODS  	
(A) 	Every employer  shall  authorize  and permit  all employees  to  take  rest periods,  which  insofar  as  practicable  shall be  in the 
middle  of each  work period.  The  authorized  rest period  time shall  be  based  on the  total  hours  worked  daily at  the  rate  often  (10)  
minutes  net  rest  time  per four  (4)  hours or  major  fraction  thereof. However,  a  rest  period  need not be  authorized  for employees  whose  
total  daily  work  time  is less  than  three  and one- half (3½ )  hours.  Authorized  rest period  time shall  be  counted  as hours  worked  for 
which  there  shall be no deduction  from wages. 	
(B) 	If  an  employer  fails  to  provide  an employee  a rest  period  in accordance  with the  applicable  provisions of  this  order,  the  
employer shall  pay  the  employee  one (1) hour  of  pay  at  the  employee’s  regular  rate  of  compensation  for each  workday  that  
the  rest period  is not  provided.  	
13. CHANGE ROOMS AND RESTING  FACILITIES  	
(A) 	Employers  shall  provide  suitable  lockers, closets,  or  equivalent  for  the  safekeeping  of employees’  outer  clothing 
during  working hours, and when required, for  their work clothing during non-working hours. When the occupation requires a 
change of clothing,  change rooms or  equivalent  space  shall be  provided  in order  that  employees  may  change  their clothing  in 
reasonable  privacy and comfort.  These rooms  or  spaces  may  be  adjacent  to  but  shall  be  separate  from toilet  rooms  and  shall 
be  kept  clean.  	
NOTE:  	This section  shall  not  apply  to  change  rooms and  storage  facilities  regulated  by the  Occupational  Safety  and  Health 
Standards  Board.	
 	
(B)  	Suitable  resting facilities  shall be  provided  in an  area  separate  from the  toilet  rooms  and  shall  be  available  to employees  
during 
work  hours.	 	
14.  SEATS  	
(A) 	All working  employees  shall  be  provided  with suitable  seats  when  the nature  of the  work  reasonably  permits  the  use  of seats.  	
(B) 	When  employees  are  not  engaged  in the  active  duties  of  their  employment  and  the  nature  of  the  work  requires  standing,  
an  adequate  number  of  suitable  seats  shall  be  placed  in reasonable  proximity to  the  work  area  and  employees  shall  be 
permitted  to use  such  seats  when  it does not interfere with the performance of their  duties.	
 	
15.  TEMPERATURE  	
(A) 	The temperature maintained in each work area shall provide reasonable comfort consistent with industry -wide 
standards for  the  nature of the process and the work  performed.	
 	
(B)  	 If excessive  heat  or  humidity  is  created  by the  work  process,  the  employer  shall  take all feasible  means  to  reduce  such 
excessive  heat or  humidity  to  a degree  providing  reasonable  comfort. Where  the nature  of the  employment  requires  a  temperature  of 
less  than  60° F.,  a  heated  room shall  be  provided  to which  employees  may  retire  for  warmth,  and  such  room  shall  be  maintained  
at  not  less  than  68°. 	
(C) 	 A temperature  of not  less  than  68° shall  be  maintained  in  the  toilet  rooms,  resting  rooms, and  change  rooms during  hours of  
use.  	
(D) 	Federal  and  State  energy  guidelines  shall  prevail  over  any  conflicting  provision  of  this  section.	 	
16.  ELEVATORS  	
Adequate elevator, escalator or similar service consistent with industry -wide standards for the nature of the process and the 
work  
performed  shall be  provided  when employees  are  employed  four floors  or  more  above  or  below  ground  level.	 	
17. EXEMPTIONS  	
If, in the  opinion  of the  Division  after  due  investigation,  it  is  found  that the  enforcement  of  any  provision contained  in Section

—	10	 	  
7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, 
Temperature;  or Section 16, Elevators,  would  not materially  affect  the welfare  or comfort  of  employees  and  would  work an  undue  
hardship  on the  employer,  exemption  may be made at the discretion of the Division. Such exemptions shall be in writing to be 
effective and may be revoked  after reasonable notice is given in writing. Application for  exemption shall be made by the employer 
or  by  the employee and/or the employee’s  representative to the Division in writing. A  copy of the application shall be posted at the 
place of employment at the time the  application is filed with the Division. 
18. FILING  REPORTS  	
(See California  Labor  Code,  Section  1174(a))	 	
19.  INSPECTION  	
(See California  Labor Code,  Section  1174)	 	
20.  PENALTIES  	
(See California Labor Code, Section  1199)	 	
(A) 	In addition  to  any  other  civil  penalties  provided  by  law,  any  employer  or  any  other  person  acting on  behalf  of the  
employer  who  violates,  or  causes  to  be  violated,  the  provisions  of  this  order,  shall be  subject  to  the  civil  penalty  of:  
(1)  	Initial Violation —  $50.00 for each  underpaid  employee for each  pay period  during  which the  employee  was underpaid  in  
addition to  the amount  which is  sufficient  to  recover  unpaid  wages. 	
(2) 	Subsequent  Violations  — $100.00  for each  underpaid  employee for each  pay period  during which the  employee  was 
underpaid  in addition to an amount which is sufficient to recover unpaid wages.  	
(3) 	The  affected  employee  shall receive  payment  of  all  wages  recovered.	 	
(B)  	The  labor  commissioner  may  also  issue  citations  pursuant to  California  Labor  Code  Section  1197.1 for  non- payment  
of  wages  for  overtime work in violation of this  order.	
 	
21.  	SEPARABILITY	 	
If the  application  of  any  provision  of this  order,  or  any  section,  subsection,  subdivision,  sentence,  clause,  phrase,  word,  or  
portion  of  this  order  should  be held  invalid  or  unconstitutional  or  unauthorized  or prohibited  by statute,  the remaining  provisions  
thereof  shall  not  be  affected  thereby,  but  shall  continue  to  be  given  full force  and  effect  as if  the  part  so  held  invalid  or  
unconstitutional  had  not  been  included  herein.	
 	
22.  POSTING OF  ORDER 	
Every  employer  shall  keep   a copy  of  this  order  posted  in  an  area  frequented  by employees  where  it  may  be  easily  
read  during  the  workday.  Where  the  location  of  work  or  other  conditions  make  this  impractical,  every  employer  shall  keep  a 
copy  of  this  order  and  make  it available  to every  employee  upon  request.	
 	
 
 	
QUESTIONS ABOUT ENFORCEMENT  of the Industrial	 	
Welfare Commission  orders  and  reports  of  violations  should  be	 	
directed  to the  Labor  Commissioner's  Office. A  listing of  offices  is  on	 	
the  back  of  this  wage  order.  For the  address  and  telephone  number	 	
of the office nearest you, information can be found on the internet  at	 	
http://www.dir.ca.gov/DLSE/dlse.html  or under a search for	 	
"California Labor Commissioner's Office" on the internet or  any	 	
other  directory.  The Labor  Commissioner  has  offices  in  the  following	 	
cities: Bakersfield, El Centro, Fresno, Long Beach, Los  Angeles,	 	
Oakland, Redding, Sacramento, Salinas, San Bernardino,  San	 	
Diego,  San Francisco,  San  Jose,  Santa  Ana, Santa  Barbara,  Santa	 	
Rosa, Stockton, Van  Nuys. 	 	
 	
SUMMARIES IN OT HER L ANGUA GES 	
 	  	 	 	 	 	  	 	 	  	 	 	  	 	 	 	 	 	   	  	 	 	 	 	 	 	  	 	 	 	 	 	 	 	 	 	 	
RESUMEN  EN OTROS IDIOMAS

—	11 	 	
For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html	 or  contact the State of California at the following department offices:  	 	California Labor  Commissioner's  Office,  also known  as,  Division  of  Labor  Standards  Enforcement  (DLSE)  	
 	
BAKERSFIELD  Labor	 Commissioner's	 Office/DLSE	 	REDDING Labor	 Commissioner's	 Office/DLSE	 	SAN JOSE  Labor Commissioner's	 Office/DLSE	 	7718 Meany	 Ave.	 	Bakersfield, CA   93308 
661 -587 -3060  	250 Hemsted Drive, 2nd Floor, Suite	 A 	Redding, CA   96002 530-225 -2655  	
100 Paseo De San Antonio, Room	 120	 	San Jose, CA   95113 408-277 -1266  	
 EL CENTRO  
Labor  Commissioner's  Office/DLSE  
1550 W. Main  St. 
El Centro, CA  92 243	
 	760 -353 -0607  	
 	SACRAMENTO  
Labor  Commissioner's  Office/DLSE  
2031 Howe Ave, Suite  100 
Sacramento, CA  95825  
916 -263 -1811  	 	SANTA  ANA 
Labor Commissioner's  Office/DLSE  
2 MacArthur Place  Suite 800 
Santa Ana, CA   9270 7 
714 -558 -4910  	
 FRESNO  
Labor  Commissioner's  Office/DLSE  
770 E. Shaw Ave., Suite 222	 	
 	SALINAS 
Labor  Commissioner's  Office/DLSE  
950	 E. Blanco	 Rd.,	 Suite	 204	 	
 	SANTA BARBARA  
Labor Commissioner's  Office/DLSE  
411 E. Canon 	Perdido, 	Room	 3 	Fresno, CA 	 93710	 	Salinas, CA	 93901	 	Santa Barbara, CA 	 93101	 	559	-244	-5340	 	831	-443	-3041	 	805	-568	-1222	 	
LONG	 BEACH	 	SAN	 BERNARDINO	 	 	
Labor	 Commissioner's	 Office/DLSE	 	300 Oceangate, 3	rd Floor	 	Labor	 Commissioner's	 Office/DLSE	 	464 West 4	th  Street, Room	 348	 	SANTA	 ROSA	 	Labor 	Commissioner's	 Office/DLSE	 	Long Beach, CA 	 90802	 	San Bernardino, CA 	 92401	 	50 ?D? Street, Suite	 360	 	562	-590	-5048	 	909	-383	-4334	 	Santa Rosa, CA 	 95404	 	
 	 	707	-576	-2362	 	
LOS	 ANGELES	 	SAN	 DIEGO	 	 	Labor	 Commissioner's	 Office/DLSE	 	Labor	 Commissioner's	 Office/DLSE	 	STOCKTON	 	320	 W. Fourth	 St.,	 Suite	 450	 	7575 Metropolitan	 Dr., Room	 210	 	Labor Commissioner's	 Office/DLSE	 	Los Angeles,  CA	 90013	 	San Diego, CA 	 92108	 	31 E. Channel Street, Room	 317	 	213	-620	-6330	 	619	-220	-5451	 	Stockton, CA	 95202	 	
 	 	209	-948	-7771	 	
OAKLAND	 	SAN	 FRANCISCO	 	 	Labor	 Commissioner's	 Office/DLSE	 	1515	 Clay	 Street,	 Room	 801	 	Labor	 Commissioner's	 Office/DLSE	 	455 Golden Gate Ave. 10	th  Floor	 	VAN	 NUYS	 	Labor	 Commissioner's	 Office/DLSE	 	Oakland,  CA	 94612	 	San Francisco, CA 	 94102	 	6150 Van 	Nuys 	Boulevard, Room	 206	 	510	-622	-3273	 	415	-703	-5300	 	Van Nuys, CA 	 91401	 	
 	 	818	-901	-5315	 	
OAKLAND	 – HEADQUARTERS	 	 	 	Labor	 Commissioner's	 Office/DLSE	 	 	 	1515	 Clay	 Street,	 Room	 1302	 	 	 	Oakland, CA	 94612	 	 	 	510	-285	-2118	 	 	 	[email protected]	 	 	 	
 
 
 
 
 
 
 
 
 
 
 
 
 
EMPLOYERS: Do not send copies of your  alternative workweek	 	election ballots or election  procedures.  
Only the results of the alternative workweek  election	
 	shall be mailed  to: 
 	
 	Department of Industrial  Relations  
Office of Policy, Research and  Legislation 
P.O.  Box 420603  
San Francisco, CA  94142 -0603	
 	(415)  703 -4780 	
Prevailing Wage  Hotline (415) 703 -4774