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California Free Printable Labor Law Posters Posters California Industrial Welfare Commission (IWC) Wage Order #5 Public Housekeeping Industry Poster

 Industrial Welfare Commission (IWC) Wage Order #5 Public Housekeeping Industry PDF

The Industrial Welfare Commission (IWC) Wage Order #5 Public Housekeeping Industry is a labor law posters poster by the California Department Of Industrial Relations. This poster is mandatory for some employers, including employers in the public housekeeping industry.

This poster must be posted in a conspicuous place where all employees of any Public Housekeeping Industry will see it. Employers can also request if they need this poster in another language. This poster describes the standards and laws that must be followed in Public Housekeeping Industry. Such laws include minimum wage rate, working overtime, holding records, and regulations for disabled workers.


CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .

OFFICIAL NOTICE  	
INDUSTRIAL  WELFARE COMMISSION 
ORDER  NO. 5-2001  
REGULATING  
WAGES,  HOURS AND WORKING CONDITIONS IN  THE 	
PUBLIC HOUSEKEEPING 
INDUSTRY 	
Effective  July 1, 2002 as  amended 	
 	
Sections 4(A) and 10(C) amended and republished by the Department of  Industrial 
Relations, effective January 1, 2024 , pursuant to SB 3, Chapter 4, Statutes of 2016  and 
section 1182.13 of the Labor Code  	
 	
This Order  Must  Be Posted  Where  Employees  Can Read  It  Easily  	
 
 	
Visit www.dir.ca.gov	 	
 
 
 
 
 
 	
 
 
IWC FORM 1105 (Rev.	 11/2023) 	
OSP 06  98763

—	1 	
 	 	 	
 
 
 	
 	
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  2016,  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  the  public  housekeeping  industry whether  paid  on  a  time, piece  rate,  
commission,  or  	
other  basis,  except  that:	 	
(A)  	Except  as  provided  in Sections  1,2,4,10,  and 20, the  provisions  of  this  order  shall  not  apply  to  student  nurses  in   a 
school  accredited  by the  California  Board of Registered  Nursing or by  the  Board  of Vocational  Nurse and  Psychiatric  Technician 
Examiners  are  exempted  by  the  provisions  of sections  2789  or 2884  of the  Business  and  Professions  Code;  	
(B) 	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  to those  sections:	
 	
(1) 	Executive  Exemption. A  person employed  in an  executive  capacity  means  any  employee:  
(a) 	 Whose duties and responsibilities involv e the management of the enterprise in which he or 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 work 
week 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 employer  or his  employer ’s  customers;   or 
(ii)  	The  performance  of functions  directly  related  to the  academic  instruction  or training  carried on  therein;  and 	
(b) 	 Who  customarily  and  regularly  exercises  discretion  and  independent  judgment;  and 	
(c)  	 Who  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  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  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. 	
 
 	  	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	  	 	 	 	 	  	 	 	 	 	 	 	 	 	
INDUSTRIA L  WEL FARE  CO MMISSI ON 
O RDER  N O.  5-2001  
REGULATING  
WAGES,  HO URS  AND WORKING  CO NDITIONS  IN  THE  	
PUBL IC HOUSEKEE PING INDUSTRY

—	2 	
 	 	 	
 
 
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  
work  week  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.  	
(g) 	 Such  employee  must also  earn  a monthly  salary  equivalent  to  no  less  than  two (2)  times  the  state  minim um wage 
for  full - time  employment.  Full -time  employment  is defined  in Labor  Code  Section  515(c) as  40  hours  per  week.  	
(3) 	 Professional Exemption. A person employed in a professional capacity means any employee who meets all  of 	
the following  requirements:	 	
(a)  	 Who  is  licensed  or certified  by the  State  of  California  and  is primarily  engaged  in the  practice  of  one  of the 
following  recognized  professions:  law,  medicine,  dentistry,  optometry,  architecture,  engineering,  teaching,  or  accounting;  or	
 	
(b)  	 Who  is  prim arily  engaged in an  o ccupation  comm only  recogniz ed as  a  l earned  or  artist ic profess ion. For   the 
purposes  of this subsecti on, 	
”learned  or ar tistic  profess ion” mea ns an employ ee who is primari ly eng aged  in the  performance o f: 	
(i)   Work  requiring  knowledge  of an  advanced  type in  a  field  or  science  or  learning  customarily  acquired by a 
prolonged  course of specialized intellectual  instruction and study,  as distinguished from  a general academic  education and from  
an  apprenticeship, and  from training  in the  performance  of  routine  mental, manual,  or physical  processes,  or work  that  is  
an  essential  part  of or  necessarily incident to  any of the above  work;   or	
 	
(ii)  	 Work  that  is  original  and  creative  in character  in   a  recognized  field of  artistic  endeavor  (as  opposed  to 
work  which  can be  produced  by a person  endowed  with general  manual  or  intellectual  ability  and training),  and  the result  of  which  
depends  primarily  on the invention,  imagination,  or  talent  of  the  employee  or work  that  is  an  essential  part  of or  necessarily  
incident  to  any  of  the  above  work; and 	
(iii)  	Whose  work is  predominantly  intellectual  and  varied  in character  (as  opposed  to routine  mental, manual,  
mechanical,  or  physical  work) and is of such  character  that  the  output  produced  or the  result  accomplished  cannot  be 
standardized  in relation  to  a given  period of  time.  	
(c) 	 Who  customarily  and  regularly  exercises  discretion  and  independent  judgment  in  the  performance  of duties  
set  forth  in  paragraph  (a).	
 	
(d) 	Who earns 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.  	
(e) 	 Subparagraph  (b)  abov e is  intended  to be construed  in accordance  with the  following  provisions  of federal  law  
as  they ex isted as  of  the  date  of this  Wage  Order: 29  C.F.R.  Sections  541.207,  541.301(a) -(d),  541.302,  541.306,  541.307,  
541.308,  and  541.310.  	
(f) 	 Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of 
pharmacy,  and registered  nurses employed  to engage  in the  practice  of nursing,  shall not  be  considered  exempt professional  
employees,  nor  shall  they  be  considered  exempt from  coverage  for the  purposes  of  this  subsection  unless they  individually  
meet  the criteria  established  for exemption as  executive  or  administrative  employees. 	
(g) 	 Subparagraph  (f) above,  shall  not  apply  to  the  following  advanced  practice nurses:	 	
(i)   Certified  nurse midwives  who are  primarily  engaged  in performing  duties for  which  certification  is required 
pursuant  to Article  2.5  (commencing  with Section  2746) of  Chapter  6 of Division  2 of the  Business  and  Professions  Code.  
(ii) 	 Certified  nurse anesthetists  who  are  primarily  engaged  in performing  duties for  which  certification  is required 
pursuant  to Article   7 (commencing  with Section  2825) of  Chapter   6 of Division   2 of the  Business  and  Professions  Code.  	
(iii) 	 Certified  nurse  practitioners  who  are primarily  engaged  in  performing  duties for  which  certification  is  
required  pursuant  to  Article  8 (commencing  with Section  2834)  of  Chapter  6 of Division  2 of the  Business  and  Professions  
Code.	
 	
(iv) 	 Nothing  in this  subparagraph  shall exempt  the  occupations  set  forth  in  clauses  (i),  (ii),  and  (iii) from  
meeting  the requirements  of  subsection  1(B)(3)(a)-(d),  above.  	
(h) 	 Except as provided in subparagraph (i), an employee in the computer software field who is paid on an 
hourly basis  shall  be  exempt,  if  all  of  the  following  apply:	
 	
(i)   The  employee  is  primarily  engaged  in work  that  is  intellectual  or  creative  and  requires  the  exercise  of  
discretion  and independent  judgment.	
 	
(ii)  	 The  employee  is primarily  engaged  in duties  that  consist  of  one  or more  of  the  following:  
—The  application  of systems  analysis techniques  and  procedures,  including  consulting  with users,  to 
determine  hardware, software,  or  system  functional  specifications.  
—  The  design,  development,  documentation,  analysis,  creation,  testing,  or modification  of computer  systems  
or  programs, including  prototypes, based  on and  related  to, user  or  system  design  specifications.  
—The  doc
umentation,  testing,  creation,  or  modification  of computer  programs  related  to the  design  of 
software  or hard	
ware  for computer operating  systems. 
(iii) 	 The employee is highly skilled and is proficient in the theoretical and practical application of highly  
specialized  information  to computer  systems  analysis, programming,  and  software  engineering.   A job  title shall  not  be  
determinative  of the applicability of this  exemption.  	
(iv) 	 The  employee’s  hour ly rate  of pay  is  not  less  than  forty-one  dollars  ($41.00).  The  Office  of  Policy,  
Research  and  Legislation  shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following 
year  by an amount equal  to  the  percentage  increase in the  California  Consumer  Price  Index  for  Urban  Wage Earners  and

—	3 	
 	 	 	
 
 
Clerical Workers.	1 	
(i)   The  exemption  provided in subparagraph  (h) does  not  apply  to  an  employee  if  any  of  the  following  apply:	 	
(i)  The  employee  is a  trainee  or employee  in an  entry -level  position  who is learning  to become  proficient  in  
the  theoretical  and  practical  application  of  highly  specialized  information  to  computer  systems  analysis,  programming,  and  
software  engineering.  	
 	
(ii) 	 The employee is in a computer -related occupation but  has not attained the level  of skill and expertise 
necessary to work independently and without close supervision.  	
(iii) 	 The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance 
of  computer  hardware and related  equipment.	
 	
(iv)  	 The  employee  is an  engineer,  drafter,  machinist,  or other  professional  whose  work  is  highly  dependent  upon 
or  facilitated  by the  use  of computers  and  computer  software  programs  and  who  is  skilled  in  computer -aided  design  software,  
including  CAD/CAM, but  who  is  not  in   a  computer  systems  analysis or  programming  occupation.  	
(v) 	 The  employee  is  a writer engaged  in writing  material,  including  box  labels,  product  descriptions,  
documentation,  promotional  material,  setup  and installation  instructions,  and  other  similar  written  information,  either for  print  
or  for  onscreen  media or who writes  or provides  content  material  intended  to be  read  by  customers,  subscribers,  or  visitors  to 
computer -related  media such as  the  World Wide Web or CD -ROMs.  	
(vi) 	The  employee  is engaged  in any  of  the  activities  set  forth  in subparagraph  (h)  for  the  purpose  of creating  
imagery  for  effects  used  in the  motion  picture, television,  or  theatrical  industry.  	
(C) 	 Except  as provided in  Sections  1, 2, 4,  10,  and 20,  the provisions  of this order shall  not apply  to any  employees  directly 
employed  by the State or any political subdivision thereof, including any  city, county, or special district. 	
(D) 	 The provisions of this order shall not apply to outside  salespersons.	 	
(E) 	 Provisions  of this  order  shall  not  apply  to any  individual  who  is  the  parent,  spouse,  child, or legally  adopted  child of  the  
employer.  	
(F) 	The  provisions  of  this  order  shall  not  apply  to  any  individual  participating  in  a  national  service  program,  such  as  
AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, 
Ch.  365,  amending Labor Code §  1171.) 	
2. DEFINITIONS  	
(A) 	 An	 “alte rna tive	 wo rkweek	 sc hedule”	 me ans	 any	 regu larly	 sch edul ed	 workwe ek	 requiri ng	 an	 emp loyee	 to work	 mo re	 	
than	 eig ht	 (8) hours	 in a 24-ho ur	 period.	 	 	(B)  	”Commission ” means  the  Industrial  Welfare  Commission  of  the  State  of California.  	
(C) 	 “D	ivisi on”	 means	 the	 Division	 of Lab or	 Standards	 Enforce ment	 of the	 State	 of Ca liforni a.	 	
(D) 	 “E	merge ncy”	 means	 an	 unpredictable	 or unavoidable	 occurren ce	 at uns chedul ed	 inte rvals	 requi ring	 immediate	 	
ac tion.	 	
(E)  	 ”Empl oy” means  to  engage,  suffer,  or permit  to work.	 	
(F)  	 ”Employee	” me ans	 any	 pe rson	 employ ed	 by	 an	 emp loyer,	 and	 inc ludes	 any	 lessee	 who	 is cha rged	 ren t,	 or who	 	
pays	 rent	 for	 a  chair,  booth,  or  space  and	 	
(1) 	 who does  not  use  his or  her  own  funds  to  purchase  requisite supplies, and  	
(2) 	 who  does  not  maintain  an appointment  book  separate  and distinct  from  that  of  the  establishment  in  which  the 
space  is  located,  	
and 
(3) who  does  not  have a  business  license  where  applicable.  
(G)  “	
Employe es	 in the	 Hea lthcare	 Indus tr	y” means	 any	 of the	 followi ng:	 
(1)  Employees  in  the  healthcare  industry providing  patient care; or 
(2) 	
Employees  in  the  healthcare  industry  working  in  a  clinical  or medical  department,  including  pharmacists  
dispensing  prescrip	
tions	 in  any  practice  setting;  or	 	
(3) 	Employees  in  the  healthcare  industry working  primarily  or  regularly  as  a member  of  a  patient  care  delivery  team  	
(4) 	Licensed  veterinarians,  registered  veterinary  technicians  and  unregistered  animal  health  technicians  providing 
patient  care.
 
(H) ” Employer ” means  any  person  as defined  in Section  18 of  the  Labor  Code,  who  directly  or  indirectly,  or  through  an agent  
or  any  other  person,  employs  or  exercises  control  over  the  wages,  hours, or working  conditions  of  any  person.	
 	
(I) ”	Healt hcare	 Eme rgency	” co nsists	 of an	 unpr edictable	 or unavoidable	 occu rrence	 at unsche duled	 inte rvals	 relati ng	 	
to healt hcare 	delivery,  requiring  immediate  action.	 	
(J)	 “H ealt hcare  Indust r	y” is   defi ned   as   hosp itals ,  sk ille d  nursin g  fac ilities ,  interm ediate  ca re  and   residenti al  ca re  fac ilitie s,  
co nvale scent c are  inst itutions,  home  health agencies,  c linics  operat ing  twenty-four  (24)  hours  per   day,  and  clinics  p erforming 
s ur gery,  urgent   care, r adi ology ,  anesthesiology ,  pathology ,  neurolog y  or  dialy sis.	
 	
(K) “Hours  work	ed”	  means   the  ti m e   duri ng   whic h  an   employe e  is   subjec t  to   the  contr ol  o f  a n   empl oyer,  and   includes  
a ll   th e  time   the employ ee is suff ered or  permitt ed to work, w hether  or  not  required  to do so, a nd in  the  case  of an  employ ee who is  
re quir ed to re side on the  employ ment   pre mises ,  that   ti m e   spent   carryin g  out   assi gned   duti es   shall   be   counte d  as   hou rs  	
 	1 Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director  - Research, Department of  Industrial Relations,  
has  adjusted  the minimum  hourly  rate  of pay  specified  in this  subdivision  to be  $49.77,  effective  January 1,  2007.  This  hourly 
rate  of pay  is  adjusted  on October   1 of each  year to  be effective  on  January  1,  of  the  following  year, and  may be  obtained  at 
https://www.dir.ca.gov/oprl/ComputerSoftware.htm	 or  by  mail  from  the  Department  of  Industrial  Relations.

—	4 	
 	 	 	
 
 
work ed.  W ith in   th e   h e alth   c a re   indust ry ,   th e  ter m 	”hou rs  w ork	ed”	 m ea ns the t im e d u rin g  w hi ch  an  em plo yee  is  s uf fered  or 
p erm itted  to work  for t he  e m plo ye r,  w hether  or not  re quir ed to  do so,  as int erp reted  in a cco rdanc e w ith the  provi sio ns  of  th e F air  
Lab or Stan dards Act.	
 	
(L) ” Minor ” means,  for  the  purpose  of this  Order,  any  person  under the  age  of  18  years.  
(M) “O	
u ts ide	 S ales person ”	 mea ns	 any	 pe rson,	 1 8	 yea rs	 of age	 or o ve r,	 w ho	 cus to m arily	 and	 regul arly	 w orks	 mo re	 than	 	
hal f	 the	 wo rk ing  tim e	 aw ay	 fr om	 the	 e mp lo ye r’s	 p lace	 of b u siness	 se lling	 tangi ble	 or in tangi ble	 it ems	 or o bta in ing	 o rd ers	 or 	
cont rac ts	 for	 p ro d uc ts ,	 se rv ices  or	 use	 o f fa cilit ie s.	 	
(N)  “Perso nal  a tten dan	t” in clu des  b aby s itters  a nd  mean s a ny p ers on  em plo yed  by a  non -prof it organi za tion  co vered  by thi s 
o rder to  supe rv is e ,   feed  o r   dre ss   a c h ild   or   per so n  w ho   by reas on   of   adv anc ed   age,   phys ic a l   dis abilit y  or   m enta l  defi cienc y  
needs   super vis ion.  The  sta tu s o f 	
”per sonal  a tt endant”  shall  apply w hen  n o  s ignifi cant   a m ount  of  w ork  o ther  than  th e fo regoi ng 
is  requir ed.	
 	
(O) 	“Primarily ” as  used  in Section  1,  Applicability,  means  more  than one-half the  employee’s  work  time.	 	
(P)  ”Public  Housekeeping  Industry”  means  any  industry,  business,  or  establishment  which  provides  meals,  housing,  or  
maintenance services whether operated as a primary business or when incidental to other operations in an establishment not 
covered by  an industry order  of  the  Commission,  and  includes,  but  is  not  limited  to  the  following:	
 	
(1)  Restaurants,  night  clubs,  taverns,  bars,  cocktail  lounges,  lunch  counters,  cafeterias,  boarding  houses, clubs,  
and  all similar  establishments  where  food in either  solid  or  liquid  form  is  prepared  and served  to be  consumed  on the  premises;  
(2)  Catering,  banquet,  lunch  service,  and  similar  establishments  which  prepare  food for consumption  on  or off  the 
premises;  
(3) 	Hotels,  motels,  apartment  houses,  rooming  houses, camps,  clubs,  trailer  parks,  office  or loft  buildings,  and  similar	 	
establishments  offering  rental of  living,  business,  or  commercial  quarters;  
(4) 	
Hospitals,  sanitariums,  rest  homes,  child  nurseries,  child  care  institutions,  homes for  the  aged,  and  similar 
establishments  of fering  	
 board  or lodging  in addition  to  medical,  surgical,  nursing,  convalescent,  aged,  or  child  care;	 	
(5)  Private  schools,  colleges,  or  universities,  and  similar  establishments  which  provide  board or lodging  in addition  to 
educational 	
facilities;	 	
( 6)  Establishments  contracting  for development,  maintenance  or cleaning  of grounds;  maintenance  or cleaning  of facilities  
and/or  
quarters  of  commercial  units  and  living  units;  and	 	
(7)  Establishments  providing  veterinary  or  other  animal  care  services.	 	
(Q) “Shift” 	m eans	 des ig n ated	 h o urs	 of wo rk	 b y	 an	 e mp lo ye e,	 w ith	 a des ignat ed	 beginn ing	 ti m e	 and	 quit ting	 ti m e.	 
(R)  ”Split  shift ” means  a  work  schedule  which is  interrupted  by non- paid non- working  periods established  by the  employer,  other  
than bona  fide rest or  meal  periods.  	
(S) ”T eac hing ”  m eans ,  f o r   th e   pur pos e  o f   s e ctio n   1   o f   th is   O rd e r,   th e   p ro fe ssi on   o f   teac hin g   u nde r  a   c e rtif ic a te   fr om  
th e   Com mis sio n  for  Teacher  Preparation  and Licensing  or teaching  in an  accredited  college or university.  
(T)  ”W	
ages	”  inc lude  a ll  am ou nts   o f  labor   per fo rm ed   b y e m plo yees   o f  eve ry  d escri ption,   w hether  th e a mo unt   is  fixe d  o r 
a sce rta ined  b y the  standard  of time,  task,  piece,  commission  basis,  or  other  method  of calculation.  	
(U) “Work da	y” a nd	 ”day ” me an	 any	 cons ecu tiv e	 2 4-hour	 p eriod	 b e ginn ing	 at t he	 s a me	 time	 eac h	 calend ar	 day.	 
(V)  ”W ork w eek ”  and  ”w eek ”  m ean  any s e ven  (7)  co nse cut iv e  d ays,  sta rti ng  w ith  the  sa m e c a le ndar  d ay e ach  w eek . 
” Wo rk w eek” is  a fixed  and  regularly  recurring  period  of 168  hours,  seven  (7) consecutive  24-hour  periods.	
 	
3.  HOURS AND DAYS  OF WORK  	
(A) 	Daily  Overtime  - General  Provisions  
(1) 	 The following  overtime provisions  are applicable  to employees  18  years  of  age  or over  and  to employees  16  or 
17  years  of  age  who are  not  required  by law  to  attend  school and  are not  otherwise  prohibited  by law  from  engaging  in the  subject  
work.  Such  employees  shall not be employed more  than eight (8)  hours  in  any  workday  or more  than 40 hours  in  any  workweek  
unless  the  employee  receives one  and one- half (1	
1/2) times such 
employee’s regular rate of  pay for all hours worked  over 40 
hours in the workweek. Eight (8) hours of  labor constitutes a  day’s work. Employment  beyond eight (8) hours in any workday or 
more than six (6)  days in any workweek is  permissible  provided the employee is compensated  for such overtime at not less  
than:  	
(a) 	 One  and  one-half (	11/2)  times  the employee’s  regular  rate  of pay  for  all  hours  worked  in excess  of  eight  
(8)  hours  up  to  and including twelve (12) hours in any  workday, and for the first eight (8) hours  worked on the seventh (7th
) 
consecutive day of work in  a  workweek;  and	
 	
(b)  	 Double  the employee’ s regular  rate  of pay  for  all  hours  worked  in excess  of  12  hours  in  any  workday  and  for 
all  hours  worked in excess of eight (8) hours on the  seventh (7th
) consecutive  day of work in a   workweek.	
 	
(c)  	 The  overtime  rate  of  compensation  required  to  be  paid  to  a  nonexempt  full -time  salaried  employee  shall  be 
computed  by  using  the  employee’s  regular  hourly  salary  as  one  fortieth  (1/40)  of  the  employee’s  weekly  salary.	
 	
(2) 	  Employees  with  direct  responsibility  for  children  who  are  under  18  years  of  age  or  who  are  not  emancipated  from  
the  foster  care 	
system  and  who,  in either  case,  are  receiving  24 hour  residential  care,  may,  without  violating  any  provision  of this  
section,  be  compensated as  follows:  	
(a) 	 An employee who works in excess of 40 hours in a workweek shall be compensated at one and one- half (1	1/2) 
times  the employee’s  regular  rate  of pay  for  all  hours  over  40  hours  in  the  workweek.  	
(b) 	 An  employee  shall be  compensated  at two  (2)  times  the employee’s  regular  rate  of  pay  for  all  hours  in  excess 
of  48  hours  	
in the  workweek.

—	5 	
 	 	 	
 
 	
(c) 	 An employee shall be compensated at two (2) times the  employee’s regular rate of pay for all hours in excess of 
16 in  a workday.  
(d)  No employee  shall work  more  than  24 consecutive  hours  until  said  employee  receives  not  less  than eight  (8) 
consecutive  hours  off -duty  immediately  following  the 24 consecutive  hours  of  work.  Time  spent  sleeping  shall not be  included  as 
hours  worked.
 
(e)  Section  (A)(2) above  shall apply  to  employees  of  24  hour  non- medical  out  of  home  licensed  residential  facilities  of 
15  beds  	
or fewer  for  the  developmentally  disabled,  elderly,  and  mentally  ill  adults.	 	
This  section,  (3)(A)(2)(e),  shall  sunset  on  July  1,  2005.	 	
(B)  	Alternative Workweek  Schedules  
(1) 	 No employer shall be deemed to  have violated the daily overtime provisions  by instituting, pursuant to the election 
procedures set  forth  in this  wage  order, a  regularly  scheduled  alternative  workweek schedule  of not  more  than  ten (10)  hours  
per  day  within  a 40  hour  workweek  without  the  payment  of  an  overtime  rate of compensation.  All  work  performed  in any  workday  
beyond  the schedule  established by  the  agreement  up  to twelve  (12) hours  a  day  or  beyond  40  hours  per  week  shall  be paid  
at  one  and one-half (1	
1/2)
  times  the  employee’s  regular  rate  of pay.  All  work  performed  in excess  of  twelve  (12)  hours  per  day  
and  any work  in  excess  of eight  (8)  hours  on  those  days worked  beyond the regularly scheduled number of workdays established 
by the alternative workweek agreement shall be paid at  double the  employee’s regular  rate  of pay.  Any  alternative  workweek 
agreement  adopted  pursuant to  this  section  shall  provide  for not  less  than four  (4)  hours  of  work  in  any  shift.  Nothing  in this  
section  shall prohibit  an  employer,  at  the  request  of  the  employee,  to  substitute  one day of  work  for  another  day  of  the  same  
length  in the  shift  provided  by the  alternative  workweek agreement  on  an  occasional  basis  to  meet  the personal  needs  of  the  
employee  without the  payment  of  overtime.  No  hours  paid  at either  one  and one- half (	
11/2)  or  double  the regular  rate  of pay  
shall  be  included  in determining  when 40 hours  have  been  worked  for the  purpose  of computing  overtime compensation.  	
(2) 	 If an  employer,  whose  employees  have  adopted  an alternative  workweek agreement  permitted  by this  order  
requires  an  employee  to work  fewer  hours  than  those  that are  regularly  scheduled  by  the  agreement,  the  employer  shall 
pay  the  employee  overtime compensation  at a  rate  of one  and  one-half (1	
1/2)
  times  the  employee’s  regular  rate  of pay  for  all  
hours  worked  in excess  of  eight  (8)  hours,  and  double  the employee’s  regular  rate  of pay  for  all  hours  worked  in  excess  of 
12  hours  for  the  day the  employee  is required  to work  the  reduced  hours. 	
(3) 	 An  employer  shall  not  reduce  an  employee’s  regular  rate  of  hourly  pay  as  a  result  of  the  adoption,  repeal  or  
nullification  of  an  alternative  workweek schedule.	
 	
(4) 	 An employer shall explore any  available reasonable alternative means of accommodating the religious belief or  
observance of  an  affected  employee  that conflicts  with  an  adopted  alternative  workweek schedule,  in  the  manner  provided  by 
subdivision  (j)  of  Section 12940 of the Government  Code. 	
(5) 	 An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a  workday, 
in order  to  accommodate  any affected  employee  who  was  eligible  to vote  in  an  election  authorized  by  this  Section  and  
who  is  unable  to  work  the  alternative  workweek  schedule  established  as the  result  of  that  election.	
 	
(6) 	 An employer shall be permitted, but  not required, to provide a work schedule not to exceed eight (8) hours in a 
workday  to  accommodate  any employee  who  is  hired  after the  date  of  the  election  and who  is  unable  to  work  the  alternative 
workweek  schedule established  by the  election.  	
(7) 	 Arrangements  adopted  in a  secret  ballot  election  held  pursuant  to  this  order  prior  to  1998,  or  under  the  rules  in  effect  
prior  to  1998,  and  before  the  performance  of  the  work,  shall  remain  valid after  July  1,  2000  provided  that the  results  of  the 
election  are reported  by the employer  to  the  Office  of Policy,  Research  and Legislation  by January  1,  2001,  in  accordance 
with  the  requirements  of  Section  C below  (Election  Procedures).  If  an  employee  was voluntarily  working  an alternative  workweek 
schedule  of not  more  than  ten (10)  hours  a  day  as of  July  1, 1999,  that  alternative  workweek was  based  on an individual  agreement  
made  after January  1, 1998 between the employee and  employer, and the employee submitted, and the employer approved, a 
written request on  or  before  May  30,  2000  to  continue   the agreement, the employee may  continue to  work  that  alternative  
workweek  schedule  without  payment  of  an  overtime  rate  of compensation  for the  hours  provided  in the  agreement.  An  
employee  may revoke  his or  her  voluntary  authorization  to continue  such a schedule  with 30  days  written  notice to the  
employer.  New arrangements  can  only be  entered  into pursuant  to  the  provisions  of  this section. Notwithstanding the foregoing, 
if a health care industry employer implemented a reduced rate for  12 hour shift employees in the last quarter  of  1999  and desires  
to  re-implement  a  flexible  work  arrangement  that  includes  12  hour  shifts  at  straight  time  for the  same work  unit,  the  
employer  must  pay  a  base  rate to each  affected  employee  in 	
the  work  unit  that  is  no  less  than  that employee’s  base  rate in 
1999 immediately prior to the date of the rate  reduction. 	
(8) 	Notwithstanding  the above  provisions  regarding alternative  workweek schedules,  no  employer  of  employees  in  the 
healthcare industry  shall  be  deemed  to have  violated the  daily overtime  provisions  by  instituting,  pursuant  to  the  election 
procedures  set forth  in this wage order  a regularly  scheduled  alternative workweek  schedule that  includes  work  days  exceeding  
ten  (10)  hours  but  not  more  than  12 hours  within  a 40- hour  workweek  without  the  payment  of  overtime  compensation,  provided 
that:  
(a) 	 An  employee  who works  beyond  12  hours  in  a  workday  shall  be compensated  at double  the employee’s  
regular  rate  of pay  for  all  hours  in  excess  of  (12);  	
(b) 	 An  employee  who  works  in  excess  of  40 hours  in  a  workweek  shall  be  compensated at  one  and one- half ( 1	1/2)
 
times  the employee’s  regular  rate  of pay  for  all  hours  over  40  hours  in  the  workweek;  	
(c) 	 Any  alternative  workweek agreement  adopted  pursuant  to  this  section  shall  provide  for not  less  than  four (4)  hours  
of  work  	
in any  shift.	 	
(d)  The  same  overtime  standards  shall  apply  to  employees  who  are temporarily  assigned  to  a  work  unit  covered

—	6 	
 	 	 	
 
 
by this  subsection;	 	
(e)  Any  employer  who  instituted  an alternative  workweek  schedule  pursuant  to  this  subsection  shall  make  a  
reasonable effort	
  to  find  another  work  assignment  for  any  employee  who participated  in a  valid  election  prior to  1998  pursuant  to 
the  provisions  of  Wage  Orders  4  and  5 and  who is  unable  to work  the  alternative  workweek schedule  established.	
 	
(f)  An employer engaged in the operation of a licensed hospital or in providing personnel for the operation of a 
licensed hospital who institutes, pursuant to a valid order of the Commission, a regularly scheduled alternative workweek that 
includes no more than three 12- hour workdays, shall make a reasonable effort to find another work assignment for any employee 
who participated in the vote which authorized the schedule and is unable to work the 12- hour shifts. An employer shall not be 
required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was 
hired after the adoption of the 12 hour, three (3) day alternative workweek schedule.	
 	
(9)  No employee  assigned  to  work  a  12  hour  shift  established  pursuant to  this  Order  shall  be  required  to work  more  
than  12 hours  in  any  24  hour  period  unless  the  Chief  Nursing  Officer or  authorized  executive declares  that:	
 	
(a) 	 A  ” healthcare  emergency ”,  as  defined,  exists  in  this  Order,  and 	
(b) 	 All  reasonable  steps  have  been  taken  to provide  required  staffing, and 	
(c)  	Considering  overall operational  status  needs,  continued  overtime is  necessary  to  provide  required  staffing.	 
(10)  Provided  further that  no  employee  shall be  required  to work  more  than  16 hours  in  a  24- hour  period  unless  by  
voluntary  mutual agreement  of  the  employee  and employer,  and no employee  shall work  more  than  24 consecutive  hours until  
said  employee  receives not less than  eight (8)  consecutive  hours off -duty  immediately  following  the 24 consecutive  hours of  
work.	
 	
(11)  Notwithstanding subsection (B)(9) above, an employee may be required to work up to 13 hours in any 24-
hour period if  the  employee scheduled to relieve the subject employee does not report for duty as scheduled and does not 
inform the employer more  than  two	
 (2) hours  in  advance  of  that	 scheduled  shift  that  he/she  will  not	 be	 appearing  for	 duty  as  
scheduled.	
 	(C)  	 Election  Procedures	 
Election  procedures  for  the  adoption  and repeal  of  alternative  workweek schedules  require  the following:  	
(1) 	 Each proposal for  an alternative workweek schedule shall be in the form of a written agreement proposed by  the 
employer.  The proposed  agreement  must  designate  a regularly  scheduled  alternative workweek  in  which  the  specified  number 
of  work  days  and  work  hours  are  regularly  recurring.  The  actual  days  worked  within that alternative  workweek schedule  need 
not  be  specified.  The  employer  may  propose  a single  work schedule  that would  become  the standard  schedule  for workers  in  the  
work  unit,  or  a  menu  of work  schedule  options, from  which  each  employee  in the  unit would  be entitled  to choose.  If  the  employer  
proposes  a  menu  of work  schedule  options, the  employee  may, with  the  approval  of  the  employer,  move  from one  menu  option 
to  another.  	
(2) 	 In  o rder  to  b e  valid ,  t he   p rop ose d   a lte rnati ve  w ork w eek  schedule   m ust   b e   adopte d  in  a   se cre t  ball ot  
e le ction,  bef ore  t he  per fo rm ance  o f  work ,  by at  le a st  a tw o-thir ds (2/3)  v ote  of the  affe cte d e m plo yees  in  th e w ork  unit.  T he 
elec tio n  s hal l  b e held  during regul ar  w ork in g   hours   a t   t h e   e m ploy ees’  w ork   s ite .  F or   pur pos es   o f   thi s  s ubs ection ,  	
”affe cte d  
e m ploy ees   in   th e   w ork   u nit”  m ay   i n clu d e   a ll  em plo yees  in  a  readily  identifiab le w ork  unit,  s u ch  a s a  d iv is io n ,  a depar tment,  
a  jo b c la ssif ication,  a s h ift,  a  s epa rate  phys ic a l	
 lo ca tion,  or  a r ecogni ze d  s ubdi vis ion  of  a ny s u ch  w ork  uni t. A  w ork  u nit m ay 
c ons is t  of  an  indiv idua l  e m ployee  as long  as the  crit eria  for  an  ident if ia ble w ork  uni t in th is  subs ectio n  is  met. 	
(3) 	 Prior to the secret ballot  vote, any employer who proposed to institute an alternative workweek schedule shall  have 
made  a disclosure  in  writing  to the  affected  employees,  including  the effects  of  the  proposed  arrangement  on  the  employees’  
wages,  hours,  and  benefits.  Such  a disclosure shall  include meeting(s),  duly  noticed,  held  at least  fourteen  (14) days  prior  to  
voting,  for  the  specific purpose of discussing the effects  of the alternative workweek  schedule. An employer  shall  provide  that  
disclosure  in a non- English  language, as  well  as  in  English,  if  at  least  five  (5)  percent  of  the  affected  employees  primarily  
speak  that  non- English  language.  The  employer  shall  mail  the written  disclosure  to  employees  who  do  not  attend  the meeting.  
Failure  to comply  with  this  paragraph  shall make  the election  null and void.  	
(4) 	 Any election  to establish  or repeal  an  alternative  workweek schedule  shall be  held  at the  work  site  of  the  affected  
employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint  by an 
affected  employee, and  after an  investigation  by the  Labor  Commissioner,  the  Labor  Commissioner  may  require  the employer  to 
select  a  neutral  third  party  to  conduct the  election. 	
(5) 	 Any type  of alternative  workweek schedule  that is  authorized  by the  Labor  Code  may be  repealed  by the  affected  
employees.  Upon a petition of one- third (1/3) of the affected employees, a new secret ballot election shall be held and a two-
thirds (2/3) vote  of the affected  employees shall  be required  to reverse  the alternative  workweek schedule.  The  election  to 
repeal  the  alternative  workweek schedule  shall be held  not more  than  30 days  after  the  petition  is submitted  to the  employer,  
except  that  the  election  shall be  held  not less than  12 months  after  the  date  that the  same  group  of employees  voted  in 
an  election  held to  adopt  or  repeal  an  alternative  workweek schedule.  However, where an alternative workweek schedule 
was  adopted between October 1, 1999 and October 1, 2000, a new  secret ballot election to repeal that alternative workweek 
schedule shall not be subject to the 12- month interval between elections. The election shall take  place  during  regular  working 
hours  at  the  employees’  work  site.  If  the  alternative  workweek schedule  is revoked,  the employer  shall comply within 60 
days.  Upon proper showing of undue hardship,  the  Division  of  Labor  Standards  Enforcement   may  grant   an  extension of 
time for  compliance.  	
(6) 	 Only secret  ballots  may  be  cast  by  affected  employees  in  the  work  unit  at  any  election  held pursuant  to  this  
section.  The  results  of any  election  conducted  pursuant to this  section  shall be reported by  the employer  to the Office of Policy,  
Research  and Legislation within  30 days  after  the  results  are  final,  and  the report  of  election  results shall  be a public  document.

—	7 	
 	 	 	
 
 
The report  shall  include  the  final  tally of  the  vote,  the size  of  the  unit,  and  the nature  of the  business  of  the  employer. 	
(7) 	 Employees  affected  by a  change  in the  work  hours  resulting  from the  adoption  of an  alternative  workweek schedule  
may  not be  required  to work  those  new work  hours  for  at  least  30  days  after  the  announcement  of  the  final  results  of  the  election.  	
(8) 	 Employers  shall  not  intimidate  or coerce  employees  to  vote  either  in  support  of  or  in  opposition  to  a proposed  
alternative  work-  week.  No  employees  shall  be discharged  or discriminated  against for  expressing  opinions concerning  the 
alternative  workweek election  or  for opposing  or  supporting  its adoption  or repeal.  However,  nothing  in this  section  shall  prohibit  an 
employer  from  expressing  his/her position concerning  that alternative  workweek to  the  affected  employees.  A violation  of this  
subsection  shall be  subject  to  Labor  Code  section  98 et seq.  	
(D) 	 No  employer  engaged  in the  operation  of  a  hospital  or  an  establishment  which  is  an  institution  primarily engaged  in 
the  care  of  the  sick,  the aged,  or  the mentally  ill or  defective  who reside on  the premises  shall be deemed  to have violated  any 
provision  of  this  section  if,  pursuant  to  an  agreement  or  understanding  arrived at  between  the employer  and  employee  before 
performance  of work,  a  work  period  of 14  consecutive  days  is accepted in  lieu  of  the  workweek  of  seven  (7) consecutive  days  
for  purposes  of  overtime  computation  and if, for  any  employment  in  excess  of  80  hours  in  such  14  day period,  the  employee  
receives  compensation  at a rate  not  less  than  one and one-half (1	
1/2)
  times  the  regular  rate  at which  the  employee  is 
employed.  	
(E) This  section  does  not  apply  to  organized  camp counselors  who  are  not  employed  more than 54 hours  and  not more  than  six 
(6)  days  in  any  workweek  except  under  the  conditions  set  forth  below.  This  section  shall also not  apply  to  personal  attendants  
as  defined  in  Section  2 (N),  nor  to  resident  managers  of  homes  for  the  aged  having  less than  eight  (8)  beds;  provided  that persons  
employed  in such  occupations  shall not  be  employed  more than  40 hours  nor  more  than  six (6)  days  in  any  workweek,  except 
under  the  following  conditions:	
 	
In the  case  of  emergency,  employees may  be  employed  in excess  of forty  (40)  hours  or  six  (6) days  in  any  workweek  
provided  the employee  is compensated  for all  hours  in excess  of  40  hours  and  days  in  excess  of  six  (6) days  in  the  workweek  at  
not  less  than  one and  one- half (1	
1/2) times 
the employee’s  regular  rate of   pay. However,   regarding  organized  camp counselors,  
in case of  emergency they   may  be employed in excess of 54 hours or six (6)  days, provided that they are compensated at not 
less than one and one- half (1	
1/2) times
 the  employee’s  regular  rate  of pay  for  all  hours  worked  in excess  of  54  hours  and  six 
(6)  days  in  the  workweek.  	
(F)	 One and one- half (1	1/2) times a minor
’s regular rate of  pay shall be paid  for all work  over 40 hours in any  workweek except  
minors 16  or 17  years  old  who  are  not  required  by law  to  attend  school and  may therefore  be employed  for the  same  hours as  an  
adult  are subject  to  subsection  (A),  (B),  (C),  or  (D)  above.  	
(VIOLATIONS  OF  CHILD  LABOR  LAWS are  subject  to  civil  penalties  of  from  $500  to $10,000  as well  as  to  criminal  
penalties. Refer  to  California  Labor  Code  sections  1285  to 1312  and 1390  to 1399  for  additional  restrictions  on  the 
employment  of  minors  and for  descriptions  of  criminal  and  civil penalties  for violation  of the  child  labor  laws.  Employers  
should  ask school  districts  about  any required  work permits.)  
(G) An employee  may be  employed  on  seven  (7)  workdays  in  a  workweek  when  the total  hours  of  employment  during 
such  workweek  do  not  exceed  30  and  the total  hours  of  employment  in  any  one  workday  thereof  do  not  exceed  six (6).	
 
(H)  If a  meal  period  occurs on  a  shift  beginning  or ending  at or  between  the hours  of  10  p.m.  and  6 a.m.,  facilities  shall be  
available  for  securing  hot food  and drink  or  for  heating  food or drink,  and  a suitable  sheltered  place shall be  provided  in which  
to  consume  such food  or drink.  
(I) The  provisions  of this  section  are not  applicable  to employees  whose  hours of  service  are  regulated  by: 	
(1) 	The United  States Department  of  Transportation  Code of Federal  Regulations,  title  49,  sections  395.1  to 395.13,  
Hours  of  
Service of Drivers,  or	 	
(2) 	Title  13  of the  California  Code of Regulations,  subchapter  6.5,  section  1200  and following  sections,  regulating 
hours  or  	
drivers.	 
(J)  The daily overtime provisions  of subsection (A) above  shall not apply to ambulance drivers and attendants scheduled for  
24   hours  shifts of  duty  who  have  agreed  in  writing  to exclude  from daily  time  worked  not more  than  three  (3) meal  periods  of  not  
more  than  one hour  each and a regularly scheduled uninterrupted sleeping period of not more than eight (8)  hours. The  employer   
shall  provide  adequate dormi tory and  kitchen  facilities  for employees  on  such  a  schedule.  
(K)  The  provisions  of  Labor  Code  Sections  551  and 552 regarding  one (1) day’s  rest  in  seven  (7)  shall  not  be  construed  to 
prevent  an accumulation  of days  of  rest  when  the nature  of the  employment  reasonably  requires  the  employee  to work  seven  
(7)  or more  consecutive  days; provided,  however,  that  in  each  calendar  month,  the  employee  shall receive  the  equivalent  of  one  
(1)  day’s  rest  in  seven  (7).  
(L)  Except  as  provided  in subsections  (F)  and  (K), this  section  shall not  apply  to  any  employee  covered  by a  valid  
collective  bargaining  agreement if  the  agreement  expressly  provides for  the  wages,  hours  of  work,  and  working  conditions  
of  the  employees,  and  if the agreement provides premium wage rates for  all overtime hours worked and a regular hourly rate 
of pay for  those employees of not  less than 30  percent more than the state minimum  wage.  
(M)  Notwithstanding  subsection (L) above,  where the employer  and  a labor  organization  representing  employees of  the 
employer  have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees,  the  
requirement  regarding  the equivalent of  one  (1)  day’s  rest  in  seven  (7) (see  subsection  (K) above)  shall  apply,  unless  the 
agreement  expressly  provides  otherwise.  	
(N) If an  employer  approves  a written  request  of  an  employee  to make  up work  time  that  is  or  would  be  lost  as  a  result  of  a  
personal obligation  of the  employee,  the hours  of  that  make  up work  time,  if  performed  in the  same  workweek  in  which  the  
work  time  was lost,  may  not  be  counted  toward computing  the  total  number  of  hours  worked  in  a  day  for  purposes  of  the  overtime  
requirements,  except  for  hours  in excess  of  11  hours  of  work  in  one  (1) day  or  40  hours  of  work  in  one  (1) workweek.  If  an  employee  
knows  in  advance  that he or  she  will be requesting make up time for  a personal obligation that will recur at a fixed  time over a

—	8 	
 	 	 	
 
 
succession of  weeks,  the employee  may  request to make  up work  time  for up  to four  (4)  weeks  in  advance;  provided,  however,  
that  the  make  up  work  must  be  performed  in the  same  week that the  work time  was lost.  An  employee  shall provide  a signed  
written  request for  each  occasion  that  the  employee  makes  a  request  to  make up  work time  pursuant  to  this  Section.  While  
an  employer  may  inform  an  employee  of this  make  up time  option,  the  employer  is  prohibited from  encouraging  or  otherwise  
soliciting  an employee  to request  the  employer’s  approval  to  take  personal  time off and  make  up the  work hours  within  the same  
workweek  pursuant  to  this  Section.  
4. MINIMUM  WAGES 	
(A) 	  Every employer shall pay to each employee wages not less than the following:  
(1) 	 All employers, regardless of the number of employees, shall pay to each employee:  
(a)      Sixteen dollars ($16) per hour for all hours worked, effective January 1, 2024, and 
(b)      Fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.  	
(2) 	 Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages 
not less than the following: 
(a)     Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021. 	
(3) 	 Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages 
not less than the following:  
(a)     Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, and 
(b)  Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021. 
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are 
treated as  employees of that single taxpayer. LEARNERS. Employees during  their  first  one  hundred  and  sixty  (160)  hours  
of  employment  in occupations  in which  they have  no previous  similar  or  related  experience,  may  be  paid  not less  than  85 
percent  of  the  minimum  wage rounded  to the nearest  nickel.  	
(B) 	 Every  employer  shall  pay  to  each  employee,  on  the established  payday for  the  period  involved,  not  less  than  the  applicable 
minimum  wage  for all  hours  worked  in  the  payroll  period,  whether  the  remuneration  is measured  by  time,  piece,  commission,  or  
otherwise.  	
(C) 	 When  an employee  works  a  split  shift,  one  hour’s  pay  at  the  minimum  wage  shall be  paid  in  addition  to  the  minimum  
wage  for that  workday,  except when the employee resides at the place of  employment.	
 	
(D)  	The provisions of this section shall not apply to apprentices regularly indentured under the State Division of  
Apprenticeship Standards.  	
5. REPORTING TIME  PAY  	
(A) 	 Each  workday  an  employee  is  required  to report  for  work  and  does  report,  but  is  not  put  to  work  or  is  furnished  less 
than  half said	
 employee’s  usual or scheduled day’s  work, the employee  shall be paid  for half the usual  or scheduled day’s work,  
but  in no  event  for  less than  two (2)  hours  nor  more  than  four (4)  hours,  at  the  employee’s  regular  rate  of pay,  which  shall  not be  less  
than  the minimum  wage.  	
(B) 	If an  employee  is required  to report  for  work  a  second  time in  any  one  workday  and  is furnished  less than  two hours  
of  work  on  the  second  reporting,  said  employee  shall be  paid  for  two  hours  at  the  employee’s  regular  rate  of  pay,  which  shall  
not  be  less  than  the minimum  wage.	
 	
(C)  	The  foregoing  reporting time pay provisions  are  not  applicable  when: 
(1)  Operations  cannot  commence or  continue  due to threats  to  employees  or  property;  or  when  recommended  by civil 
authorities;  	
or 	
(2) Public utilities  fail  to  supply  electricity,  water,  or gas,  or  there  is a failure  in the  public  utilities,  or  sewer  system;  or	 	
(3)  The  interruption  of work  is  caused  by an  Act  of God  or other  cause  not  within  the employer’s  control.	 	
(D)  	This  section  shall  not  apply  to  an  employee  on paid  standby  status  who  is  called  to  perform  assigned  work  at  a  time  other  
than  the 
employee ’s  scheduled  reporting  time.	 	
6. LICENSES FOR DISABLED  WORKERS  	
(A) A license  may  be  issued  by  the  Division  authorizing  employment  of  a  person  whose earning  capacity  is  impaired  by physical 
disability  or mental  deficiency  at  less  than  the minimum  wage. Such  licenses  shall  be  granted  only upon  joint application  of 
employer  and  employee  and employee’s  representative  if  any.	
 	
(B)  A special  license may  be  issued  to  a nonprofit  organization  such as  a  sheltered  workshop  or rehabilitation  facility 
fixing  special minimum  rates  to  enable  the employment  of  such  persons  without  requiring  individual  licenses  of such  employees.	
 	
(C)  All  such  licenses  and  special  licenses  shall  be  renewed  on a yearly  basis  or  more  frequently  at  the  discretion  of  the  
Division.  (See	
 California  Labor Code,  Sections  1191  and 1191.5.)	 	
7. RECORDS  	
(A) 	Every  employer  shall  keep  accurate  information  with respect  to  each  employee  including  the  following:	 	
(1) 	 Full  name,  home  address,  occupation  and  social  security  number.	 	
(2) 	  Birth  date, if under 18 years, and designation as a  minor.	 	
(3) 	  Time  records  showing  when the  employee  begins  and  ends  each  work  period.  Meal  periods,  split  shift  intervals  
and  total  daily  hours  worked  shall  also  be  recorded.  Meal  periods  during  which  operations  cease  and  authorized  rest  periods  
need  not be  recorded.

—	9 	
 	 	 	
 
 	
(4) 	Total wages  paid  each  payroll  period,  including  value  of board,  lodging,  or  other  compensation  actually  
furnished  to the  	
employee.  	
(5) 	Total hours worked in the payroll period and applicable rates of  pay. This information shall be made readily  available 
to  the employee  upon  reasonable  request. 	
(6) 	 When a piece  rate or incentive  plan is in  operation,  piece  rates  or  an  explanation  of  the  incentive  plan  formula  shall be  
provided to employees.   An accurate production record shall be maintained  by the employer.  	
(B) 	Every  employer  shall  semimonthly  or  at  the  time  of each  payment  of  wages  furnish  each  employee,  either  as  a  detachable 
part  of the  check,  draft,  or  voucher  paying  the employee’s  wages,  or  separately,  an itemized  statement  in  writing  showing:  (1)  
all  deductions;  (2)  the  inclusive  dates  of  the  period  for which  the  employee  is paid;  (3)  the  name  of the  employee  or the  employee’s  
social  security  number;  and  (4) the  name of the  employer,  provided all deductions  made  on written  orders of  the  employee  may be  
aggregated  and shown  as one  item.  	
(C) 	All required  records shall  be  in  the  English  language  and in ink  or  other  indelible  form, properly  dated,  showing 
month,  day  and  year,  and  shall  be kept  on  file by  the  employer  for  at  least  three  years at  the  place  of  employment  or  at  a  central  
location  within the State  of California. An employee’s records shall be available for  inspection by the employee upon reasonable  
request.  	
(D) 	Clocks  shall  be  provided  in all  major  work  areas  or  within  reasonable  distance thereto  insofar  as  practicable.	 	
8.  CASH  SHORTAGE  AND BREAKAGE  	
No employer  shall  make  any  deduction  from the  wage  or require  any reimbursement  from  an  employee  for any  cash  
shortage,  break -	
 age, or  loss  of equipment,  unless  it  can  be shown  that the  shortage,  breakage,  or  loss  is caused  by a  dishonest  or  
willful  act,  or  by  the  gross negligence  of  the  employee. 	
9. UNIFORMS AND  EQUIPMENT 	
(A) 	When uniforms are required by the employer to be worn by  the employee as a condition of employment, such 
uniforms shall  be  	
provided  and maintained  by the  employer.  The  term  ”uniform ” includes  wearing apparel  and accessories of  
distinctive  design  or color.  	
NOTE:  	This section  shall  not  apply  to  protective  apparel  regulated  by  the  Occupational  Safety  and  Health  Standards  
Board.
 	
(B)  	When tools or equipment are required  by the employer or are necessary to the performance of a job, such tools and 
equipment shall be provided and maintained by the  employer, except that an employee whose wages are at least two (2) times 
the minimum  wage  provided herein may be required to provide and maintain hand tools and equipment customarily required by 
the  trade  or   craft. Notwithstanding  any other  provision  of this  section,  employees  in  beauty  salons,  schools  of  beauty  culture 
offering  beauty care  to  the public  for a fee,  and barber shops  may be required to furnish their own  manicure  implements,  curling  
irons,  rollers,  clips,   haircutting scissors, combs,  blowers,  razors, and  eyebrow  tweezers.  This  subsection  (B) shall  not apply  to 
apprentices  regularly  indentured  under the State Division of Apprenticeship  Standards. 
NOTE:  This section shall not apply to protective equipment and safety devices on tools regulated by  the Occupational Safety 
and Health  Standards  Board.  	
(C) 	A reasonable deposit may  be required as security for the return of the items furnished by  the employer under  provisions  
of  subsec tions (A)  and  (B) of this  section  upon  issuance  of a  receipt  to  the  employee  for such  deposit.  Such  deposits  shall  be  made  
pursuant  to  Section  400  and following  of the  Labor  Code  or  an  employer  with  the  prior  written  authorization  of the  employee  
may  deduct  from  the  employee’s  last check  the cost  of  an  item  furnished  pursuant to  (A)  and  (B) above  in the  event  said item  
is  not  returned.  No deduction  shall be made at any time  for normal wear and tear. All items furnished  by   the  employer shall be 
returned   by  the employee upon  completion   of  the  job. 	
10. MEALS AND  LODGING 	
(A) 	”Meal ” means  an  adequate,  well -balanced  serving of  a  variety  of  wholesome,  nutritious  foods.  	
(B) 	”Lodgi ng”	 m eans	 liv ing	 a cc om modati ons	 ava ila ble	 t o the	 e mp lo yee	 for	 f u ll - ti me	 occ upa ncy	 wh ich	 a re	 a deq uate ,	 de cent ,	 	
an d	 sanita ry acco rd in g	 to usual	 and	 cus tom ary	 s tanda rd s.	 E mp lo yees	 s hal l	 not	 be	 requir ed	 to sha re	 a b ed .	 	
(C)  	Meals  or  lodging  may not  be  credited  against the  minimum  wage  without  a  voluntary  written  agreement  between  the 
employer  and the  employee.  When  credit for  meals  or  lodging  is used  to meet  part  of  the  employer ’s  minimum  wage obligation,  the 
amounts  so  credited may  not be more than the  following: 	
EFFECTIVE:	  	JANUARY 1, 2021	 	JANUARY 1, 2022	 	JANUARY 1, 	2023	 	JANUARY 1, 	2024	 	For an employer who employs:	 	26 or	 	More Employees  	25 or Fewer  Employees 	26 or	 	More Employees	 	25 or 	 	Fewer  
Employees  	All 	Employers 	regardless of 
number of 
Employees	 	
All Employers regardless of number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	
Room occupied alone	 	$65.83	 	/week  	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$72.88	 	/week 	$75.23	 	/week 	
Room shared	 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$60.16	 	/week 	$62.10	 	/week

—	10	 	
 	 	 	
 
 
Apartment 	— two thirds (2/3) of the ordinary 	rental value, and in no 	event more than: 	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$875.33	 	/month 	$903.60	 	/month 	
Where a couple are 	both employed by the 	employer, two thirds (2/3) of the ordinary rental value, and in no event more than:	 	
$1,169.59	 	/month 	$1,086.07	 	/month 	$1,253.10	 	/month 	$1,169.59	 	/month 	$1,294.83	 	/month 	$1,336.65	 	/month 	
MEALS	 	 	 	 	 	 	 	
Breakfast	  	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.60	 	$5.78	 	
Lunch	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.72	 	$7.97	 	
Dinner	 	$9.35	 	$8.68	 	$10.02	 	$9.35	 	$10.35	 	$10.68	 	
(D) 	Meals  evaluated,  as  part  of  the  minimum  wage,  must  be bona  fide meals  consistent  with the  employee’s  work  shift. 
Deductions  shall  not be made for meals not received nor lodging not  used.	
 	
(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  employee.  Unless  the  employee  is relieved  of all  duty  during  a  30 minute 
meal  period,  the  meal period  shall  be  c onsidere d  an  “on  duty”  meal peri od  and  coun ted  as  time   work ed.  An  “on duty”  m eal 
period  s hall be permitt ed  only  when  th e natu re of the  work  prev ents  an employee from  being  reliev ed  of all  duty  and w hen by 
wr itten  agreement  between  the part ies an  on-the- job paid mea l peri od is  agr eed  to. The  writt en  agreement  s hall  state  that  the 
employee  ma y,	
 
in  writi ng,  rev oke  the  agr eement  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  work day  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 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.	
 	
(E)  Employees  with  direct  responsibility  for  children  who are  under  18  years  of  age  or who  are  not  emancipated  from 
the  foster  care  system  and  who,  in either  case,  are  receiving  24 hour  residential  care,  and employees  of  24  hour  residential  care  
facilities  for  the  elderly,  blind or developmentally disabled individuals may  be required to work on-duty meal periods without 
penalty when necessary to  meet regulatory or  approved  program standards  and  one of the  following  two  conditions  is  met:	
 	(1) The residential care employees eats with residents during residents’ meals and the employer provides the same 
meal  at  no charge to the employee; or  
(2) The  employee  is  in  sole  charge  of  the  resident(s)  and,  on  the  day  shift,  the employer  provides  a meal  at  no 
charge  to  the  	employee.  
(F)  An employee,  except for  the  night  shift,  may exercise  the  right  to  have  an off-duty  meal  period  upon 30  days’  notice  to 
the em ployer for  each  instance  where an  off-duty  meal  is  desired,  provided  that, there  shall be  no more  than  one  off-duty  
meal  period  every two weeks.	
 	
12. REST PERIODS  	
(A) Every  employer  shall  a

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