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, 2021 , 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  	
 
 
 
 
 
 
 
 
 
 
 	
IWC FORM 1105 (Rev.  11/2020) 	
OSP 06  98763

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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 involve 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. 
Exempt  work  shall  include,  for example,  all  work  that  is  directly  and closely  related  to exempt work  and  work  which  is  properly  	
 	 	
  	 	 	 	 	 	
 	  	 	 	 	
 	 	 	 	 	 	 	 	 	 	 	 	
 	  	 	 	 	 	  	 	 	 	 	
 	 	 	 	 	 	
INDUSTRIA L  WELFARE  CO MMISSIO N 
O RDER  N O.  5-2001  	
REGULATING  	
WAGES,  HOURS  AND WORKING  CO NDITIONS  IN  THE 
P	U	B	L	IC	 HOU	S	E	K	E	E	PING	 IND	U	S	T	R	Y

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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 minimum 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)	  W ho  is  primarily  engaged in an  occupation  commonly  recognized as  a  learned or  artistic profession. For  the 
purposes of this subsection, 	
”learned or artistic profession” means an employee who is primarily engaged in the performance of: 	
(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) above is intended to be construed in accordance with the following provisions of federal law 
as they existed as of the date of this W age 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 
det ermine 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 documentation, testing, creation, or modification of computer programs related to the design of 
s oftware 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 hourly 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

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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	 “alternative	 workweek	 schedule”	 means	 any	 regularly	 scheduled	 workweek	 requiring	 an	 employee	 to work	 more	 	
than	 eight	 (8) hours	 in a 24-hour	 period.	 	 	(B) 	”Commission” means the Industrial W elfare Commission of the State of California. 	
(C) 	 “D	ivision”	 means	 the	 Division	 of Labor	 Standards	 Enforcement	 of the	 State	 of California.	 	
(D) 	 “Emergency”	 means	 an	 unpredictable	 or unavoidable	 occurrence	 at unscheduled	 intervals	 requiring	 immediate	 	
action.	 	
(E) 	 ”Employ” means to engage, suffer, or permit to work.	 	
(F) 	 ”Employee	” means	 any	 person	 employed	 by	 an	 employer,	 and	 includes	 any	 lessee	 who	 is charged	 rent,	 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)	 “Employees	 in the	 Healthcare	 Industr	y” means	 any	 of the	 following:	 	
(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 ot her person, employs or exercises control over the wages, hours, or working conditions of any person.	
 	
(I) ”Healthcare	 Emergency	” consists	 of an	 unpredictable	 or unavoidable	 occurrence	 at unscheduled	 intervals	 relating	 	
to healthcare 	delivery, requiring immediate action.	 	
(J)	 “Healthcare  Industr	y” is  defined  as  hospitals,  skilled  nursing  facilities,  intermediate  care  and  residential  care  facilities,  
convalescent care  institutions, home health agencies,  clinics  operating  twenty-four (24) hours per  day, and  clinics  performing 
surgery, urgent  care, radiology,  anesthesiology,  pathology,  neurology  or  dialysis.	
 	
(K) 	“Hours  work	ed”	  means  the  time  during  which  an  employee  is  subject  to  the  control  of  an  employer,  and  includes  
all  the  time  the employee is suffered or permitted to work, whether or not required to do so, and in the case of an employee who is  required to reside on the employment  premises,  that  time  spent  carrying  out  assigned  duties  shall  be  counted  as  hours  
worked.  Within  the  health  care  industry,  the  term 	
”hours  work	ed”	  means the time  during  which an  employee  is  suffered or 	
                                                           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/iwc/ComputerSoftwareEmployees.html	 or by mail from t he Department of Industrial Relations.

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permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the Fair 
Labor Standards Act.	
 	
(L) 	”Minor” means, for the purpose of this Order, any person under the age of 18 years. 	
(M)	 “O	utside	 Salesperson”	 means	 any	 person,	 18	 years	 of age	 or over,	 who	 customarily	 and	 regularly	 works	 more	 than	 	
half	 the	 working time	 away	 from	 the	 employer’s	 place	 of business	 selling	 tangible	 or intangible	 items	 or obtaining	 orders	 or 	
contracts	 for	 products,	 services or	 use	 of facilities.	 	
(N) 	“Personal attendan	t” includes baby sitters and means any person employed by a non-profit organization covered by this 
order to supervise,  feed  or  dress  a  child  or  person  who  by  reason  of  advanced  age,  physical  disability  or  mental  deficiency  
needs  supervision. The status  of 	
”personal  attendant” shall apply  when  no  significant  amount  of  work  other  than  the  foregoing 
is  required.	
 	
(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 offering 	
 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” 	means	 designated	 hours	 of work	 by	 an	 employee,	 with	 a designated	 beginning	 time	 and	 quitting	 time.	 	
(R) 	”S plit 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) 	” Teaching”  means,  for  the  purpose  of  section  1  of  this  Order,  the  profession  of  teaching  under  a  certificate  from  
the  Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. 	
(T)	 ”W	ages	”  include  all  amounts  of  labor  performed  by  employees  of  every  description,  whether  the  amount  is fixed  or 
ascertained  by the standard of time, task, piece, commission basis, or other method of calculation. 	
(U) 	“Workda	y” and	 ”day” mean	 any	 consecutive	 24-hour	 period	 beginning	 at the	 same	 time	 each	 calendar	 day.	 	
(V) 	” Workweek” and  ”week”  mean  any  seven (7)  consecutive  days,  starting  with the  same  calendar  day  each  week. 
”Workweek” 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 (7 th
) 
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 (7 th
) 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. 
(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)

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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  ( 1	
1/2) 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 w
ork 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 
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 W age Orders 4 and 5 and who is unable to work the alternative workweek schedule established.

—	6 	
 	
(f) An employer engaged in the operation of a licensed hospital or in providing personnel for the operation of a 
l	
icensed 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  
t	
han  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  
v	

oluntary  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	 
El	
ection  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   order  to  b e  valid,  th e   pr opose d   alter nati ve  workwee k  schedule    must   b e  a dopte d  in  a   secre t  ballot  
elec tion,  befo re  the  performance  of  work,  by  at  least  a  two- thirds  (2/3)   vote  of the  affected  employ ees in   the  work  unit. The 
election  s hall  be held during regul ar  working  hours   at  th e  empl oyees’  wo rk  site.  Fo r  purp oses   of  thi s  subsec tion,   	
”affecte d  
employees  in  the  work  unit”  may  include  all employees in  a  readily  identifiable  work unit,  such  as  a  division,  a department, 
a job  classification,  a  shift,  a  separate  physical   location, 
or a recognized  s ubdivision  of  any such  work  unit. A  work  un it  may 
c onsist  of an  indiv idual em ploy ee as l ong as the c riteria  for  an  ident ifiab le work unit in th is  subsec tion  is  me t. 	
(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.  
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

—	7 	
 
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) 	T he 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 dormitory and kitchen facilities for employees on such a schedule. 	
(K) 	The pr ovisions 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 
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. W hile 
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 ma
ke up the work hours within the same 
workweek pursuant to this Section.

—	8 	
 
4. MINIMUM WAGES 	
(A) 	Every employer shall pay to each employee wages not less than the following: 
(1)	 Any employer who employs 26 or more employees shall pay to each employee wages not less than the following: 
(a) 	Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2020;	 	
(b) 	Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021; and	 	
(c)	 Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022.	 	
(2)	 Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following: 
(a) 	Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020;	 	
(b) 	Thirteen dollars  ($13.00) per hour for all hours worked, effective January 1, 2021;	 	
(c) 	Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022;	 	
(d)	 Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2023.	 	
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) 	O perations 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.	
 	
(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

—	9 	
 
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 subsections (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) 	”Lodging”	 means	 living	 accommodations	 available	 to the	 employee	 for	 full-time	 occupancy	 which	 are	 adequate,	 decent,	 	
and	 sanitary according	 to usual	 and	 customary	 standards.	 Employees	 shall	 not	 be	 required	 to share	 a bed.	 	
(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, 2020	 	JANUARY	 1, 2021	 	JANUARY	 1, 2022	 	JANUARY	 	1, 2023	 	For an employer who employs:	 	26 or	 	More 
Employees 	25 or	 	Fewer  
Employees 	26 or	 	More 
Employees 	25 or 	 	Fewer  
Employees 	26 or	 	More 
Employees 	25 or	 	Fewer  
Employees 	All 	Employers 
regardless of  number of 
Employees	 	
LODGING	 	 	 	 	 	 	 	 	
Room occupied alone	 	$61.13	 	/week 	$56.43	 	/week 	$65.83	 	/week 	$61.13	 	/week 	$70.53	 	/week 	$65.83	 	/week 	$70.53	 	/week 	
Room shared	 	$50.46	 	/week 	$46.58	 	/week 	$54.34	 	/week 	$50.46	 	/week 	$58.22	 	/week 	$54.34	 	/week 	$58.22	 	/week 	
Apartment 	? two thirds (2/3) of the ordinary rental 	value, and in no event more than: 	$734.21	 	/month 	$677.75	 	/month 	$790.67	 	/month 	$734.21	 	/month 	$847.12	 	/month 	$790.67	 	/month 	$847.12	 	/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	: 	
$1086.07	 	/month 	$1002.56	 	/month 	$1169.59	 	/month 	$1086.07	 	/month 	$1253.10	 	/month 	$1169.59	 	/month 	$1253.10	 	/month 	
MEALS	 	 	 	 	 	 	 	 	
Breakfast	  	$4.70	 	$4.34	 	$5.06	 	$4.70	 	$5.42	 	$5.06	 	$5.42	 	
Lunch	 	$6.47	 	$5.97	 	$6.97	 	$6.47	 	$7.47	 	$6.97	 	$7.47	 	
Dinner	 	$8.68	 	$8.01	 	$9.35	 	$8.68	 	$10.02	 	$9.35	 	$10.02	 	
(D)	 Meals evaluated, as part of the minimum wage, must be bona fide meals consistent with the employee’s work shift.

—	10	 	
 	
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  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  ma y, 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 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 employer 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 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 of ten (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 (	31/2) 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 work day that 
the rest period is not provided. 	
(C) 	However, 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 elderly, blind or developmentally disabled individuals may, without penalty, require an employee to 
remain on the premises  and  maintain general supervision of residents during rest periods if the employee is in sole charge of 
residents. Another rest period shall be authorized and permitted by the employer when an employee is affirmatively required to 
interrupt his/her break to respond to the needs of residents. 	
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

—	11	 	
 
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 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 po

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