California Industrial Welfare Commission (IWC) Wage Order #5 Public Housekeeping Industry Poster
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
Other California Labor Law Posters 4 PDFS
There are an additional 33 optional and mandatory California labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
View all 34 California labor law posters
Get a 2025 California all-in-one labor law poster
Instead of printing out pages of mandatory California and Federal labor law posters, you can purchase a professional, laminated all-in-one labor law poster that guarantees compliance with all California and federal posting requirements. Fully updated for 2025!
Get 2025 All-In-One Poster NowPoster Sources:
- Original poster PDF https://www.dir.ca.gov/IWC/IWCArticle05.pdf , updated January 2024
- California Labor Law Posters at http://www.dir.ca.gov/wpnodb.html
- California Department Of Industrial Relations
Disclaimer:
While we do our best to keep our list of California labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.