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 California general labor law poster poster provided for businesses by the California Department Of Industrial Relations. This notification is required for some employers, such as employers in the public housekeeping industry.
This mandatory notice contains ten pages of information dedicated to the laws of wages, hours, and working conditions in the public housekeeping industry. All ten pages are required to be posted. The notice includes information relative to applicability and exemption of the order, legal definitions, hours and days of work definitions, minimum wages, reporting procedures, disability clauses, records procedures, rest and recover periods, and overall satisfactory working conditions required by the state of California.
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, 202 3, 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. 11/2022 ) 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 P U B L IC HOU S E K E E PING IND U S T R Y — 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 b y 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 p rim arily engag ed in an occu pation co m monly re cogn iz ed as a lear ned or a rtis tic profe ssion. F or th e pur po se s of this s u b se ction, ”learn ed or a rti s tic pro fe ssion” m eans an em plo yee who is prim arily eng aged in the perfo rm an ce 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 or iginal 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 e xercises 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 documentation, 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 infor mation 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 — 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. — 13 For further information or to file your complaints, visit https://www.dir.ca.gov/dlse/dlse.html or contact the State of California at the following department offices: California Labor Commissioner's Office , also known as, Division of Labor Standards Enforcement (DLSE) BAKERSFIELD Labor Commissioner's Office/DLSE REDDING Labor Commissioner's Office/DLSE SAN JOSE Labor Commissioner's Office/DLSE 7718 Meany Ave. Bakersfield, CA 93308 661 -587 -3060 250 Hemsted Drive, 2nd Floor, Suite A Redding, CA 96002 530-225 -2655 100 Paseo De San Antonio, Room 120 San Jose, CA 95113 408-277 -1266 EL CENTRO Labor Commissioner's Office/DLSE 1550 W. Main St. El Centro, CA 92243 922 43 760 -353 -0607 SACRAMENTO Labor Commissioner's Office/DLSE 2031 Howe Ave, Suite 100 Sacramento, CA 95825 916 -263 -1811 SANTA ANA Labor Commissioner's Office/DLSE 2 MacArthur Place Suite 800 Santa Ana, CA 9270 7 714 -558 -4910 FRESNO Labor Commissioner's Office/DLSE 770 E. Shaw Ave., Suite 222 SALINAS Labor Commissioner's Office/DLSE 950 E. Blanco Rd., Suite 204 SANTA BARBARA Labor Commissioner's Office/DLSE 411 E. Canon Perdido, Room 3 Fresno, CA 93710 Salinas, CA 93901 Santa Barbara, CA 93101 559 -244 -5340 831 -443 -3041 805 -568 -1222 LONG BEACH SAN BERNARDINO Labor Commissioner's Office/DLSE 300 Oceangate, 3 rd Floor Labor Commissioner's Office/DLSE 464 West 4 th Street, Room 348 SANTA ROSA Labor Commissioner's Office/DLSE Long Beach, CA 90802 San Bernardino, CA 92401 50 ?D? Street, Suite 360 562 -590 -5048 909 -383 -4334 Santa Rosa, CA 95404 707 -576 -2362 LOS ANGELES SAN DIEGO Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE STOCKTON 320 W. Fourth St., Suite 450 7575 Metropolitan Dr., Room 210 Labor Commissioner's Office/DLSE Los Angeles, CA 90013 San Diego, CA 92108 31 E. Channel Street, Room 317 213 -620 -6330 619 -220 -5451 Stockton, CA 95202 209 -948 -7771 OAKLAND SAN FRANCISCO Labor Commissioner's Office/DLSE 1515 Clay Street, Room 801 Labor Commissioner's Office/DLSE 455 Golden Gate Ave. 10 th Floor VAN NUYS Labor Commissioner's Office/DLSE Oakland, CA 94612 San Francisco, CA 94102 6150 Van Nuys Boulevard, Room 206 510 -622 -3273 415 -703 -5300 Van Nuys, CA 91401 818 -901 -5315 OAKLAND – HEADQUARTERS Labor Commissioner's Office/DLSE 1515 Clay Street, Room 1302 Oakland, CA 94612 510 -285 -2118 [email protected] EMPLOYERS: Do not send copies of your alternative workweek election ballots or election procedures. Only the results of the alternative workweek election shall be mailed to: Department of Industrial Relations Office of Policy, Research and Legislation P.O. Box 420603 San Francisco, CA 94142 -0603 (415) 703 -4780 Prevailing Wage Hotline (415) 703 -4774
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