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 N OTICE INDUSTRIA L WELFARE COMMISSION ORDER NO . 5-2001 REGUL ATING W AGES , HOUR S AND WORKING CONDITI ONS IN THE PUBLIC HOUSEKEEPING INDUST RY Ef fec tive Jul y 1, 2002 a s amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2019, pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code This Order Must Be Poste d Where Employee s Can Rea d It Easily IWC FORM 1105 (Rev. 11/2018) OSP 06 98763 ? 1 •Please Post With This Side Showing • OFFICIAL NOTICE Effective July 1, 2002 as amended Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2019, pursuant to SB3, Chapter 4, Statutes of 201 6 and section 1182.13 of the Labor Code INDUSTRIA L WELFARE COMMISSION ORD ER NO . 5-2001 REGUL ATING WAG ES, HOUR S AND WORKIN G CONDITION S IN THE PUBL IC HOUSEKEE PING INDUSTRY TAKE NOTICE: To employers and representativ es of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission ?s Orders as a result of legislation enacted (SB 3, Ch. 4, Stats of 201 6, amending section 1182.12 of the California Labor Code , and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC ?s Orders. 1. APPLICABILITY OF ORDER This order shall apply to all persons employ ed in the public housekeeping industry whether paid on a time, piece rate, commission, or other basis, except that: (A) Except as pr ovided 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 Califor nia 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 employ ed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee ?s duties meet the test to qualify f or an exemption to those sections: (1) Executive Exemption. A person employ ed in an executive capacity means any employ ee:(a) Whose duties and responsibilities inv olve the management of the enterprise in which he or she is employ ed or of a cu stomarily recogniz ed department or subdivision thereof; and (b) Who customarily and regularly directs the work of two or more other employ ees therein; and (c) Who has the author ity to hire or fire other employ ees 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 ex ercises 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- ex empt work shall be construed in the same manner as such items are constr ued in the following regulations under the Fair Labor Stan dards 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, f or example, all work that is directly and closely related to ex empt work and work which is properly vi ew ed as a means f or carrying out ex empt functions. The work actually performed by the employ ee du ring the course of the work w eek must, first and foremost, be examined and the amount of time the employ ee spends on such wor k, together with the employ er ?s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employ ee satisfies this requirement. (f) Such an employ ee must also earn a monthly salary equivalent to no less than two (2) times the state minim um wage f or full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week. (2) Administrative Exemption. A person employ ed in an administrative capacity means any employ ee:(a) Whose duties and responsibilities involve either: (i) The performance of office or non -ma nual work directly related to management policies or general business operations of his employ er or his employ er ?s customers; or (ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department of subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (b) Who customarily and regularly ex ercises discretion and independent judgment; and (c) Who regularly and directly assists a proprietor, or an employ ee employed in a bona fide executive or administrative capacity (as such terms are defined f or purposes of this section); or (d) Who performs under only gener al supervision work along specializ ed or technical lines requiring special training, experi ence, or kn owledge; or (e) Who executes under only gene ral 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- ex empt work shall be construed in the same manner as such terms are construed in the following regulations under the F air 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 ex empt work and work which is properly vi ew ed as a means f or carrying out ex empt functions. The work actually performed by the employ ee during the course of the work w eek must, first and foremost, be examined and the amount of time the employ ee spends on such wor k, together with the employ er ?s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employ ee 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 f or full- time employment. Full-time employment is de fined in Labor Code Section 515(c) as 40 hours per week. (3) Professional Exemption. A person employ ed in a professional capacity means any employ ee who meets all of the following requirements: (a) Who is licensed or ce r tified b y the State of California and is primarily engaged in the practice of one of the following re cogniz ed professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or (b) Who is primarily engaged in an occupation commonly recogniz ed as a lear ned or artistic profession. F or the purposes of this subsection, ? O H Drned or artistic prof H V V L R Q ? means an employ ee 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 ? 2 course of specializ ed intellectual instruction and study, as distinguished from a gener al 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 necessar ily incident to any of the above wor k; or (ii) Work that is original and creative in character in a recogniz ed field of artistic endeavor (as opposed to work which can be produced by a person endow ed with general ma nual or intellectual ability and training), and the result of which depends primar ily on the invention, imagination, or talent of the employ ee or work that is an essential part of or necessar ily incident to any of the above wor k; and (iii) Whose work is predominantly intellectual and var ied in character (as opposed to routine mental, manual, mechanical, or physical wor k) 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 regular ly e xercises discretion and independent judgment in the performance of duties set for th in para graph (a). (d) Who earns a monthly salary equiv alent to no less than two (2) times the state minim um wage f or full-time employment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week. (e) Subpara graph (b) above is intended to be construed in accordance with the f ollowing provisions of fede ral law as th ey 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 subpara graph, pharmacists employ ed to engage in the practice of pharmacy, and registered nurses employ ed to engage in the practice of nursing, shall not be considered exempt professional employ ees, nor shall they be considered exempt from cover age for the purposes of this subsection unless they individually meet the cr iteria established f or ex emption as ex ecutive or administrative employ ees. (g) Subpara graph (f) above, shall not apply to the following advanced practice nurses: (i) Ce rtified nurse midwiv es who are primar ily engaged in per forming duties f or 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 per forming duties f or 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) Cer tified nurse practitioners who are primar ily engaged in per forming duties f or 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 subpara graph shall exempt the occupations set for th in clauses (i), (ii), and (iii) from meeting the requirements of subsection 1(B)(3)(a)-(d), above. (h) Except as pr ovided in subpara graph (i), an employ ee in the computer software field who is paid on an hour ly basis shall be exempt, if all of the following apply: (i) The employ ee is pr imar ily engaged in work that is intellectual or creative and requires the exercise of discretion and independent judgment. (ii) The employ ee 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 hardw are, softw are, or system functional specifications. ? The design, development, documentation, analysis, creation, testing, or modification of computer systems or pro gram s, including prototypes, based on and related to, user or system design specifications. ? The documentation, testing, creation, or modification of computer pro grams related to the design of software or har d- ware f or computer operating systems. (iii) The employ ee is highly skilled and is proficient in the theoretical and practical application of highly specializ ed in for mation to computer systems analysis, pro gramming, and software engineering. A job title shall not be determinative of the applicability of this exemption. (iv) The employ ee ?s hou r ly rate of pay is not less than for ty-one dollars ($41.00). The Office of Policy, Research and Legislation shall adjust this pay rate on October 1 of each y ear to be ef fective on January 1 of the following y ear by an amount equal to the percentage increase in the California Consumer Price Index f or Urban Wage Earners and Clerical Work ers.* (i) The ex emption provided in subpara graph (h) does not apply to an employ ee if any of the following apply: (i) The employ ee is a trainee or employ ee in an ent ry-lev el position who is learning to become proficient in the theoretical and practical application of highly specializ ed information to computer systems analysis, pro gramming, and software engineering. (ii) The employ ee is in a computer-related occupation b ut has not attained the lev el 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 employ ee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facili- tated by the use of computers and computer software pro grams and who is skilled in computer-aided design softw are, including CAD/CAM, but who is not in a computer systems analysis or pro gramming occupation. (v) The employ ee 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 f or print or for onscreen media or who writes or pr ovides content mater ial intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide W eb or CD-R OMs. (vi) The employ ee is engaged in any of the activities set for th in subpara graph (h) f or the purpose of creating imagery f or ef fects used in the motion picture, television, or theatrical industry. (C) Except as pr ovided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employ ed by the State or any political subdivision thereof, including any city, county, or special district. (D) The pr ovisions of this order shall not apply to outside salespersons. (E) Pr ovisions 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 pro gram, such as AmeriCorps, ca rried 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 ? D O W H rnative workweek V F K H G X O H ? means any regular ly scheduled workweek requiring an employ ee to work more than eight (8) hours in a 24-hour period. * Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Industrial Rela tions, has adjusted the minim um hou rly rate of pay specified in this subdivision to be $49.77, effective Jan uary 1, 2007. This hour ly rate of pay is adjusted on October 1 of each y ear to be ef fective on Jan uary 1, of the following y ear, and may be obtained at www.dir.ca.gov/IWC or by mail from the Department of Industrial Relations. ? 3 (B) ? &