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

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,  ?OHDrned  or artistic prof HVVLRQ? 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 ?DOWH rnative workweek  VFKHGXOH? 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)	?&RPPLVVLRQ?
 means the Industr ial W elfare Commission  of the State  of California.	(C) ?'LYLVLRQ?  means the Division  of Labor Standards  Enforcement  of the State  of California.
(D) ?(PHUJHQF\?  means an unpredictab le or  un avoidab le occurrence  at unscheduled intervals requiring immediate action.
(E)	
?(PSO o\?  means  to engage, suffer,  or pe rmit  to wor k.	(F)?(PSO oyHH?  means  any  person  employ ed  by an  employer,  and includes  any  lessee  who  is  charged  rent,  or  who  pa ys  rent  f or  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) ?(PSO oyees  in the Healthcare Industr \? means any  of the	 following:	(1)	Employees  in the healthcare	 industry  providing patient care;  or	(2)	Employees in the healthcare industry working  in a clinical  or medical department, including  pharmacists dispensing prescrip
tions  in any practice setting;  or	 	(3)	Employees in the healthcare industry working primarily  or  regular ly as  a member  of a patient care deliv ery team	(4)	Licensed veterinarians, registered veterinary technicians  and unregistered animal health technicians providing patient care.
(H)	?(PSO oyHU?  means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any
other  person,  emplo ys or  ex ercises  control  ov er  the  w ages, hours, or  working  conditions  of  any  person. 	
(I) ?+HDOWKFDUH  (PHUJHQF\?  consists of an   unpredictab le or  unavoidab le  occurrence  at  unscheduled  intervals  relating  to  healthcare	deli very, requir ing immediate action. 	(J)	?+HDOWKFDUH   Industr\? is   defined  as  hospitals,  skilled  nursing  facilities,  intermediate  care  and  residential  care  facilities,  convalescent
care  institutions,  home  health  agencies,  clinics  operating  twenty-f our  (24)  hours  per  day,  and  clinics  performing  surgery,  urgent  care, 
radiol ogy,  anesthesiology,  pathology,  neurology  or  dialysis. 	
(K)	?+RXUV   workHG?  means  the  time  during  which an  employee is  subject  to  the  control  of an  employer,  and  includes  all  the  time  the
employ ee is  suffered  or pe rmitted  to wor k, whether  or not required  to do so, and  in the case  of an employ ee who  is required  to reside  on the	 	employment  premises,  that  time  spent  carrying  out  assigned  duties  shall  be  counted  as  hours  work ed. Within  the  health  care  industry,  the	 	term  ?KRXUV  workHG? means the time  during which  an employee is suffered  or pe rmitted  to work f or the employer, whether  or not  required	 	to do so,  as interpreted  in accordance with the  provisions  of the F air Labor Standards Act. 	(L)	?0LQRU?  means, f or the  purpose  of this Order, any person under the age  of 18 years.	(M)  ?2XWVLGH  6DOHVSHUVRQ?  means any person,  18 years  of age  or over, who customar ily and regular ly wor ks more than half the	 working
time away from the employ er?s place  of business selling tangib le or  intangib le items  or obtaining orders  or contracts f or products,  services 	
or use  of facilities.	 	(N)	?Personal  DWWHQGDQW? includes baby sitters and means any person employ ed by a non-profit organization covered by this order  to
supervise,  f eed or  dress  a  child  or  person  who  by  reason  of advanced  age,  physical  disability  or  mental  deficiency  needs supe rvision. The	 	status  of ?SHUVRQDO  DWWHQGDQW?   shall  apply  when  no  significant  amount  of  work  other  than  the  foregoing  is  required. 	(O) ?3rimar LO\? as  used  in Section  1, Applicability, means more than  one-half the employ ee?s work time.
(P)	?3X blic Housekeeping Industr \? means any industry, business,  or establishment which  provides meals, housing,  or maintenance
se rvices 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)	Restaur ants,  night  clubs,  taverns,  bars, cocktail  lounges,  lunch  counters,  cafeter ias,  boarding  houses,  clubs,  and  all  similar
establishments where f ood in either solid  or liquid form  is prepared and  served  to be  consumed  on the premises; 	
(2)	Catering, banquet, box lunch  service,  and similar establishments which prepare food f or consumption  on or off the premises;	(3)	Hotels	, motels,  apartment houses, rooming houses, camps, clubs, trailer  parks, office or loft buildings,  and similar
establish	ments  offering rental  of living, business,  or commercial quarters; (4)	Hospitals, sanitariums, rest homes, child nurser ies, child care institutions, homes f or the aged,  and similar	 establishments of-	fe	
r ing  board  or lodging  in addition  to medical, surgical, nursing,  convalescent, aged,  or child care; 	
(5)	Private schools, colleges,  or 	uni versities,  and similar establishments which  provide board  or lodging  in addition  to	 educational	facilities; 	(6)	Establishments contracting f or 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) ?6KLIW?  means designated hours  of work by  an employee, with a designated beginning time and quitting time.
(R)	
?6SOLW  VKLIW?  means a work schedule which  is interrupted by non-paid  non-working  periods established by the employer, other than
bona fide rest  or meal  period s. 	
(S)	?T HDFKLQJ?   means,  f or  the  purpose  of  section  1  of  this  Order,  the  profession  of  teaching  under  a  certificate  from  the  Commission
f or  Teacher Preparation  and Licensing or teaching  in an  accredited college  or university. 	
(T)	?WDJHV?   include  all  amounts  of  labor  performed  by  employ ees of   every  description,  whether  the  amount  is fix ed  or  ascertained  by
the standard  of time, task, piece, commission basis,  or other method  of calculation. 	
(U) ?Wor kda\?  and  ?Ga\?  mean any consecutive  24-hour  pe riod beginning  at the same time each calendar day.
(V)	? Workw HHN? and  ?w HHN?  mean any sev en (7) consecutive days, starting with the same calendar day each week.  ?Workw HHN? is  a
fix ed  and  regular ly  recurring  period of 168  hour s,  sev en  (7)  consecutive  24-hour  periods.  3.
HOURS AND DAYS OF WORK	
(A)	Daily Overtime - Gener al Pr ovisions(1) 	The  following  overtime  provisions  are  applicab le to   employees  18  years of age  or  ov er  and  to  employ ees 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 wor k. Such employees	 	shall  not be  employ ed  more  than  eight  (8)  hours  in  any  wor kday or  more  than  40  hours  in  any  workw eek  unless  the  employ ee  receiv es one	 	and one-half (1 1
/2 ) times such employ ee?s regular rate of pa y for all hours worked ov er 40 hours in the workweek. Eight (8) hours of labor	 	constitutes a  day ?s wor k. Employment b eyond  eight (8) hours  in  any wor kday  or more  than six  (6) da ys in  any  workw eek is  pe rmissib le	 	provided  the  employ ee is  compensated  f or  such  overtime  at not   less  than: 	(a) One  and one-half  (1	1/2)  times  the  employ ee?s  regular  rate  of  pay  f or  all  hours  work ed in   excess  of  eight  (8)  hours  up to
and including  tw elve  (12)  hours  in  any  wor kday,  and  f or  the first  eight  (8)  hours  work ed on the  seventh (7	th) consecutive  day  of  work  in  a 
workweek;  and	 (b)	Double  the  employ ee?s regular  rate  of  pay  f or all   hours  work ed in   excess  of 12   hours  in  any  wor kday  and  f or all   hours
work ed 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  nonex empt full-time salaried employ ee shall be computed by
using the employ ee?s regular hour ly salary  as one fortieth (1/40)  of the employ ee?s weekly salary.	 	(2)	Employ ees with direct responsibility f or 	children who are under  18 years of age  or who are  not emancipated from the	 foster care

? 4  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  employ ee who wor ks in  excess  of 40  hours  in a workw eek shall  be compensated  at one  and one-half (1 1
/2 ) times the
employ ee?s regular rate  of pay f or all  hours ov er 40  hours  in the workweek. 	
(b) An employ ee shall  be compensated  at two (2) times the employ ee?s regular rate  of pay f or all hours  in excess  of 48 hours	in  the workweek. 	(c)	An  employ ee shall  be compensated  at two (2) times the employ ee?s regular rate  of pay f or all hours  in excess  of 16  in a
wor kday. 	
(d)	No  employ ee shall wor k more than  24 consecutive hours until said employ ee receives not  less than eight (8) consecutive
hours off-duty immediately f ollowing the  24 consecutive hours  of wor k. 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 few er for  the developmentally disabled, elderly,  and mentally ill adults.	 	This section, (3)(A)(2)(e), shall sunset on July 1, 2005.	 	(B)	Alternative Workw eek Schedules(1)	No employ er shall  be deemed  to have  violated  the  daily  overtime  provisions  by  instituting,  pursuant  to  the  election procedures
set  for th in   this  w age  order,  a  regular ly  scheduled  alternative  workw eek  schedule  of not   more  than  ten  (10)  hours  per  day  within  a  40 hour	 	workw eek without the payment  of an  overtime rate  of compensation. All work performed  in any wor kday b eyond the schedule established	 	by  the  agreement  up to   tw elve  (12)  hours  a  day  or  b eyond  40  hours  per  week   shall  be  paid  at one  and  one-half  (11
/2 )  times  the  employ ee?s	 	regular rate  of  pay. All  work  performed  in excess  of tw elve  (12)  hours  per day  and  any work  in  excess  of eight  (8) hours  on  those days	 	worked beyond the regular ly scheduled number  of wor kdays  established by the alternative workw eek agreement shall  be paid  at  dou ble	 	the  employ ee?s  regular  rate  of  pay.  Any  alternative  workweek  agreement  adopted  pursuant  to  this  section  shall  provide  f or 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  f or  another  day  of  the  same  length  in  the  shift  provided  by  the  alternative  workw eek  agreement  on an   occasional  basis  to  meet  the	 	personal  needs  of  the  employ ee  without  the  payment  of  over time. No   hours  paid  at  either  one  and  one-half  (1 1
/2 )  or  dou ble   the  regular  rate	 	of  pay  shall  be  included  in  determining  when  40  hours  have  been  work ed  for  the  purpose  of  computing  over time  compensation. 	(2)	If  an  employer,  whose  emplo yees   have  adopted  an  alternative  workw eek  agreement  permitted  by  this  order  requires  an
employ ee to   work  few er  hours  than  those  that  are  regular ly  scheduled  by  the  agreement,  the  employ er  shall  pay  the  employ ee  overtime 	
compensation at a rate  of one  and  one-half (1	1/2) times the employ ee?s regular rate  of pay f or all hours work ed in excess  of eight (8)  hours, 
and  double the employ ee?s regular rate of pa y for all hours work ed in excess of 12 hours for the day the employee is required to work the 	
reduced hours. 	(3)	An employ er shall  not reduce  an 	employ ee?s regular rate  of hou rly  pay  as a result  of the adoption, repeal  or nullification  of an
alternative workweek schedule.	 	(4)	An  employ er shall explore any av ailable  reasonab le alternative means  of accommodating the religious belief  or observance
of  an  affected employ ee that conflicts with  an adopted alternative workw eek schedule,  in the manner  provided by subdivision (j)  of Section	 	12940  of  the  Government  Code. 	(5)	An employ er shall  make a 	reasonab le ef fort  to find a work schedule  not to  exceed eight (8)  hours  in a wor kday,  in order  to
accommodate  any  affected  employ ee  who  was  eligib le to   vote  in an  election  authoriz ed  by  this  Section and  who  is una ble  to   work  the 	
alternative workweek schedule established  as the result  of that election. 	(6)	An   employ er  shall  be permitted,  b ut not   required,  to pr ovide  a  work  schedule  not to   exceed  eight  (8)  hours  in  a  wor kday  to
accommodate  any  employ ee  who is  hired  after  the  date  of  the  election  and  who is  unab le to   work  the  alternative  workw eek  schedule 
es tablished by the election. 	
(7)	Ar rangements adopted  in a secret ballot election held pursuant  to this order prior  to 1998,  or under the rules  in ef fect prior  to
1998,  and  before  the  performance  of  the  wor k,  shall  remain  valid  after  July  1, 2000  provided  that  the  results  of  the  election  are  reported  by	 	the  employ er to   the  Office of Policy, Research and Legislation  by  Jan uary 1,  2001,  in  accordance  with  the  requirements  of  Section  C  below	 	(Election Procedures).  If an  employ ee was voluntarily working  an alternative workw eek schedule  of not  more than ten (10) hours a day  as	 	of July  1,  1999, that alternative workw eek was  based  on an individual agreement made after Jan uary 1, 1998  between the employ ee and	 	employer, and  the  employ ee  submitted,  and  the  employ er appr oved,   a  written  request  on or  before  May  30,  2000  to  contin ue  the 
agreement,  the  employ ee  may  contin ue to  work  that  alternative  workweek  schedule  without  payment  of an   overtime  rate  of 
compensation  f or	
 the  hours provided  in  the  agreement.  An  employ ee  may  revoke  his  or her   voluntary  authorization  to  contin ue  such  a 
schedule  with  30  da ys	 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 employ er implemented a reduced rate f or 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 st raight  time  f or  the  same 
work  unit,  the  employ er  must  pay  a base  rate  to  each  affected  employ ee in  the  work  unit  that  is no  less  than  that  employ ee?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   employ ees in   the  healthcare
industry shall  be deemed  to have violated the daily overtime  provisions by instituting, pursuant  to the election procedures set for th in  this	 	wage order a regularly  scheduled alternative workw eek schedule that includes work da ys	 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   employ ee  who  wor ks  beyond  12  hours  in  a  wor kday  shall  be  compensated  at  doub le  the  employ ee?s  regular  rate  of
pay f or all hours  in excess  of (12); 	
(b)	An  employ ee who wor ks in  excess  of 40 hours  in a workw eek shall  be compensated  at one  and one- half (11
/2 ) times the
employ ee?s  regular  rate  of  pay  f or  all  hours  ov er 40  hours  in  the  workweek; 	
(c)	Any alternative workw eek agreement adopted pursuant  to this section shall  provide f or not  less than four (4) hours  of work	in any shift.	  section; (d)	The same over time standards 	shall apply 
to employ ees who are temporarily assigned  to a work unit covered by this	 su b-	
(e)	Any employ er who instituted 	an alternative workweek schedule pursuant  to this subsection shall  make a reasonab le	 effort	to find another work assignment f or any employ ee who participated  in a v alid  election prior  to  1998  pursuant  to the  provisions  of W age	 
Orders 4 and 5  and who is unab le to  work the alternative workw eek schedule established. 	
(f) 	An employ er engaged  in the  operation  of a licensed hospital  or in  pr oviding personnel f or the operation  of a 	licensed  hospital	who institutes, pursuant  to a v alid  order  of the Commission, a regular ly scheduled alternative workw eek that includes  no more than three (3)12-hour wor kdays, shall  make a reasonab le ef fort  to find another work assignment f or any employ ee who participated  in the vote which
authoriz ed the schedule  and is unab le to  work the  12-hour shifts.  An employ er shall  not be required  to of fer  a different work assignment  to
an  employ ee if  such  a  work  assignment  is not   availab le or  if   the  employ ee  was  hired  after  the  adoption  of  the  12 hour,  three  (3)  day
alterna tive workweek schedule.	
(9)	No  employ ee assigned  to wor	k 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 authoriz ed executive declares that:	 	(a)	A ?KHDOWKFDUH  HPHUJHQF\?  as  defined, exists  in this Order, and

? 5  (b)	All reasonab
le steps have  been ta ken  to  pr ovide required staffing,  and	(c)	Considering overall operational status needs, contin ued overtime is necessary  to pr ovide required staffing.	(10)	Pr ovided  further  that  no  employ ee  shall be  required  to  work  more  than  16  hours in  a  24-hour  period  unless  by  voluntary  mutual
agreement  of the employ ee and employer, and  no employee shall work more than  24 consecutive hours until said employ ee receives not	 	less  than  eight  (8)  consecutive  hours  off-duty  immediately  following  the  24  consecutive  hours  of  wor k. 	(11)	Notwithstanding subsection (B)(9)  above, an employ ee may be required  to work  up to  13  hours  in any  24-hour  period if the
employ ee  scheduled  to relieve the  subject  employ ee  does not report f or  duty  as  scheduled  and does  not  in form  the  employ er  more than 	
two (2) hours  in ad vance  of that scheduled shift that he/she will  not be  appearing f or duty  as scheduled.	 	(C) Election ProceduresElection procedures f or the adoption  and repeal  of alternative workw eek schedules require the f ollowing:	(1)	Each proposal f or an alternative workw eek schedule shall  be in  the form  of a written agreement proposed by the employer.	The  proposed agreement must designate a regular ly scheduled alternative workw eek in  which the specified number  of work da ys and work	 
hours  are  regular ly  recurring. The  actual  da ys  work ed  within  that  alternative  workw eek  schedule  need  not  be  specified. The  employ er  may 	propose a single work schedule that w ould become the standard schedule f or workers  in the work unit,  or a  menu  of work schedule options,	 	from  which  each  employ ee in  the  unit  would  be  entitled to  choose.  If  the  employ er  proposes  a  menu  of  work  schedule  options,  the  employ ee	 	may, with the approval of  the employer, move from one  menu option  to another. 	(2)	In  order  to be   valid,  the  proposed  alternative  workweek  schedule  must  be  adopted  in  a  secret  ballot  election,  before  the
per formance  of  wor k,  by  at  least  a  two-thirds  (2/3)  vote  of  the  affected  employ ees in   the  work  unit. The  election  shall  be  held during  
regular	
 working  hours  at  the  employ HHV?  work  site.  F or purposes  of  this  subsection,  ?DIfected  employ ees in   the  work  XQLW?  may  include  all 
employ ees in  a  readily  identifiab le  work  unit,  such  as  a  division,  a department,  a  job  classification,  a  shift,  a  separate  physical  location,  or  a 
recogniz ed subdivision  of any such work unit. A work unit may consist  of an individual employ ee as long  as the criteria f or an identifiab le 
work unit  in this  subsection  is  met. 	(3)	Pr ior  to the secret ballot v ote, any employer who proposed to institute an alternative workweek schedule shall have made a
disclosure  in  writing  to  the  affected  employ ees,  including  the  effects  of  the  proposed  arrangement  on  the  employ HHV?  wages,  hours,  and	 	benefits. Such a disclosure shall include meeting(s), duly noticed, held  at least fourteen (14) da ys pr ior to  voting, f or the specific  purpose	 	of  discussing  the  effects  of  the  alternative  workw eek  schedule.  An  employ er  shall  provide  that  disclosure  in  a  non-English  language,  as	 	well as in   English,  if at   least  five  (5)  percent  of  the  affected  employees  primar ily  speak  that  non-English  language. The  employ er  shall  mail	 	the written disclosure  to employ ees 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  workw eek  schedule  shall  be  held at  the  work  site  of  the  affected  employ ees.
The employ er  shall  bear  the  costs  of  conducting  any  election  held  pursuant  to  this  section. Upon a  complaint  by  an af fected employee,	 	and after  an investigation by the Labor Commissioner, the Labor Commissioner may require the employ er to  select a neutr al third  party to	 	conduct the election. 	(5)	Any  type  of  alternative  workweek  schedule  that  is  authoriz ed  by  the  Labor  Code  may  be  repealed  by  the affected  employ ees.
Upon a petition  of one-third (1/3)  of the  affected employ ees, 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  workw eek  schedule.  The  election  to  repeal  the  alternative  workw eek 
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  employ ees  voted  in an  election  held  to  adopt  or  repeal  an  alternative  workw eek 
schedule. However, where  an alternative workw eek schedule w as adopted betw een October 1, 1999 and October  1, 2000, a new secret 
ballot election  to repeal that alternative workw eek schedule shall  not be subject  to the  12-month interv al bet ween elections. The election 
shall  take
 place  during  regular  working  hours  at  the  employ HHV?work  site.  If  the  alternative  workweek  schedule  is  revoked,  the  employ er 
shall  comply within  60  days.  Upon  proper  showing  of  undue  hardship,  the  Division  of  Labor  Standards  Enforcement  may  grant  an 
extension  of  time  f or	 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  employ er to   the  Office  of  Policy,  Research  and  Legislation 
within	
 30  da ys after the results are final, and the report  of election results shall  be a public document. The report shall include the final tally 
of  the vot e,  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 workw eek schedule may not
be required  to work those new work hours	 for  at  least  30 da ys	 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 employ ees sh	 all be discharged  or discriminated against f or expressing opinions concerning the alternative workw eek 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 workw eek to  the  affected employ ees. A violation  of this subsection shall  be subject  to Labor Code section  98 et	 	seq. 	(D)	No  employ er  engaged  in  the  operation  of  a  hospital  or an  establishment  which  is an  institution  primar ily  engaged  in  the  care  of  the
si ck,  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  arriv ed  at   betw een  the  employ er  and  employ ee before  performance  of  wor k,  a  work  period of	 	14 consecutive da ys is  accepted  in lieu  of the workw eek of  sev en (7) consecutive da ys for  purposes  of overtime computation  and if, for any	 	employment  in  excess  of 80  hours  in  such  14  day  period,  the  employ ee  receives  compensation  at  a  rate  not  less  than  one  and  one-half	 	(11
/2 )  times  the  regular  rate  at  which  the  employ ee is  employed. 	(E) 	This section does  not apply  to organiz ed camp counselors who are  not employ ed more than  54	 hours	 and  not more than six (6) da ys
in   any  workw eek  except  under  the  conditions  set  for th bel ow. This  section  shall  also  not  apply  to  personal  attendants  as  defined  in  Section	 	2 (N),  nor to  resident managers  of homes f or the aged having less than eight (8) beds;  provided that persons employ ed in such occupations	 	shall  not be  employ ed  more  than  40  hours nor  more  than  six  (6)  da ys in   any  workweek,  except  under  the  following  conditions: 
In   the  case  of  emergency,  employees  may  be  employ ed in   excess  of  for ty  (40)  hours  or  six  (6)  da ys in   any  workweek  provided  the	 	employ ee is  compensated f or all  hours  in excess  of 40 hours  and days in  excess  of six (6) da ys in  the workw eek at  not less than  one and	 	one-half  (11
/2 )  times  the  employ ee?s  regular  rate  of  pay.  However,  regarding  organiz ed  camp  counselors,  in  case  of  emergency  they  may	 	be employ ed in excess  of 54 hours  or six (6) days,  provided that  they are compensated  at not less than one  and one-half  (11
/2 ) times the	 	employ ee?s  regular  rate  of  pay  f or  all  hours  work ed in  excess  of 54  hours  and  six  (6)  da ys in   the  workweek. 	(F)	One and one-half (1 1
/2 )  times a minor ?s regular rate  of pay shall  be paid f or all work ov er 40 hours  in any workw eek except minors
16  or 17  years old who are  not required by law  to attend school and may therefore  be employ ed for the same hours  as an  adult 
are subject  to subsection  (A), (B), (C),  or (D)  above. 
(VIOLATIONS  OF  CHILD  LABOR  LA WS are  subject  to  civil  penalties  of  from  $500 to  $10,000  as  well  as to   criminal  penalties. 	
Re fer  to  California  Labor Code sections 1285  to 1312  and 1390  to 1399 f or additional restrictions  on the employment  of minors	 	and  for  descriptions  of criminal  and civil penalties f or violation  of the child labor laws. Employers should ask school districts  about 
any required work  permits .)	 	(G)An employ ee may  be employ ed on  sev en (7) wor kdays  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 work day 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 .

?6 
securing 
hot food  and 
drink 
or for heating  food  or drink,  and  a  suitabl e sheltered  place  shall  be provided  in which  to consume  such 
fo od or
 
drink. 	
(I)	The  provisions  of this section are  not applicab le to  employ ees whose hours  of se rvice are regulated b y:(1)	The  United  States  Department  of  Tr ansportation  Code  of  Feder al  Regulations,  title  49,  sections  395.1  to  395.13,  Hours  of	
Service  of Driv ers,  or	 	
(2)	Title  13 of  the  Califor nia  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 am bulance  drivers  and  attendants  scheduled  f or 24   ho	 urs
shifts  of duty who have agreed  in writing  to exclude from  daily time work ed not more than three (3) meal  periods  of not more than one hour	 	each  and  a  regular ly  scheduled  uninterrupted  sleeping  period  of not   more  than  eight  (8)  hours.  The  employ er  shall  provide  adequate 
dormi tory  and  kitchen facilities f or employees  on such a schedule. (K)	The provisions  of Labor  Code Sections 551  and 552 regarding one (1)	  day?s rest  in sev en (7) shall not  be construed to pr ev ent  an
accumulation  of  da ys of   rest  when  the  nature  of  the  employment  reasonab ly  requires  the  employ ee to   work  sev en  (7)  or  more  consecutive	 	days;  provided, however, that  in each calendar month, the employ ee shall receive the equivalent of one (1) day ?s rest  in sev en (7). 	(L)	Except  as pr ovided  in  subsections  (F)  and  (K),  this  section  shall  not  apply  to  any  employ ee  covered  by  a  valid  collective  bargaining
agreement  if  the  agreement  expressly  provides  f or  the  wages,  hours  of  wor k,  and  working  conditions  of  the  employ ees,  and  if  the 
ag reement  provides premium w age rates for all overtime hours work ed and  a regular hourly  rate of pay f or those employ ees of  not less 
than  30
 percent  more  than  the  state  minim um  wage. 	(M)	Notwithstanding subsection (L)  above, where the employ er and a labor organization representing employees  of the employ er have
entered  into  a  valid  collective  bargaining  agreement  pertaining  to  the  hours  of  work  of  the  employ ees,  the  requirement  regarding  the 
equi val	
ent  of one  (1)  day ?s  rest  in  s	 even  (7)  (see  subsection  (K)  above)  shall  apply,	   unless  the  agreement  expressly  provides  otherwise. 	(N)	If an employ er appr o ves  a written request  of an employ ee to ma ke	  up work time that  is or  w ould  be  lost  as a result  of a personal
obligation  of  the  employee,  the  hours  of  that  make  up  work  time, if per f	 ormed in  the  same  workw eek in   which  the  work  time  w as  lost,  may	 	not  be counted t oward computing the total number  of hours work ed in  a day f or purposes  of the overtime requirements, except f or h	 ours in	 	excess  of 11 hours  of work  in o	 ne (1) day or 40  hours  of work  in one (1) workweek.  If an employ ee	  kn ows  in  ad vance that  he or  she will  be	 	requesting  make  up  time  f or  a  personal  obligation  that  will  recur  at  a  fixed   time  ov er  a  succession  of  w eek s,  the  employ ee  may  request  to	 	make up work time f or up  to four  (4) weeks  in ad	 vance; provided, however, that the  make	  up  work must  be performed  in the same w eek th	 at	 	the  work  time  was  lost.  An  employ ee  shall  provide  a  signed  written  request  f or  each  occasion  that  the  employ ee makes   a  request  to ma ke	 	up  work  time  pursuant  to  th is  Section. While an  employer  may  inform  an  employ ee of   th	 is ma ke  up  time  option,  the  employ er is   prohibited	 	from encouraging  or otherwise soliciting  an employee to request the employ er?s  appr o	 val  to  ta ke personal time off and  make up the work	 	hours within the same workw eek pursuant  to this Section.  
MINIMUM WAGES

$
 Every 	
employer  shall 	pay to each 	employee wage s	 not less than
	 the following:

 Any  employer  who employs  26 or more  employees  s	hall pay  to each  employee  wages not less  than  the following: D 
Ten  dollars  and fifty cents  ($10.50)  per hour  for all hours  worked,  effective  January 1, 2017; 
E  Eleven  dollars ($11.00)  per hour  for all hours worked,  effective January 1, 2018;
F	
  7ZHOYHGROODUVSHUKRXUIRUDOOKRXUVZRUNHGHIIHFWLYH-DQXDU\DQG
G  7KLUWHHQGROODUVSHUKRXUIRUDOOKRXUVZRUNHGHIIHFWLYH-DQXDU\ .
Any  employer  who employs  25 or fewer  employees  shall pay to each  employee  wages not less  than  the following: D 
Ten  dollars  ($10.00)  per hour  for all hours  worked,  effective  January 1, 2016  through  December  31, 2017; 
E  Ten dollars  and fifty cents  ($10.50)  per hour  for all hours worked,  effective January 1, 2018;  (c)
Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2019; and
(d) Twelve dollars ($12.00) per hour for all hours worked, effective January 1, 2020.  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  inoccupations in
which  th	
ey 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 employe r shall 	pay to each employee,  on	 the 	established payd	ay fo r	 the peri od	 invol	ved, not less than the applicabl e
minimu m	 wage fo r	 all hours worke d in the payroll pe	riod, whether the remu neration is measured by 	time, piece, commission, or otherwise. 

(C) When an employe e work s a split shift,  one	 hour?s pay at the minimu m 	wage shall be paid in addition to the minimu m wage for that
work d	
ay , 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 wor kday  an employ ee is required  to report f or work  and does  repor t, b ut  is  not  put  to  work  or is  fu rnished less than half	 said employe
e?s usual  or scheduled day?s work ,	
 the employe e shall be paid fo r half the usual  or scheduled day?s work ,	 but in no eve nt 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 minimu m wag	e. 

(B) If an employe e is required  t	o report fo r work a second time  in any one work day and is furnished less than two hours  of work on	  the
second reporting, said employ ee shall be paid f or 	two hours  at the employ ee?s	 regular rate  of pa y, which shall  not be less than the minim um 

w ag	
e.
  
 (C)

The foregoing reporting time pay  provisions are n	
ot applicable	 when:

(1)
 Operations cannot commence  or continue due to threats to  employee	s or property;  or when recommended by civil
authorities;  or

(2)
 Public utilities fail  to supply electricity, water,  o	
r ga	s, or there  i	s a failure  in 	the  p	ublic utilities,  or sewer system;  o	r

(3)
 The	 interruption  of work is caused by an Act  of God or other cause  not within the employe r?s control.
(CI) This 	
section shall  not apply  to an employe e 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 minim um wage. Such licenses shall  be gr anted only upon joint application  of employ er and employ ee and employ ee?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
minim um rates  to enab le the employment  of such persons without requir ing individual licenses  of such employ ees. 	
(C) All such licenses and special licenses shall  be renewed on a y early basis  or more frequently  at the discretion  of the Division. (See	Califor nia Labor Code, Sections 1191 and 1191.5.)  7.
RECORDS

(A) Every employe r shall keep accurate  information with respect  to each employe e including the following:

— 7  
(1)    Full  name,  home  address,  occupation  and  social  security  number.
(2)    Birth  date,  if  under  18  years,  and  designation  as  a  minor.
(3) 
Time  records  showing  when  the  employee  begins  and  ends  each  work  period.  Meal  periods,  split  shift  intervals  and  total  daily 
hours  worked  shall  also  be  recorded.  Meal  periods  during  which  operations  cease  and  authorized  rest  periods  need  not  be  recorded.   (4)  Total  wages  paid  each  payroll  period,  including  value  of  board,  lodging,  or  other  compensation  actually  furnished  to  the 
employee .
(5)
 
Total hours worke
d in the payroll period and applicabl e rates of pay. This  information shall  be made readily ava ilable to the
 
employe
e upon  reasonabl e 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 
employe es. An accurate  production  record  shall  be maintained  by  the  employer. 

(B)
 
Every  employe
r  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  employe e’s  wages, or s	eparately,  an itemize d statement  in writing  s	howing: (1)  all  deductions; (2) 
the
 
 inclusive dates  of the period fo r which the employe e is paid; (3) the name  of	  the employee or the employe e’s social security number;  and 
(4)
 
the name o f the employer, p rovided all deductions made o n written orders of the employee may be aggregated and s hown as one item. 

(C)
 
All  required  records  shall 
be in the  English  language  and  in ink  or other  indelibl e form , properl y dated,  s	
howing  month,  day 
and
 ye
ar,  and shall  be kept on file by the employe r for at least three years  at the place of employment  or at a centra l location within the State 
of
 
California. A n employee’s  records  shall  be available for inspection  by  the  employe e upon  reasonable request. 

(D)  Cloc ks shal l be pr ovided  in all major work areas  or within reasonable distance thereto insof ar as practicable.
 8.
CASH SHORTAGE AND BREAKA GE	
No employ er 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 sh own  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 employ er to  be worn by the employ ee as a condition  of employment, such  uniforms  shall	 be	provided and maintained by the employer. The  term  ―uni form‖  includes w earing 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 pr ovided and maintained by the employer, except that  an employee	 whose wages are at least two (2) times the minim um wage	 	provided  herein  may  be  required  to pr ovide  and  maintain  hand  tools  and  equipment  customar ily  required  by  the  tr ade or  craft. 
Notwith standing  any  other  provision  of  this  section,  employees  in  beauty  salons,  schools  of  beauty  culture  offering  beauty  care  to  the 
public  f or 	
a	 fee,  and  barber  shops  may  be  required  to fu rnish  their  o wn  manicure  implements,  curling  irons,  rollers,  clips,  haircutting 
scissors,  combs,	 blow ers, raz ors,  and  eyebrow tw eezers	. This subsection  (B) shall  not apply  to apprentices regular ly indentured under the 
State Division  of	 Apprenticeship   Standards.	 
NOTE:  This section shall  not apply  to  protective equipment  and sa fety devices  on tools regulated by the Occupational  Safety and	 	Health  Standards  Board. (C)	A  reasonab le  deposit  may  be  required  as  secur ity  for   the  return  of  the  items  furnished  by  the  employ er  under  provisions  of
subsec tions (A) and  (B) of  this section upon issuance  of a receipt  to the employ ee for such deposit. Such deposits shall  be made pursuant to 
Se	
ction	 400  and  following  of  the  Labor  Code  or an  employ er 	with  the  pr ior  written  authorization  of  the  employ ee  may  deduct  from  the 
employ ee’s	 last  check  the  cost  of an  item  fur	nished  pursuant  to  (A)  and  (B)  above  in  the  event  said  item  is not   retur ned. No   deduction  shall 
be  made  at	 any  time  f or normal  w ear  and  tear.  All  items  furnished  by  the  employ er  shall  be  returned  by  the  employ ee  upon  completion of 
t	
he  job.  10.
MEALS AND LODGING	
(A)	―Meal‖  means  an adequate, w ell-balanced  serving  of a variety  of wholesome, n utr	itious f oods.	(B) ―Lodging‖  means living accommodations availab le to  the employ ee for full-time occupancy which are adequate, decent, and	 sanitary
according  to usual  and customary standards. Employ ees shall  not be required  to share a bed.	
 	(C)	Meals  or lodging may  not be credited against the minim um wage without a voluntary written agreement betw een the employer 	 and
the employee. When credit f or meals  or lodging  is used  to meet  part of 	the employ er’s minim um wage obligation, the amounts  so credited	 	may  not be  more  than  the  following: 	
(D) Meals evaluated,  as part  of the minim um wag e, must  be bona fide meals consistent with the employ ee’s work shift. Deductions shall
not  be made f or meals  not receiv ed nor lodging  not used.	 	(E) If,  as a condition  of employment, the employ ee must  live at the place  of employment  or occupy  quarters owned  or under the control
of  the employer, then the employ er may  not charge rent  in excess  of the values listed herein.	  11.
MEAL PERIODS	
(A)	No employ er shall employ any person f or a work  period of 	more than  five (5) hours without a meal  period  of not  less than  30m
in
utes, except that when a work pe	 riod of not  more than six (6) 
 Room 
occupied alone  	
...........................................................
  $
51 .
73/
week  $	
61.13/
week  $	
56.43/
week 
Room  shared  ............................... ........................................   $	
 42.70/
week  $	
50.46/
week  $	
46.
58/
week 
Apartmen	
t  —  two  thirds  (2/3) of  the ordinary  rental value,  and in	
 no 
event more than   ................................................................. 
Where  a coupl	
e  are both	  employed  by	 the  employer,  two thirds (2/3)  
of the ordinary rental  value, and in no
  event more than  ..........
MEALS 
Breakfast  ........................................................................\
....   $3.
98  $	
 4.70
  $4.34 
Lunch	
  .................................................................................  $5.47 
$	
6.47  $5.97 
Dinner  ............................................................	
 ....................
  $7.
34  $	 8.68   $	 8.01 
$621.28/
month
  $919.02/
month $677.75/
month
$1086.07/ month
$734.
21/
month
$1002.56/month 
$1002.56/
month
$677.75/
month
$46.58/
week
$56.43/
week
LODGING
  J	

ANUARY 1, 2017
 
26 or More 25 or Fewer  Employees Employees 
EFFECTIVE:
For	

  an  employer  who employs: $
49.38/
week 
$ 4	

0.76/
week 
$3.80  
$ 5.22  
$	

7
.09  
$593.05
/
month
month	
 
$877.2
7/$
47.03/
week 
$	

38.82/ week 
$

3.62  
$4.97  
$

6.68  
$564.81
/
month
month 
$	

835.49 /$	
51.73/
week 
$	
42.70/ week 
$	
3.98  
$
5.47  
$

7.35  
$621
.29/
month
month
 
$919.0
4/$49.38/
week 
$	

40.76/ week 
$

3.80  
$

5
.22  
$7.01 
$	
593.05/
month
month 
$	
877.2 6/ $4.34
$5.97 $8.01
J
ANUARY 1, 2018
 
26 or More

 25 or Fewer 
Employees Employees  J
ANUARY
 1, 2019  
2	
6 or More 25 or	
  Fewer 
Employees  Employees  J
ANUARY	
  1, 2020
 
2	

6 or More 25 or Fewer 
E

mployees  Employees

? 8  hours  will  complete  the  day’s  work  the  meal  period  may  be  waived  by  mutual  consent  of  the  employer  and  employee. 
Unless  the  employee  is 
relieved of all duty during a 30 minute meal period, the meal period shall  be considered  an ?RQ  GXW\? meal  period and counted  as time  worke d. 
An  ?RQ  GXW\?  meal  period  shall  be permitted  only  when  the  nature  of
 
the  work  prevents  an  employe e  from  being  relieve d of  all  duty  and 
when  by  written  agreement  between  the  parties  an on-the-j ob paid  meal
 
 period is agreed  to.  The  written  agreement  shall  state  that  the 
employe e may, in writing,  revoke  the  agreement  at any time. 

(B) 
 If an  employe r  fails to provide  an  employe e  a  meal period in  accordance  with  the  applicabl e provisions  of  this  Order,  the 
employe r shall  pay  the  employe e one  (1)  hour of pay  at the  employe e?s  regular  rate  of compensation  fo r 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,  employe es in  the  health  care  industry  who  work  shifts  in  excess of  eight  (8) 
total  hours  in a  work day  may  voluntarily  wa ive  their  right to one  of their  two  meal  periods. In order  to be  valid,  any  such  wa iver 
must  be documented  in a  written  agreement  that  is voluntari ly signed  by  both  the  employe e and  the  employer.  The  employe e may 
revoke  the wa iver at
 
 any time by  providing the employe r	
 at least one day?s written notice. The employe e shall be fully compensated fo r all 
working time, including
  
any on-the-job  meal  period,  while  such  a  wa iver is in effect. 

(E) 
 Employees  with  direct  responsibility  fo r 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 employe es of 24  hour residential care facilities fo r	
 the elderly,
 

blind  or developmentally  disabled  individuals  may  be required  to work  on-duty  meal  periods  without  penalty  when  necessary  to meet 
regula tory or approve d program	
 standards a nd one of the fo llowing two conditions i s	 met: 

(1) 
 (a) The residential care employees eats with  residents during UHVLGHQWV?  meals and the employe r	 provides the same meal  at 
no charge  to the  employe e; or 	
(b) The employ ee is  in  sole 	charge  of the resident(s)  and, on  the day shift, the employ er pr ovides a meal  at no charge  to the	employee. 	(2)	An   employee,  except  f or  the  night  shift,  may  exercise  the  right  to  have  an  off-duty  meal  period  upon  30  da\V? notice  to  the
em ploy er  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	 w eek s.  12.
REST PERIODS
(A) Every employer shall authorize  and permit al l employ ees to  take rest  periods, which insofar as practicable shall be in  the middle of  each wo rk	period .  Th e authorized rest  perio d time shall be based on  the total hours worked daily at  the r ate of  ten (10)  minutes  net rest time  per fou r (4 ) hours	 	or major fraction thereof .  However, a rest peri	 od need not  be 	authoriz ed for employ ees 	 whose total daily work time  is less than three  and one-
half 	(3 1
/2) hours. Authoriz ed rest  period time shall  be counted, as hours work ed, for  which there shall  be no  deduction from wages.(B)	If an  employ er  fails  to pr o	 vide an  employ ee  a  rest  period in  accordance  with  the  appl