OFFICIAL NOTICE

INDUSTRIAL WELFARE COMMISSION

ORDER NO. 15-2001
REGULATING
WAGES, HOURS AND WORKING CONDITIONS IN THE

HOUSEHOLD OCCUPATIONS
Effective January 1, 2002 as amended

Sections 4(A) and 10(C) amended and republished by the Department of Industrial
Relations, effective January 1, 2024, pursuant to SB 3, Chapter 4, Statutes of 2016 and
section 1182.13 of the Labor Code

This Order Must Be Posted Where Employees Can Read It Easily

Visit www.dir.ca.gov

IWC FORM 1115 (Rev. 11/2023)

OSP 06 98773
 INDUSTRIAL WELFARE COMMISSION
ORDER NO. 15-2001
REGULATING
WAGES, HOURS AND WORKING CONDITIONS IN THE

HOUSEHOLD OCCUPATIONS
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 household occupations whether paid on a time, piece rate, commission, or
other basis, unless such occupation is performed for an industry covered by an industry order of this Commission, except that:
(A) Provisions of Sections 3 through 12 of this order shall not apply to persons employed in administrative, executive, or pro-
fessional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify
for an exemption from those sections:
(1) Executive Exemption A person employed in an executive capacity means any employee:
(a) Whose duties and responsibilities involve the management of the enterprise in which he/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 workweek 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/hers employer’s customers; or
(ii) The performance of functions in the administration of a school system, or educational establishment or institu-
tion, or of a department or subdivision thereof, in work 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.

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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 workweek must,
first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic
expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this
requirement.
(g) Such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage
for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.
(3) Professional Exemption A person employed in a professional capacity means any employee who meets all of the fol-
lowing requirements:
(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or
(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes
of this subsection, ”learned or artistic profession” means an employee who is primarily engaged in the performance of:
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a pro-
longed course of specialized intellectual instruction and study, as distinguished from a general academic education and from an
apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part
of or necessarily incident to any of the above work; or
(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work
which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which de-
pends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to
any of the above work; and
(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual,
mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized
in relation to a given period of time.
(c) Who customarily and regularly exercises discretion and independent judgment in the performance of duties set
forth in subparagraphs (a) and (b).
(d) Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time
employment.
(e) Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as
they existed as of the date of this 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 subparagraph 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(A)(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 deter-
mine 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 hardware for computer operating systems.
(iii) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized
information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the
applicability of this exemption.
(iv) The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Office of Policy, Research
and Legislation shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an

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 amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. 1
(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply:
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoreti-
cal and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
(ii) The employee is in a computer-related occupation but has not attained the level of skill and expertise neces-
sary to work independently and without close supervision.
(iii) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of
computer hardware and related equipment.
(iv) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon
or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software,
including CAD/CAM, but who is not in a computer systems analysis or programming occupation.
(v) The employee is a writer engaged in writing material, including box labels, product descriptions, documenta-
tion, promotional material, setup and installation instructions, and other similar written information, either for print or for on screen
media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related
media such as the World Wide Web or CD-ROMs.
(vi) The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating
imagery for effects used in the motion picture, television, or theatrical industry.
(B) Except as provided in Sections 1, 2, 4, 10, and 15, the provisions of this order shall not apply to personal attendants. The
provisions of this order shall not apply to any person under the age of 18 who is employed as a baby sitter for a minor child of the
employer in the employer’s home.
(C) The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the
employer.
(D) The provisions of this order shall not apply to any individual participating in a national service program, such as Ameri-
Corps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365,
amending Labor Code Section 1171.)
2. DEFINITIONS
(A) An “alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than
eight (8) hours in a 24-hour period.
(B) “Commission” means the Industrial Welfare Commission of the State of California.
(C) “Division” means the Division of Labor Standards Enforcement of the State of California.
(D) “Emergency” means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.
(E) “Employ” means to engage, suffer, or permit to work.
(F) “Employee” means any person employed by an employer.
(G) ”Employer” means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or
any other person, employs or exercises control over the wages, hours, or working conditions of any person.
(H) “Hours worked” means the time during which an employee is subject to the control of an employer, and includes all the
time the employee is suffered or permitted to work, whether or not required to do so.
(I) “Household Occupations” means all services related to the care of persons or maintenance of a private household or its
premises by an employee of a private householder. Said occupations shall include but not be limited to the following: butlers, chauffeurs,
companions, cooks, day workers, gardeners, graduate nurses, grooms, house cleaners, housekeepers, maids, practical nurses,
tutors, valets, and other similar occupations.
(J) “Personal attendant” includes baby sitters and means any person employed by a private householder or by any third party
employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child or person who by
reason of advanced age, physical disability, or mental deficiency needs supervision. The status of “personal attendant” shall apply
when no significant amount of work other than the foregoing is required.
(K) “Minor” means, for the purpose of this order, any person under the age of 18 years.
(L) “Primarily” as used in Section 1, Applicability, means more than one-half the employee’s work time.
(M) “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time.
(N) “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.
(O) “Teaching” means, for the purpose of Section 1 of this Order, the profession of teaching under a certificate from the
Commission for Teacher Preparation and Licensing or teaching in an accredited college or university.
(P) “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or
ascertained by the standard of time, task, piece, commission basis, or other method of calculation.
(Q) “Workday” and “day” mean any consecutive 24-hour period beginning at the same time each calendar day.
(R) “Workweek” and “week” mean any seven (7) consecutive days, starting with the same calendar day each week. ”Workweek” is
a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.

3. HOURS AND DAYS OF WORK

(A) A LIVE-IN employee shall have at least 12 consecutive hours free of duty during each workday of 24 hours, and the total

1
Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of the Director - Research, Department of Industrial Relations,
has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77 effective January 1, 2007. This hourly rate of
pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at
https://www.dir.ca.gov/oprl/ComputerSoftware.htm or by mail from the Department of Industrial Relations.
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span of hours for a day of work shall be no more than 12 hours, except under the following conditions:
(1) The employee shall have at least three (3) hours free of duty during the 12 hours span of work. Such off-duty hours
need not be consecutive, and the schedule for same shall be set by mutual agreement of employer and employee, provided that
(2) An employee who is required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-
duty hours shall be compensated at the rate of one and one-half (11/2) times the employee’s regular rate of pay for all such
hours worked.
(B) No LIVE-IN employee shall be required to work more than five (5) days in any one workweek without a day
off of not less than 24 consecutive hours except in an emergency as defined in subsection 2(D), provided thatthe
employee is compensated for time worked in excess of five (5) workdays in any workweek at one and one-half (11/2)
times the employee’s regular rate of pay for hours worked up to and including nine (9) hours. Time worked in excess of nine
(9) hours on the sixth (6th) and seventh (7th) workdays shall be compensated at double the employee’s regular rate of pay.
(C) The following overtime provisions are applicable to non-LIVE-IN 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 (11/2) 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:
(1) 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 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
(2) 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.
(3) 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.
(D) One and one-half (11/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except
minors 16 and 17 years old who are not required by law to attend school and may therefore be employed for the same hours as
an adult are subject to subsections (A) and (B) or (C) above.
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal
penalties. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of
minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school districts
about any required work permits.)
(E) An employee may be employed on seven (7) workdays in one workweek with no overtime pay required when the total
hours of employment during such workweek do not exceed 30 and the total hours of employment in any one workday thereof do
not exceed six (6).
(F) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to
prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7)
or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1)
day’s rest in seven (7).
(G) Except as provided in subsections (D) and (F), this section shall not apply to any employee covered by a valid collective
bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees,
and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those
employees of not less than 30 percent more than the state minimum wage.
(H) Notwithstanding subsection (G) above, where the employer and a labor organization representing employees of the em-
ployer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement
regarding the equivalent of one (1) day’s rest in seven (7) (see subsection (F) above) shall apply, unless the agreement expressly
provides otherwise.
(I) If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a
personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work
time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime
requirements, except for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee
knows in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession
of weeks, the employee may request to make up work time for up to four (4) weeks in advance; provided, however, that the makeup
work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each
occasion that the employee makes a request to make up work time pursuant to this subsection. While an employer may inform an
employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request
the employer’s approval to take personal time off and make up the work hours within the same workweek pursuant to this
subsection.
4. MINIMUM WAGES
(A)Every employer shall pay to each employee wages not less than the following:
(1) All employers, regardless of the number of employees, shall pay to each employee:
(a) Sixteen dollars ($16) per hour for all hours worked, effective January 1, 2024, and
(b) Fifteen dollars and fifty cents ($15.50) per hour for all hours worked, effective January 1, 2023.
(2) Prior to January 1, 2023, any employer who employs 26 or more employees shall pay to each employee wages
not less than the following:
(a) Fifteen dollars ($15.00) per hour for all hours worked, effective January 1, 2022, and
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 (b) Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2021.
(3) Prior to January 1, 2023, any employer who employs 25 or fewer employees shall pay to each employee wages not
less than the following:
(a) Fourteen dollars ($14.00) per hour for all hours worked, effective January 1, 2022, and
(b) Thirteen dollars ($13.00) per hour for all hours worked, effective January 1, 2021.
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are treated
as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations in which
they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the
nearest nickel.
(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the
applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece,
commission, or otherwise.
(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum
wage for that workday, except when the employee resides at the place of employment.
(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship
Standards.
5. REPORTING TIME PAY
(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than
half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but
in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less
than the minimum wage.
(B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of
work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not
be less than the minimum wage.
(C) The foregoing reporting time pay provisions are not applicable when:
(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil
authorities; or
(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or
(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other
than the employee’s scheduled reporting time.
6. LICENSES FOR DISABLED WORKERS
(A) A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical
disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of
employer and employee and employee’s representative if any.
(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing
special minimum rates to enable the employment of such persons without requiring individual licenses of such employees.
(C) All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the
Division.
(See California Labor Code, Sections 1191 and 1191.5)
7. RECORDS
(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and
total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not
be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to
the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to
the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be
provided to employees. An accurate production record shall be maintained by the employer.
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable
part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1) all
deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee’s
social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be
aggregated and shown as one item.
(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day
and year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location within
the State of California. An employee’s records shall be available for inspection by the employee upon reasonable request.
(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as practicable.
8. CASH SHORTAGE AND BREAKAGE
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage,
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 breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act,
or by the gross negligence of the employee.
9. UNIFORMS AND EQUIPMENT
(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms
shall be provided and maintained by the employer. The term ”uniform” includes wearing apparel and accessories of distinctive
design or color.
NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.
(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment
shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum
wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft.
This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.
NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety
and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of
subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made
pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may
deduct from the employee’s last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not
returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned
by the employee upon completion of the job.
10. MEALS AND LODGING
(A) “Meal” means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.
(B) “Lodging” means living accommodations available to the employee for full-time occupancy which are adequate, decent,
and sanitary according to usual and customary standards. Employees shall not be required to share a bed.
(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the
employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation,
the amounts so credited may not be more than the following:
EFFECTIVE: JANUARY 1, 2021 JANUARY 1, 2022 JANUARY 1, JANUARY 1,
2023 2024
For an employer who employs: 26 or 25 or Fewer 26 or 25 or All Employers All Employers
More Employees Employees More Employees Fewer regardless of regardless of
Employees number of number of
Employees Employees
LODGING
Room occupied alone $65.83 $61.13 $70.53 $65.83 $72.88 $75.23
/week /week /week /week /week /week

Room shared $54.34 $50.46 $58.22 $54.34 $60.16 $62.10

/week /week /week /week /week /week

Apartment — two thirds (2/3) of the ordinary $790.67 $734.21 $847.12 $790.67 $875.33 $903.60
rental value, and in no event more than: /month /month /month /month /month /month

Where a couple are both employed by the $1,169.59 $1,086.07 $1,253.10 $1,169.59 $1,294.83 $1,336.65
employer, two thirds (2/3) of the ordinary /month /month /month /month /month /month
rental value, and in no event more than:
MEALS
Breakfast $5.06 $4.70 $5.42 $5.06 $5.60 $5.78
Lunch $6.97 $6.47 $7.47 $6.97 $7.72 $7.97
Dinner $9.35 $8.68 $10.02 $9.35 $10.35 $10.68

(D) Meals evaluated as part of the minimum wage must be bona fide meals consistent with the employee’s work shift.
Deductions shall not be made for meals not received or lodging not used.
(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under
the control of the employer, then the employer may not charge rent in excess of the values listed herein.
11. MEAL PERIODS
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than
30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be
waived by mutual consent of the employer and the employee.
(B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the
employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours,
the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not
waived.
(C) Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ”on duty”
meal period and counted as time worked. An ”on duty” meal period shall be permitted only when the nature of the work prevents
an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is
agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
(D) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the
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employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the
meal period is not provided.

12. REST PERIODS

(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the
middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10)
minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose
total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for
which there shall be no deduction from wages.
(B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the
employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest
period is not provided.
13. CHANGE ROOMS AND RESTING FACILITIES
(A) Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during
working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of
clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable
privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean.
NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health
Standards Board.
(B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees
during work hours.
14. SEATS
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of
seats.
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing,
an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted
to use such seats when it does not interfere with the performance of their duties.
15. PENALTIES
(See California Labor Code, Section 1199)
(A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer
who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:
(1) Initial Violation — $50.00 for each underpaid employee for each pay period during which the employee was underpaid
in addition to the amount which is sufficient to recover unpaid wages.
(2) Subsequent Violations — $100.00 for each underpaid employee for each pay period during which the employee was
underpaid in addition to an amount which is sufficient to recover unpaid wages.
(3) The affected employee shall receive payment of all wages recovered.
(B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1 for non-payment of
wages for overtime work in violation of this order.
16. ELEVATORS
Adequate elevator, escalator or similar service consistent with industry-wide standards for the nature of the process and the
work performed shall be provided when employees are employed four floors or more above or below ground level.
17. EXEMPTIONS
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7,
Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; or Section 16, Elevators,
would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption
may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reason-
able notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s
representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the ap-
plication is filed with the Division.

18. FILING REPORTS

(See California Labor Code, Section 1174(a))
19. INSPECTION
(See California Labor Code, Section 1174)
20. SEPARABILITY
If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion
of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall
not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not
been included herein.
21. POSTING OF ORDER
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 Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during
the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order
and make it available to every employee upon request.

QUESTIONS ABOUT ENFORCEMENT of the SUMMARIES IN OTHER LANGUAGES

Industrial Welfare Commission orders and reports of
violations should be directed to the Labor Commissioner's
Office. A listing of offices is on the back of this wage order.
For the address and telephone number of the office nearest
you, information can be found on the internet at RESUMEN EN OTROS IDIOMAS
http://www.dir.ca.gov/DLSE/dlse.html or under a search for
"California Labor Commissioner's Office" on the internet or
any other directory. The Labor Commissioner has offices in
the following cities: Bakersfield, El Centro, Fresno, Long
Beach, Los Angeles, Oakland, Redding, Sacramento,
Salinas, San Bernardino, San Diego, San Francisco, San
Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton,
Van Nuys.

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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 REDDING SAN JOSE

Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE
7718 Meany Ave. 250 Hemsted Drive, 2nd Floor, Suite A 224 Airport Parkway, Suite 300
Bakersfield, CA 93308 Redding, CA 96002 San Jose, CA 95110
661-587-3060 530-225-2655 408-277-1266

EL CENTRO SACRAMENTO SANTA ANA

Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE
1550 W. Main St. 2031 Howe Ave, Suite 100 2 MacArthur Place Suite 800
El Centro, CA 92243 Sacramento, CA 95825 Santa Ana, CA 92707
760-353-0607 916-263-1811 714-558-4910

FRESNO SALINAS SANTA BARBARA

Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE Labor Commissioner's Offfice/DLSE
770 E. Shaw Ave., Suite 222 950 E. Blanco Rd., Suite 204 411 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 Labor Commissioner's Office/DLSE SANTA ROSA
1500 Hughes Way, Suite C-202 464 West 4th Street, Room 348 Labor Commissioner's Offfice/DLSE
Long Beach, CA 90810 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 3021 Reynolds Ranch Parkway, Suite 160
213-620-6330 619-220-5451 Lodi, California 95240
209-948-7771

OAKLAND SAN FRANCISCO

Labor Commissioner's Office/DLSE Labor Commissioner's Office/DLSE VAN NUYS
1515 Clay Street, Room 801 455 Golden Gate Ave. 10th Floor 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 Prevailing Wage Hotline (415) 703-4774
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

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