I’m new to human
resources. How can I determine which Wage Order applies to our company and
where I am supposed to post it?
– Allison in
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
Here’s a quick primer on
Wage Orders. In all, there are 17 Wage Orders, plus a general Minimum Wage
Order (MW-2007) that applies to all employers. The Wage Orders contain rules
and regulations issued by the Industrial Welfare Commission to establish
minimum standards for
employees on wages, hours, and working conditions. It is important to identify
which Wage Order (or Orders) covers your employees because the Orders differ in
many respects.
If your business is
covered by an industry Wage Order, that Order’s provisions apply to all of your
employees. If none of the industry Wage Orders deal with your industry, you
have to examine your employees’ occupations to determine which occupational Wage
Order applies. More than one occupation Order may be appropriate. If none of
the industry or occupation Wage Orders apply, your employees will be covered by
occupational Wage Order 17 for “Miscellaneous Employees,” which is essentially
a catchall. Keep in mind that none of the industry or occupational Wage Orders
apply to employees who work for government agencies or who qualify for the white-collar
or outside salesperson exemptions.
If you have questions
about which Wage Order applies, contact the California Division of Labor Standards
Enforcement (DLSE). Local office contact numbers are available online at www.dir.ca.gov/dlse/DLSE-ContactUs.htm. The
DLSE has a helpful publication, available at www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF,
to assist employers with identifying their correct Wage Order. Also, you can
download your Wage Order at www.dir.ca.gov/iwc/wageorderindustries.htm.
The applicable Wage
Order(s) must be posted in an area frequented by employees and where it may be
easily read during the workday. If the work location or other conditions make
posting impractical, you must keep a copy of the Wage Order and make it
available to employees on request.
Now, a list of the 17
Wage Orders:
Industry Wage Orders
PreservingIndustry
Order 6
Cleaning, and Dyeing Industry
Order 8
Order 11
Order 12
Order 13
Industry
Occupation Wage Orders
Clerical, Mechanical, and Similar Occupations
Order 14
Order 15
Order 16
On-Site Occupations in the Construction, Drilling, Logging, and Mining
Industries
Order 17
Employees