Miscellaneous Employees #17

California IWC Wage Order No. 17 – Miscellaneous Employees Poster

California IWC Wage Order No. 17 regulates wages, hours, and working conditions for Miscellaneous Employees who fall within the order's applicability provisions. Wage Order No. 17 was created as a catch-all order for industries or occupations not previously covered by California's other Industrial Welfare Commission Wage Orders.

Employers should carefully determine which California Wage Order applies to their employees before selecting Wage Order No. 17. In most cases, an employee will be covered by one of California's industry- or occupation-specific Wage Orders.

What Is California IWC Wage Order No. 17?

IWC Wage Order No. 17-2001 regulates wages, hours, and working conditions for Miscellaneous Employees.

The order generally applies to industries or occupations not previously covered by the Industrial Welfare Commission's other Wage Orders and to employees who are not otherwise specifically exempted by an applicable Wage Order or by law.

Why Was Wage Order 17 Created?

Wage Order No. 17 was developed as a catch-all Wage Order to address employees who otherwise might not fall within one of California's established industry or occupation Wage Orders.

California's Wage Order system includes orders covering industries and occupations such as manufacturing, personal services, food processing, professional and clerical occupations, public housekeeping, laundry and dry cleaning, retail and mercantile businesses, transportation, agriculture, construction, household occupations, and other specific areas.

Wage Order No. 17 provides coverage when an employee falls within its applicability provisions but is not covered by one of those other orders.

Who Is Covered by Wage Order 17?

Wage Order No. 17 states that it applies to an industry or occupation not previously covered by the Commission's Wage Orders in effect in 1997 and to employees not specifically exempted by those orders or otherwise exempted by law.

Because the other California Wage Orders cover a very broad range of industries and occupations, employers should not automatically select Wage Order No. 17 simply because they are uncertain which Wage Order applies.

Are There Specific Jobs Classified Under Wage Order 17?

California's Division of Labor Standards Enforcement has stated that it has not identified any occupations that currently meet the definition of “miscellaneous employees” under Wage Order No. 17-2001.

For that reason, employers should first review California's other industry and occupation Wage Orders before concluding that Wage Order No. 17 applies.

Is Wage Order 17 the Default California Wage Order?

Not automatically. Wage Order No. 17 functions as a catch-all order, but an employer should first determine whether the employee is covered by another applicable California Wage Order.

The correct Wage Order can depend on:

• The employer's industry
• The nature of the business
• The employee's occupation
• The work the employee actually performs
• Whether an industry-specific Wage Order applies
• Whether an occupation-based Wage Order applies
• Whether an exemption or exclusion applies

What Workplace Rules Does Wage Order 17 Cover?

California IWC Wage Order No. 17 addresses wage-and-hour and working-condition requirements for employees within its coverage, including:

• Hours and days of work
• Overtime compensation
• Alternative workweek schedules
• Minimum wages
• Reporting time pay
• Split shifts
• Payroll and employment records
• Cash shortages and breakage
• Uniforms and equipment
• Meals and lodging
• Meal periods
• Rest periods
• Seats
• Temperature
• Exempt employee classifications
• Other working conditions addressed by the order

California Minimum Wage and Wage Order 17

California's statewide minimum wage is updated separately from Wage Order No. 17. Employers should therefore use the current California Minimum Wage notice together with the applicable IWC Wage Order.

The current Wage Order No. 17 expressly directs employers to the applicable California Minimum Wage Order for the mandatory minimum wage and meal and lodging credit amounts.

Employers should also determine whether a city, county, industry-specific, or other law establishes a higher minimum wage for employees working at a particular location.

Overtime Under IWC Wage Order 17

Wage Order No. 17 contains California overtime requirements for covered nonexempt employees.

Generally, covered employees may be entitled to overtime compensation at one and one-half times their regular rate of pay for applicable hours worked over eight hours in a workday, over 40 hours in a workweek, and for the first eight hours worked on the seventh consecutive day of work in a workweek.

Applicable hours worked over 12 in a workday and over eight hours on the seventh consecutive day can require double-time compensation.

Alternative Workweek Schedules

Wage Order No. 17 contains provisions allowing qualifying employees to work an alternative workweek schedule when California's applicable election, scheduling, and other requirements are satisfied.

Employers considering an alternative workweek should review the complete Wage Order and applicable California requirements before implementing the schedule.

Meal Period Requirements

Wage Order No. 17 contains meal period requirements for covered employees. In general, covered employees may not be employed for a work period of more than five hours without receiving a meal period, subject to applicable exceptions and waiver provisions.

A second meal period may also be required when an employee works more than 10 hours in a workday, subject to applicable California requirements.

Rest Period Requirements

Covered nonexempt employees are generally entitled to authorized and permitted rest periods based on the total hours worked, subject to Wage Order No. 17 and applicable California law.

Employers should ensure that employees receive applicable rest periods and that workplace policies accurately reflect current California requirements.

Reporting Time Pay

Wage Order No. 17 contains reporting time pay requirements that can apply when an employee reports for a scheduled workday but is provided less than the required amount of work.

Employers should review the applicable requirements when scheduling employees, changing shifts, calling employees back to work, or sending employees home early.

Split Shift Requirements

A split shift is a work schedule interrupted by unpaid, non-working periods established by the employer other than bona fide meal or rest periods.

Wage Order No. 17 contains requirements concerning additional compensation for split shifts in applicable circumstances.

Uniforms, Tools and Equipment

Wage Order No. 17 contains requirements concerning uniforms, tools, and equipment required for work.

When an employer requires an employee to wear a uniform as a condition of employment, applicable California requirements generally place responsibility for providing and maintaining the uniform on the employer.

The Wage Order also addresses employer responsibilities involving tools and equipment required or necessary for employees to perform their work.

Suitable Seating

Wage Order No. 17 contains requirements concerning suitable seating.

When the nature of an employee's work reasonably permits the use of a seat, suitable seats must be provided. When the nature of the work requires standing, appropriate seating generally must be placed in reasonable proximity to the work area for employees to use when performing their duties does not require standing.

Does Wage Order 17 Apply to Exempt Employees?

Wage Order No. 17 contains exemptions from certain sections for employees who satisfy California's requirements for executive, administrative, or professional exemptions.

Whether an employee qualifies as exempt depends on actual job duties, compensation, and other applicable legal requirements. A job title or salaried status alone does not establish an exemption.

Where Must IWC Wage Order 17 Be Posted?

California requires applicable IWC Wage Orders to be posted in an area frequented by employees where they can be easily read during the workday.

Appropriate locations may include:

• Employee break rooms
• Employee bulletin boards
• Employee entrances
• Time-clock areas
• Human Resources areas
• Other conspicuous employee locations

Is California IWC Wage Order No. 17 Required?

Wage Order No. 17 should be posted when it is the Wage Order applicable to the employer's employees. However, employers should first determine whether another California industry or occupation Wage Order more specifically covers their employees.

California requires employers to post the applicable IWC Wage Order where employees can easily read it during the workday.

How Do I Know Which California Wage Order Applies?

California maintains 17 industry and occupation Wage Orders. Most employers and employees fall under one of the more specific Wage Orders rather than Wage Order No. 17.

Employers should review their industry, business operations, employee occupations, and the work employees actually perform when determining the correct Wage Order.

Wage Order No. 17 should not be selected merely because the employer is unsure which Wage Order applies.

IWC Wage Order No. 17 Poster Specifications

• 18"W x 24"H
• Portrait orientation
• Printed in full color
• Laminated with high-quality laminate
• Available in English and Spanish
• California Miscellaneous Employees Wage Order

California Labor Law and Compliance Resources

Labor Law Compliance Center provides employers with California labor law posters, IWC Wage Orders, city and local workplace notices, specialty postings, and compliance resources throughout the United States. Browse our California IWC Wage Orders or visit our California Labor Law Posters page for additional California workplace posting requirements and compliance products.