Description
California IWC Wage Order No. 4 – Professional, Technical, Clerical & Mechanical Occupations
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 4 – Professional, Technical, Clerical, Mechanical and Similar Occupations Poster. This 18 x 24-inch notice explains important wage, hour, overtime, meal period, rest period, and working-condition requirements for employees covered by California Industrial Welfare Commission Wage Order No. 4.
California employers must determine which Industrial Welfare Commission Wage Order applies to their employees and post the applicable order in an area frequented by employees where it can be easily read during the workday.
What Is California IWC Wage Order No. 4?
IWC Wage Order No. 4-2001 regulates wages, hours, and working conditions for employees in professional, technical, clerical, mechanical, and similar occupations.
Unlike many California Wage Orders that are based primarily on the employer's industry, Wage Order No. 4 is an occupation-based Wage Order. It can therefore apply to covered occupations working for employers in many different industries.
Who Is Covered by IWC Wage Order 4?
Wage Order No. 4 applies to employees in professional, semiprofessional, managerial, supervisorial, laboratory, research, technical, clerical, office, mechanical, and similar occupations, subject to applicable exemptions and exclusions.
Occupations specifically identified by California include:
- Accountants and bookkeepers
- Agents and appraisers
- Artists
- Audio-visual technicians
- Cashiers and checkers
- Clerks
- Collectors
- Communications and sound technicians
- Computer programmers and operators
- Dispatchers
- Drafters
- Editors and copy writers
- Estimators
- Graphic arts technicians
- Guards
- Inspectors and installers
- Instructors
- Interviewers and investigators
- Librarians
- Laboratory workers
- Machine operators
- Mechanics
- Medical and dental technicians and technologists
- Nurses
- Photographers
- Printers and proofreaders
- Salespersons and sales agents
- Secretaries
- Social workers
- Statisticians
- Teachers
- Telephone and communications operators
- Tellers
- Typists
- Vehicle operators
- X-ray technicians
- Other related professional, technical, clerical, mechanical, and similar occupations
What Types of Workplaces May Use Wage Order 4?
Because Wage Order No. 4 is occupation-based, covered employees may work in many different types of organizations.
Depending on the employer's industry and employee duties, Wage Order No. 4 may be relevant to employees working in:
- Professional offices
- Accounting and financial offices
- Technology companies
- Medical and dental offices
- Laboratories
- Engineering and technical businesses
- Administrative offices
- Educational organizations
- Publishing and graphic arts businesses
- Sales organizations
- Service businesses
- Other workplaces employing professional, technical, clerical, or mechanical personnel
What Workplace Rules Does Wage Order 4 Cover?
California IWC Wage Order No. 4 addresses numerous wage-and-hour and working-condition requirements, 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
- Elevators
- Exempt employee classifications
- Computer software employee exemptions
- Special provisions applicable to certain health care employees
California Minimum Wage and Wage Order 4
California's statewide minimum wage is updated separately from the underlying IWC Wage Orders. Employers should display the current California Minimum Wage notice together with the applicable Wage Order.
Employers must pay covered employees at least the current applicable California minimum wage and should 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 4
Wage Order No. 4 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. 4 permits qualifying employees to work an approved alternative workweek schedule when California's applicable election and scheduling requirements are satisfied.
A properly adopted alternative workweek can allow employees to work regularly scheduled workdays of up to 10 hours within a 40-hour workweek without daily overtime for those regularly scheduled hours.
Special alternative workweek provisions can apply to certain employees in the health care industry.
Professional, Executive and Administrative Exemptions
Although Wage Order No. 4 covers professional, managerial, technical, and office occupations, an employee is not automatically exempt from California overtime requirements simply because the employee works in a professional environment or receives a salary.
California establishes specific requirements for the executive, administrative, and professional exemptions. Depending on the exemption, requirements can include:
- Performing qualifying exempt duties
- Primarily engaging in exempt work
- Customarily and regularly exercising discretion and independent judgment when required
- Receiving the minimum salary required under California law
For the executive, administrative, and professional exemptions, the employee generally must earn a monthly salary equivalent to at least two times the California minimum wage for full-time employment in addition to satisfying the applicable duties test.
Computer Software Employee Exemption
Wage Order No. 4 contains a specific exemption for certain highly skilled employees in the computer software field who satisfy California's duties and compensation requirements.
The exemption can apply to qualifying employees engaged in work such as:
- Systems analysis
- Computer systems or program design
- Software development
- Software documentation
- Computer program testing or modification
- Certain software or hardware operating-system programming activities
A job title alone does not establish the computer software exemption. California annually adjusts the minimum compensation thresholds applicable to this exemption, so employers should review the current threshold before classifying an employee as exempt.
Registered Nurses and the Professional Exemption
California Wage Order No. 4 contains special rules concerning registered nurses.
Registered nurses employed primarily in the practice of nursing are not automatically considered exempt professional employees merely because they are licensed professionals. They must independently satisfy the requirements of another applicable exemption unless a specific provision applies.
Certain advanced practice nurses, including qualifying certified nurse midwives, certified nurse anesthetists, and certified nurse practitioners, may qualify under the professional exemption when applicable requirements are satisfied.
Health Care Employees and Wage Order 4
Some employees working in covered health care facilities can fall within Wage Order No. 4. California also establishes separate minimum wage requirements for certain covered health care employees.
Health care employers should determine whether California's health care worker minimum wage requirements apply to their employees in addition to the other requirements contained in Wage Order No. 4.
Meal Period Requirements
Wage Order No. 4 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.
Employers should ensure that employees receive applicable rest periods and that workplace policies accurately reflect current California requirements.
Reporting Time Pay
Wage Order No. 4 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 Wage Order 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. 4 contains requirements concerning additional compensation for split shifts in applicable circumstances.
Uniforms, Tools and Equipment
Wage Order No. 4 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.
When tools or equipment are required or necessary for the job, Wage Order No. 4 also establishes employer responsibilities and limited exceptions for certain employees earning at least the compensation level specified by the order.
Cash Shortages, Breakage and Equipment Loss
Wage Order No. 4 generally prohibits employers from deducting wages or requiring employee reimbursement for cash shortages, breakage, or equipment loss unless applicable requirements involving dishonest or willful conduct or gross negligence are satisfied.
Suitable Seating
Wage Order No. 4 contains requirements concerning suitable seating for employees.
When the nature of an employee's work reasonably permits the use of a seat, suitable seats must be provided. When 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.
Where Must IWC Wage Order 4 Be Posted?
California requires every employer subject to Wage Order No. 4 to keep a copy of the order posted in an area frequented by employees where it can be easily read during the workday.
Appropriate locations may include:
- Employee break rooms
- Employee bulletin boards
- Office employee areas
- Laboratories
- Technical work areas
- Employee entrances
- Time-clock areas
- Human Resources areas
- Other conspicuous employee locations
When the location of work or other conditions make posting impractical, the employer must keep a copy of the order and make it available to employees upon request.
Is California IWC Wage Order No. 4 Required?
Yes, when Wage Order No. 4 applies to the employer or employees. California requires employers to post the applicable Industrial Welfare Commission Wage Order in an area frequented by employees where it can be easily read during the workday.
The applicable Wage Order should be displayed with other required California and federal workplace notices. Employers should also maintain the current California Minimum Wage notice with the applicable IWC industry or occupation order.
How Do I Know Which California Wage Order Applies?
California maintains multiple industry and occupation Wage Orders. Wage Order No. 4 is particularly important because it is based primarily on occupations rather than one specific industry.
Employers should evaluate both their business operations and the actual work performed by employees before determining whether Wage Order No. 4 or another California industry Wage Order applies.
IWC Wage Order No. 4 Poster Specifications
- 18"W x 24"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Available in English and Spanish
- California Professional, Technical, Clerical, Mechanical and Similar Occupations 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.