Description
California IWC Wage Order No. 5 – Public Housekeeping Industry Poster
Help satisfy California workplace posting requirements with the California IWC Wage Order No. 5 – Public Housekeeping Industry 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. 5.
California employers must determine which Industrial Welfare Commission Wage Order applies to their business or 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. 5?
IWC Wage Order No. 5-2001 regulates wages, hours, and working conditions for employees in California's Public Housekeeping Industry.
The order generally applies to businesses and establishments that provide meals, housing, maintenance services, lodging, care services, or similar public housekeeping services, whether those services are the primary business or are incidental to another operation not covered by another IWC industry order.
What Is the Public Housekeeping Industry?
California defines the Public Housekeeping Industry broadly. It includes businesses and establishments providing meals, housing, lodging, maintenance, care, or related services.
Depending on the operation, businesses covered by Wage Order No. 5 can include:
- Restaurants
- Nightclubs
- Taverns and bars
- Cocktail lounges
- Cafeterias
- Catering and banquet operations
- Hotels and motels
- Apartment houses and rooming houses
- Camps and trailer parks
- Office and loft buildings
- Hospitals and sanitariums
- Rest homes and residential care facilities
- Child nurseries and childcare institutions
- Homes for the aged
- Private schools, colleges, and universities providing board or lodging
- Building and grounds maintenance contractors
- Commercial and residential cleaning services
- Veterinary and other animal-care establishments
Restaurants, Bars and Food-Service Businesses
Wage Order No. 5 applies to many California businesses where food or beverages are prepared and served for consumption, including restaurants, bars, nightclubs, cafeterias, lunch counters, catering operations, banquet services, and similar establishments.
Food-service employers should also determine whether additional California requirements apply to their employees, including industry-specific minimum wage requirements applicable to certain fast food restaurant employees.
Hotels, Motels and Lodging Businesses
Hotels, motels, rooming houses, camps, clubs, trailer parks, apartment houses, and similar establishments offering rental living, business, or commercial quarters can fall within the Public Housekeeping Industry.
Hospitality employers should also review applicable local ordinances because some California cities establish additional minimum wage, hotel worker, workload, or employee protection requirements.
Hospitals and Health Care Facilities
Wage Order No. 5 also covers many hospitals, sanitariums, rest homes, residential care facilities, and similar establishments that provide lodging or board together with medical, nursing, convalescent, aged, or other care.
Certain covered health care employees are subject to additional California health care minimum wage requirements. Employers should determine whether those requirements apply in addition to Wage Order No. 5.
Childcare and Residential Care Facilities
The Public Housekeeping Industry includes child nurseries, childcare institutions, homes for the aged, and similar establishments providing board or lodging together with care services.
Wage Order No. 5 contains certain special provisions applicable to employees in qualifying residential care and health care environments, so employers should carefully review the provisions applicable to their particular facility and workforce.
Cleaning, Maintenance and Grounds Services
Wage Order No. 5 can also apply to establishments contracting to develop, maintain, or clean grounds, facilities, commercial units, or living units.
This can include certain janitorial, building-maintenance, grounds-maintenance, and cleaning operations when those employees are covered by the Public Housekeeping Industry order.
Veterinary and Animal Care Services
California's definition of the Public Housekeeping Industry expressly includes establishments providing veterinary or other animal-care services.
Veterinary hospitals, animal-care facilities, and similar employers should therefore review Wage Order No. 5 when determining the California Wage Order applicable to their employees.
What Workplace Rules Does Wage Order 5 Cover?
California IWC Wage Order No. 5 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
- Special provisions applicable to certain health care and residential care employees
California Minimum Wage and Wage Order 5
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 local ordinance or industry-specific law establishes a higher minimum wage.
Restaurants, hospitality businesses, and health care facilities should pay particular attention to industry-specific and local minimum wage requirements that may exceed the general statewide minimum wage.
Fast Food Minimum Wage Requirements
Wage Order No. 5 contains provisions recognizing California's separate minimum wage requirements for certain covered fast food restaurant employees.
Employers operating fast food restaurants should determine whether their establishments and employees meet the applicable statutory definitions and comply with the current fast food minimum wage requirements when covered.
Health Care Worker Minimum Wage Requirements
California also establishes separate minimum wage requirements for employees working at certain covered health care facilities.
Health care employers subject to Wage Order No. 5 should determine whether California's health care worker minimum wage requirements apply to their facility and employees in addition to the other requirements contained in the Wage Order.
Overtime Under IWC Wage Order 5
Wage Order No. 5 contains 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.
Special overtime rules and alternative workweek provisions can apply to certain health care, residential care, and other employees covered by Wage Order No. 5.
Alternative Workweek Schedules
Wage Order No. 5 contains provisions allowing qualifying employees to work approved alternative workweek schedules when California's applicable election and scheduling requirements are satisfied.
Special alternative workweek provisions can apply in the health care industry, including certain schedules involving workdays longer than 10 hours but not more than 12 hours when applicable requirements are met.
Meal Period Requirements
Wage Order No. 5 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.
Special meal-period provisions can apply to certain employees in the health care industry, so covered health care employers should review the Wage Order carefully.
Rest Period Requirements
Covered nonexempt employees are generally entitled to authorized and permitted rest periods based on the total hours worked, subject to the requirements and exceptions contained in Wage Order No. 5 and applicable California law.
Employers should ensure that workplace policies and scheduling practices provide employees with all applicable meal and rest periods.
Reporting Time Pay
Wage Order No. 5 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.
Generally, when an employee reports as required but is furnished less than half of the employee's usual or scheduled day's work, reporting time pay may be owed, subject to the requirements and exceptions contained in the Wage Order.
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. 5 contains requirements concerning additional compensation for split shifts in applicable circumstances.
Uniforms and Equipment
Restaurants, hotels, hospitals, care facilities, veterinary businesses, and other Public Housekeeping employers frequently require employees to wear uniforms or use specific workplace equipment.
Wage Order No. 5 contains requirements addressing employer responsibilities concerning required uniforms and equipment. Employers should review these provisions before requiring employees to purchase or maintain items required for the job.
Suitable Seating
Wage Order No. 5 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 employees' duties require standing, appropriate seating generally must be placed in reasonable proximity to the work area for use when performing duties does not require standing.
Does Wage Order 5 Apply to Exempt Employees?
Wage Order No. 5 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 5 Be Posted?
California requires every employer subject to Wage Order No. 5 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
- Restaurant employee areas
- Hotel employee areas
- Hospital and care facility employee 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. 5 Required?
Yes, when Wage Order No. 5 applies to the employer or employees. California requires covered 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. The correct order depends on the employer's industry, business operations, employee occupations, and other factors.
Restaurants, hotels, health care facilities, residential care facilities, cleaning services, veterinary businesses, retail operations, laundries, and other businesses may fall under different Wage Orders even when some employee duties overlap.
Employers should evaluate their actual operations before selecting the Wage Order to display.
IWC Wage Order No. 5 Poster Specifications
- 18"W x 24"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Available in English and Spanish
- California Public Housekeeping Industry 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.
