California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 5 - PUBLIC HOUSEKEEPING INDUSTRY › Section 11050 - Order Regulating Wages, Hours, and Working Conditions in the Public Housekeeping Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Applicability of Order This order shall apply to all persons employed in the
					 public housekeeping industry whether paid on a time, piece rate, commission, or
					 other basis, except that:
(A) Except as
					 provided in Sections
					 1,
					 2,
					 4,
					 10, and
					 20, the provisions of this order
					 shall not apply to student nurses in a school accredited by the California
					 Board of Registered Nursing or by the Board of Vocational Nurse and Psychiatric
					 Technician Examiners or exempted by the provisions of Sections
					 2789
					 or
					 2884
					 of the Business and Professions Code;
(B) Provisions of Sections
					 3 through
					 12 shall not apply to persons
					 employed in administrative, executive, or professional 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/her employer or his/her
					 employer's customers; or
(ii) The
					 performance of functions in the administration of a school system, or
					 educational establishment or institution, 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 that
					 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. 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; and
(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 following 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 prolonged 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 depends 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 subparagraph (a).
(d) Who earns 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.
(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 Wage
					 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(B)(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 that 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 determine 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-two dollars and sixty four cents ($42.64). The Division of
					 Labor Statistics and Research shall adjust this pay rate on October 1 of each
					 year to be effective on January 1 of the following year by an amount equal to
					 the percentage increase in the California Consumer Price Index for Urban Wage
					 Earners and Clerical Workers.
(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
					 theoretical 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 necessary 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, documentation,
					 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.
(C) Except as provided in Sections
					 1,
					 2,
					 4,
					 10, and
					 20, the provisions of this order
					 shall not apply to any employees directly employed by the State or any
					 political subdivision thereof, including any city, county, or special
					 district.
(D) The provisions of
					 this order shall not apply to outside salespersons.
(E) The provisions of this order shall not
					 apply to any individual who is the parent, spouse, child, or legally adopted
					 child of the employer.
(F) The
					 provisions of this order shall not apply to any individual participating in a
					 national service program, such as AmeriCorps, carried out using assistance
					 provided under Section
					 12571 of Title 42 of the United
					 States Code. (See Stats. 2000, ch. 365, amending Labor Code §
												1171.)