Who must post a wage order?
In addition to the state’s labor and occupational safety and health laws, employers in some states are required to comply with state wage orders for particular industries. Wage orders establish detailed standards related to wages, hours and working conditions of particular industries. Wage orders often cover a variety of work-related matters. The most common are:
- Wage rates
- Overtime qualifications
- Maintenance of records
- Reporting-time pay
- Work breaks
- Posting requirement
Because wage orders are usually more precise than the general labor laws, employers in covered industries should be aware of the elevated compliance responsibilities contained in the wage order. Employers who violate the requirements of a state wage order face penalties and legal action.
California Wage Orders (“IWC”s)
In addition to the general Minimum Wage Order, all California employers are required to post an IWC Wage Order that pertains to their industry or occupation group. The Wage Order must be posted in an area frequented by employees where it may be easily read during the workday. Labor Code §1183(d).
California has 17 IWC Wage Orders. The “industry” wage orders include: IWC 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13. The “occupational” wage orders include: IWC 4, 14, 15, 16 and 17. Employers should first determine whether they are covered by an industry wage order. If the business is not covered by an industry wage order, then an occupational wage order will apply. Employers who are unsure of which IWC applies should consult the Division of Labor Standard Enforcement’s (DLSE) publication, “Which IWC Order? Classifications”. Alternatively, employers may refer to the alphabetical index of businesses and occupations. We are here to help so if you need guidance give us a call!
|Personal Service Industry||English/Spanish|
|Canning, Freezing, & Preserving||English/Spanish|
|Professional, Technical, Clerical||English/Spanish|
|Laundry, Linen, and Dry Cleaning||English/Spanish|
|Products After Harvest||English/Spanish|
|Amusement and Recreation||English/Spanish|
|Motion Picture Industry||English/Spanish|
|Construction, Drilling, Logging||English/Spanish|
Wage Orders for other states
In the state of Connecticut, there are specific regulations covering the following industries:
Each employer subject to the provisions must post a wage order at the place of business where it can be read easily by the employees. (Connecticut General Statutes, Section 31-66)
|Restaurant and Hotel Occupations||English/Spanish|
Every employer subject to any order issued under the New Jersey Wage and Hour Law must keep any applicable wage order posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. (NJSA 34:11-56a21)
|First Processing Farm Product Occupations||English|
|Seasonal Amusement Occupations||English|
|Hotel and Motel Occupations||English|
|Food Service Occupations||English|
|Beauty Culture Occupations||English|
|Laundry, Cleaning and Dyeing Occupations||English|
In addition to the general minimum wage order, every New York employer must keep applicable wage orders – Building Services, Hospitality, Miscellaneous Industries and Occupations, and Agriculture – posted in a conspicuous place in his or her establishment. (12 NYCRR Ch. 2, Sub. B)
|Building Service Industry||English|