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This section lists California’s 17 Wage Orders, along with a description of the industries or occupations covered by each. These descriptions are substantially the same as they appear in the Wage Orders.
This topic contains the following information:
“Manufacturing industry” means any industry, business or establishment operated for the purpose of preparing, producing, making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling or packaging goods, articles or commodities, in whole or in part; except when these activities are covered by orders in the:
“Personal service industry” means any industry, business or establishment operated for the purpose of rendering, directly or indirectly, any service, operation or process used or useful in the care, cleansing or beautification of the body, skin, nails or hair, or in the enhancement of personal appearance or health; including but not limited to, beauty salons, schools of beauty culture offering beauty care to the public for a fee, barber shops, bath and massage parlors, physical conditioning, weight control salons, health clubs and mortuaries.
“Canning, freezing and preserving industry” means any industry, business or establishment operated for the purpose of canning soups, or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving or otherwise processing any fruits or vegetables, seafood, meat, poultry or rabbit product, when the purpose of this processing is the preservation of the product and includes all operations.
“Professional, technical, clerical, mechanical and similar occupations” includes professional, semi-professional, managerial, supervisory, laboratory, research, technical, statisticians, clerical, office work and mechanical operations. These occupations include:
“Public housekeeping industry” means any industry, business or establishment that provides meals, housing or maintenance services whether operated as a primary business or when incidental to other operations in an establishment not covered by an industry order of the commission, and includes:
Wage Order 5 Public Housekeeping Industry does not limit coverage to businesses whose main purpose is providing meals, housing or maintenance services. Instead, the Wage Order specifies that if any business provides any of these things to the public, even incidentally, and is not covered by a different industry order, it is part of the public housekeeping industry under Wage Order 5.
Example: A factory that operates a cafeteria is covered by Wage Order 1, Manufacturing Industry so it is not covered by Wage Order 5. A private school that is not covered by an industry order and that provides dormitories or dining facilities is covered by Wage Order 5. Where a concessionaire contracts to operate lodging or dining facilities, the concessionaire’s business is under Wage Order 5 and the rest of the enterprise (school, factory, etc.) is otherwise classified.
“Laundry, linen supply, dry cleaning and dyeing industry” means any industry, business or establishment operated for the purpose of washing, ironing, cleaning, refreshing, restoring, pressing, dyeing, storing, fumigating, mothproofing, waterproofing or any other associated processes, on articles or fabrics of any kind, including clothing, hats, draperies, rugs, curtains, linens, household furnishings, textiles, furs or leather goods; and includes self-service laundries, self-service dry cleaning establishments and similar types of commercial establishments; and the collection, distribution, storage, sale or resale at retail or wholesale of the foregoing services.
“Mercantile industry” means any industry, business or establishment operated for the purpose of purchasing, selling or distributing goods or commodities at wholesale or retail, or for the purpose of renting goods or commodities.
“Industries handling products after harvest” means any industry, business or establishment operated for the purpose of grading, sorting, cleaning, drying, cooling, icing, packing, dehydrating, cracking, shelling, candling, separating, slaughtering, picking, plucking, shucking, pasteurizing, fermenting, ripening, molding or otherwise preparing any agricultural, horticultural, egg, poultry, meat, seafood, rabbit or dairy product for distribution and includes all the associated operations.
“Transportation industry” means any industry, business or establishment operated for the purpose of conveying people or property from one place to another, whether by rail, highway, air or water, and all associated operations and services; and also includes storing or warehousing of goods or property and the repairing, parking, rental, maintenance or cleaning of vehicles.
“Amusement and recreation industry” means any industry, business or establishment operated for the purpose of furnishing entertainment or recreation to the public, including amusement parks, athletic fields, theaters, dance halls, bowling alleys, billiard parlors, skating rinks, riding academies, race tracks, swimming pools, gymnasiums, golf courses, tennis courts, carnivals and wired music studios.
“Broadcasting industry” means any industry, business or establishment operated for the purpose of broadcasting or taping and broadcasting programs through the medium of radio or television.
“Motion picture industry” means any industry, business or establishment operated for the purpose of motion picture or television film production, or primarily allied with theatrical or television motion picture productions, including motion pictures for entertainment, commercial, religious or educational purposes, whether made by film, tape or otherwise.
“Industries preparing agricultural products for market, on the farm” means any operation performed in a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purpose of preparing agricultural, horticultural, egg, poultry, meat, seafood, rabbit or dairy products for market when these operations are done on the premises owned or operated by the same employer who produced the products referred to herein, and includes all operations incidental thereto.
Wage Order 14 covers agricultural occupations related to the maintenance of soil, buildings and machinery that constitute the basic farm facilities and to the cultivation and handling of farm commodities up through harvest, including field packing and transportation to the place of first processing or distribution. Employees in these occupations can work for the grower, for a farm labor contractor or for an organization providing agricultural services.
“Agricultural occupations” mean any of the following described occupations:
Wage Order 14 covers agricultural occupations related to the maintenance of soil, buildings and machinery that constitute the basic farm facilities and to the cultivation and handling of farm commodities up through harvest, including field packing and transportation to the place of first processing or distribution. Employees in these occupations may work for the grower, for a farm labor contractor or for a company providing agricultural services.
Wage Order 14 does not cover all farm employees. If the grower has a packing or processing operation under Wage Order 8 or Wage Order 13, which are industry orders that cover handling operations after harvest, all of the support personnel on the farm and the packing house workers would fall under the industry order. These include clerical employees and drivers, for example. If there is not a Wage Order 8 or Wage Order 13 operation, the white collar workers would usually fall under Wage Order 4, but there are other possibilities. For example, if a grower operates a produce store or retail nursery substantial and distinct enough to constitute a separate mercantile business, Wage Order 7 would cover all of the employees connected with it in any way.
Although farm employers do often engage in various enterprises, the Division of Labor Standards Enforcement suggests that you should make every effort to limit the number of applicable Wage Orders to two, if possible — either the two occupation Wage Orders, 14 and 4, or Wage Order 14 and the industry order that best reflects the main purpose of your nonfarm operations.
Organizations providing commercial agricultural services employ some individuals who work on farms in agricultural occupations who fall under Wage Order 14, such as tractor drivers, etc. If the organization is in the business of selling chemicals, irrigation systems, etc., its other employees fall under Wage Order 7, Mercantile Industry. However, some organizations only contract to provide the service, so their support employees fall under Wage Order 4, Professional, Technical, Clerical, Mechanical and Similar Occupations.
Wage Order 15 covers employees who work for private households in various kinds of occupations. “Household occupations” means all services related to the care of people or maintenance of a private household or its premises by an employee of a private householder. Said occupations shall include the following:
The Domestic Worker Bill of Rights regulates the hours of work for certain domestic work employees and provides for specific overtime pay for “domestic work employees” who are “personal attendants,” as defined under the law.1 For more information, see Requirements for Domestic Service.
“On-site construction, drilling, logging and mining industries” includes all people employed in the on-site occupations of construction, including work involving alteration, demolition, building, excavating, renovation, remodeling, maintenance, improvement, repair work and work for which a contractor’s license is required by the California Business and Professions Code Division 3, Chapter 9, sections 7025 et seq.; drilling, including all work required to drill, establish, repair and rework wells for the exploration or extraction of oil, gas or water resources; logging work for which a timber operator’s license is required pursuant to California Public Resources Code sections 4571 through 4586; and mining (not covered by Labor Code section 750 et seq.), including all work required to mine and/or establish pits, quarries and surface or underground mines for the purposes of exploration or extraction of nonmetallic minerals and ores, coal and building materials such as stone and gravel, whether paid on a time, piece-rate, commission or other basis.
These on-site employees are entitled to daily and/or weekly overtime.2
“Miscellaneous employees” means any industry or occupation not previously covered by, and all employees not specifically exempted in, the IWC’s Wage Orders in effect in 1997 or otherwise exempted by law. Note that the Division of Labor Standards Enforcement has not identified any occupations that meet the definition of “miscellaneous employees” in Industrial Welfare Commission Order 17-2001.
1. Lab. Code secs. 1450-1454
2. Lab. Code sec. 510