California Amends General Minimum Wage Order and IWC Industry and Occupation Orders

[laborlaw]

OFFICIAL NOTICE
California Minimum Wage
MW-2001
Minimum Wage - Every employer shall pay to each employee wages not less than the following:

SUMMARY OF ACTIONS:
TAKE NOTICE that on October 23, 2000, the Industrial Welfare Commission (IWC), having proceeded according to its authority in the Labor Code and Constitution of California, Article 14, § 1, amended Sections 1,2,3, and 5 of the General Minimum Wage Order, MW-98. Section 4, Separability, has not been changed. The IWC adopted increases to the minimum wage and to meals and lodging credits in this general minimum wage order and in all of the IWC’s industry and occupation orders. The IWC also repealed and/or amended the following non-statutory full and partial exemptions from the minimum wage for certain employees that are contained in this order as well as in its industry and occupation orders: student nurses, professional actors, full-time carnival ride operators, employees of the State or local governments and any political subdivision thereof, personal attendants in private homes except for persons under the age of eighteen who are employee as baby sitters for a minor child of the employer in the employer’s home, and minors paid not less than 85% of the minimum wage rounded to the nearest nickel. The present partial exemption for learners was amended to include minors. The IWC took these actions after holding investigative public hearings as required by Labor Code § 1178, considered the report of the Wage Board on the minimum wage selected pursuant to Labor Code § 1178.5, and subsequently holding public hearings according to the requirements of Labor Code § 1181. This summary must be made available to employees in accordance with the IWC’s wage orders.
1. APPLICABILITY
The provisions of this Order shall not apply to outside salespersons and individuals who are the parent, spouse, or children of the employer previously contained in this Order and the IWC’s industry and occupation orders. The IWC has eliminated other exemptions from the minimum wage previously contained in this Order and in sections of the IWC’s industry and occupation orders. (See Section 5, Amended Provisions, below.) Exceptions and modifications provided by statute or in Section 1, Applicability, and in other sections of the IWC’s industry and occupation orders may be used where any such provisions are enforceable and applicable to the employer.
2. MINIMUM WAGES
Every employer shall pay to each employee wages not less than six dollars and twenty-five cents ($6.25) per hour for all hours worked, effective January 1, 2001, and not less than six dollars and seventy-five cents ($6.75) per hour for all hours worked, effective January 1, 2002.
3. MEALS AND LODGING
Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the following:
LODGING:
Effective January 1,2001
Room Occupied Alone $29.40 Per Week
Room Shared $24.25 Per Week

Effective January 1,2002
Room Occupied Alone $31.75 Per Week
Room Shared $26.20 Per Week

Apartment-two-thirds (2/3) of the ordinary rental value, and in no event more than.........$352.95 per month.........$381.20 per month where a couple are both employed by the employer, two-thirds (2/3) of the ordinary rental value, and in no event more than ..................................$522.10 per month...........$563.90 per month

Breakfast Lunch Dinner
$2.25 $3.10 $4.15
$2.45 $4.50 $4.50

4. SEPARABILITY
If the application of any provisions of this Order, or any section, subsection,subdivision, sentence, clause, phrase, word or portion of this Order should be held invalid,
unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.
5. AMENDED PROVISIONS
This Order amends the minimum wage and meals and lodging credits in MW-98, as well as in the IWC’s industry and occupation orders. (See Orders 1-15, Secs. 4 and 10; and Order 16, Secs. 4 and 9.) This Order also amends the following other provisions of the IWC’s industry and occupations orders to be consistent with the IWC’s actions regarding the elimination of certain exemptions from the minimum wage: Order 1, Secs.1(B) and 4(A)(1) and (2); Order 2, Secs. 1(B) and 4(A)(1) and (2); Order 3,Secs. 1(B) and 4(A)(1) and (2); Order 4, Secs. 1(B) and 4(A)(1) and (2);Order 5, Secs. 1(A) and (C), and 4(A)(1) and (2); Order 6, Secs. 1(B) and 4(A)(1) and (2); Order 7, Secs. 1(B) and 4(A)(1) and (2); Order 8, Secs. 1(B) and 4(A)(1) and (2); Order 9, Secs. 1(B) and 4(A)(1) and (2); Order 10,Secs. 1(B) and (D), and 4(A)(1) and (2); Order 11, Secs. 1(B) and (C) and 4(A)(1) and (2); Order 12, Secs. 1(B) and (C) and 4(A)(1) and (2): Order 13,Secs. 1(B) and 4(A)(1) and (2); Order 14, Secs. 1(B) and 4(A)(1) and (2);Order 15, Secs. 1(B) and 4(A)(1) and (2); and Order 16, Secs. 1(B). These amendments were adopted on October 23, 2000, in Sacramento. These amendments to the Wage Orders shall be in effect as of January 1, 2001. Questions about enforcement should be directed to the Division of Labor Standards Enforcement. Consult the white pages of your telephone directory under CALIFORNIA, State of, Industrial Relations for the address and telephone number of the office nearest you. The Division has offices in the following cities: Bakersfield, Eureka, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, and Van Nuys.