The California Department of Industrial Relations (DIR) updated all but Wage Order 14 and 17 recently. The DIR regulates wages and hours for employees. The Division of Labor Standards Enforcement (DLSE) enforces the provisions of the wage orders, including the posting requirements. The Wage Orders are numbered 1 through 17.
The most recent updates were made to reflect the increases in California’s minimum wage. (To read more on the minimum wage increase, visit my prior L&E Blog here.) The update shows the minimum wage for 2017 and 2018 as follows:
Effective Date 26 or More Employees 25 or Fewer Employees
January 1, 2017 $10.50 $10.00
January 1, 2018 $11.00 $10.50
Employers are required to post a copy of the applicable Wage Order in an area frequented by employees, such as a breakroom or your employee entrance. The Wage Orders must be printed on 8.5″ x 11″ paper. If you are unable to post the Wage Order because of the work location or other conditions, you should inform employees that they may request a copy of the Wage Order from you. While the Wage Order does not specify what penalties can be imposed for failure to comply with the posting requirements, it is likely Private Attorney General Act (PAGA) penalties could be recovered by employees and/or the DLSE for noncompliance. PAGA’s default penalty provision under Labor Code section 2699(f) permits the recovery of a penalty of $100 per employee for initial violations, and subsequent penalties in the amount of $200 per employee per pay period.The updated version of the Wage Orders contains a revision date of “12/2016.” Employers can find this date on the cover page for each Wage Order.
Given that there are 17 different Wage Orders it may be unclear as to which Wage Order each employer must post. The DLSE has published a pamphlet to help guide employers in determining which Wage Order must be posted. This pamphlet can be found here.
Electronic versions of the Wage Orders for posting can be obtained from the DIR Industrial Welfare Commission Wage Order webpage here. Printed versions of the Wage Orders can be obtained by contacting a local DLSE district office. A listing of these offices can be found here.
If you have questions about these revisions or which Wage Order applies to you, the attorneys in Weintraub Tobin’s Employment Law Group can assist you. Contact any one of us if we can be of assistance.