Frequently asked questions about workplace postings
1. Which Industrial Welfare Commission (IWC) wage order covers my workplace?
Follow this link to an alphabetical index of businesses and occupations, and which IWC wage orders govern them.
Industry orders apply to all classifications of employees in an industry regardless of the work they do. For example: The manufacturing order (order 1) covers everyone in the manufacturing industry from production employees, to clerical staff and janitors.
The occupational orders -- 4, 14, 15, and 16 -- cover workers engaged in occupations not covered by the industrial orders.
Several major kinds of businesses -- including banks, public utilities, insurance companies, accountants and others employing office workers -- do not fall under one of the industry-wide orders. Their workers are covered by Wage Order 4, which includes professional, technical, clerical, mechanical and similar occupations.
The other occupational orders are Wage Order 14 (agricultural occupations), Wage Order 15 (household occupations) and Wage Order 16 (onsite occupations in the construction, drilling, logging and mining industries).
In some circumstances where employees are covered by an occupational order the employer may need to post more than one order. For example: A construction company (Wage Order 16) employing office help also needs Wage Order 4. An agricultural business (Wage Order 14) with an after-harvest operation will also need either order 8 or order 13.
If you still aren't sure which order you need, review the pamphlet on this subject.
2. Do I need to post the minimum wage notice?
The Industrial Welfare Commission wage orders contain the minimum wage and are printed in English, so employers with English-speaking workers who have the IWC order posted as required need not download and post the minimum wage notice. Employers with workers who speak and read only Spanish must post the minimum wage notice in Spanish because the IWC orders are only available in English.
3. Is it legal to download and post the Internet version of the IWC orders and other postings?
Yes. Posting the wage orders and other postings downloaded from the Internet is legal.
4. Do I have to replace postings every year? How will I know when I need to replace them?
You only need to replace a posting when its content changes. Once established, the language of almost every required posting stays the same. The exception is the IWC wage orders, which are updated annually with an adjustment to the hourly wage required for computer professionals to be exempt*.
The IWC orders posted on the Internet are indexed by date, so a periodic check of the list will let you know if you have the most current version.
Additionally, the Department of Industrial Relations will announce posting updates on its home and what's new page when they occur.
*According to California Labor Code section 515.5(a)(4), the Division of Labor Statistics and Research is required to adjust the hourly base rate of pay for computer software employees as set forth in section 2, "Applicability of Order", of the Industrial Welfare Commission wage orders. This base rate of pay is only one factor used by employers to determine whether computer software employees are exempt from the provisions of the order. Employers with exempt computer software employees must post the annual wage update.
5. Is it legal to put postings in a binder if I don't have room to post materials?
Yes, but only under special circumstances. Some situations where this could be acceptable are a construction site where there is only an on-site trailer, or an agricultural site where the workplace is outdoors. If employers put postings in a binder, they must tell employees where the binder is located, have the binder available for employees, ensure employees have easy access to postings and don't have to walk a long distance or ask to see the material.