Wage Order Summaries

Wage Order (15-2001) is the wage order that applies to domestic workers and will probably be the one that you use the most. Below, the summary covers the Industrial Welfare Commssion's regulation of wages, hours, and working conditions in the Household Occupations (ie. domestic workers). Please make sure you check to see whether there are any new, updated wage orders since the publication of this website. You can find updates at the Industrial Welfare Commission's homepage .

Also, you can click here to be transported to another part of the webpage that contains the abbreviated text of a pamphlet published by the Labor Commissioner which maps out the process that most claims take.

WAGE ORDER 15-2001

Section 2, Definitions
(I) To fall under the Household Occupations Wage Order you must be defined as someone who cares for a person or who maintains a private household or its premises. People included under the Household Occupations Wage Order are cooks, dayworkers, gardeners, housecleaners, housekeepers, domestic workers etc.

(J) This Wage Order does not apply to personal attendants, unless 20% of their time is devoted to doing work that is characterized under Household Occupations (for example, cooking and cleaning). See also Cardenas v. Mission Industries .

Section 3, Hours and Days of Work
If a domestic worker lives in an employer's home, they must have 12 hours of duty free time per day. If they work more than 12 hours a day, they should have a 3 hour rest period and should be paid at the 1.5 overtime rate. Note, a live in domestic worker should not work more than 5 consecutive days. If she does, she will be paid at the 1.5 rate overtime rate till she works 9 hours extra and then the pay will be doubled.

If a domestic worker does not live in their employer's home, the regular overtime rules of 8 hours a day or 40 hours a week max apply. Also, a domestic worker can be employeed to work a 7 day work week as long she doesn't work more than 6 hours a day and no more than 30 hours total per week. If they do, they are required to get paid hourly overtime.

Section 4, Minimum Wage
An employer cannot pay their employees below the minimum wage, unless they are training their employee. During this time period, the employer can deduct up to 15% of an employee's earned wages. However, this applies only if an employee has never had any previous experience with the duties that compose this occupation (here, for example, cleaning, cooking, etc.). Therefore, this will probably never apply to any domestic worker.

If a domestic worker receives minimum wage and works a split shift, they are entitled to an extra hour worth of pay. In a split shift, an employee works several hours, but is required by their employer to take a "break" that isn't a paid rest period or an off duty meal period. After the "break", which usually lasts several hours, they are required to return back to work.

Section 5, Reporting Time
If an employee reports to work but doesn't work or doesn't get more than half of their usual hours of work, they can get paid for up to half their scheduled work day at their regular wage. However, this is limited to situations where the employer decides not to let an employee work, not to Acts of God.

Section 7, Records
Records should be kept by the employer for three years and should be available for inspection by an employee if notice is given. The timeline is usually considered to be a "reasonable time".

Section 8, Cash Shortage and Breakage
No employer can deduct wages or require reimbursement for a cash shortage or breakage unless it was caused by dishonesty, a willfull act, or gross negligence on the part of the employee.

Section 9, Uniforms
All required uniforms must be maintained and provided by the employer.

Tools required for a job shall be provided by the employer, unless the tools are understood to be part of the trade or the employee is being paid twice the minimum wage.

Section 11, Meal Periods
An employee cannot work more than 5 hours without a 30 minute meal period, unless 6 hours will complete a workday. After working for 10 hours, you are entitled to another meal period.

Section 12, Rest Periods
Rest periods of 10 minutes for every 4 hours worked are required. These breaks are always paid.