Chapter 5. Industrial Welfare Commission
Group 1. General Minimum Wage Order

Article 1. Minimum Wage Order

§11000. Order Regulating the Minimum Wage.

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 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:

                         Effective           Effective
                         January 1, 2001      January 1,2002


Room occupied alone......$29.40 per week      $31.75 per week
Room shared..............$24.25 per week      $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
Meals:
  Breakfast..............$2.25                $2.45
  Lunch..................$3.10                $3.35
  Dinner.................$4.15                $4.50

4. Separability--If the application of any provision 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, Sec. 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

NOTE: Authority cited: Sections 517 and 1173, Labor Code; and California Constitution, Article XIV, Section 1. Reference: Sections 517, 1182 and 1184, Labor Code.

HISTORY

1. Repeal of Wage Order MW-98 (section 11000) and adoption of Wage Order MW-2001 (section 11000) filed 2-14-2001; operative 1-1-2001. Submitted to OAL for printing only pursuant to Labor Code section 517(f) (Register 2001, No. 7). For prior history of section 11000, see Register 97, No. 32.