The Labor Code of the State of California generally sets forth the time and manner of paying wages to employees, minimum wage requirements, and mandatory overtime pay. In addition to the provisions of the Labor Code, the Industrial Welfare Commission of the State of California has published 18 “Wage Orders” which further govern employment in the State of California. Those Wage Orders cover specific industries and occupations, and there is even one general minimum Wage Order that applies to all California employers and employees.
Wage Order No. 5
Wage Order No. 5 of the Industrial Welfare Commission requires minimum wage for each hour worked. Order No. 5 is an Order Regulating Wages, Hours and Working Conditions in the Public Housekeeping Industry. Included in the definition of “Public Housekeeping Industry” is “apartment houses.” Hence, resident managers of apartment complexes in the State of California are governed by that Order #5.
The Order requires that the then–existing minimum wage be paid to a resident apartment manager for each and every hour worked by that manager. (Specifically excluded from those hours for which the resident apartment manager is entitled to be compensated are hours spent by the resident apartment manager doing personal tasks, and not actually working on “assigned duties.”)