It is the continuing duty of the Industrial Welfare Commission, hereinafter referred to in this chapter as the commission, to ascertain the wages paid to all employees in this state, to ascertain the hours and conditions of labor and employment in the various occupations, trades, and industries in which employees are employed in this state, and to investigate the health, safety, and welfare of those employees.
The commission shall conduct a full review of the adequacy of the minimum wage at least once every two years. The commission may, upon its own motion or upon petition, amend or rescind any order or portion of any order or adopt an order covering any occupation, trade, or industry not covered by an existing order pursuant to this chapter.
Before adopting any new rules, regulations, or policies, the commission shall consult with the Occupational Safety and Health Standards Board to determine those areas and subject matters where the respective jurisdictions of the commission and the Occupational Safety and Health Standards Board overlap. This consultation need not take the form of a joint meeting. In the case of such overlapping jurisdiction, the Occupational Safety and Health Standards Board shall have exclusive jurisdiction, and rules, regulations, or policies of the commission on the same subject have no force or effect.
Notes of Decisions
Monzon v. Schaefer Ambulance Serv., Inc., 29 Wage & Hour Cas. (BNA) 1635 (Cal. Ct. App. 1990).
· cites it 4× “California labor law Labor Code section 1173 authorizes IWC to promulgate orders regulating wages, hours and working conditions throughout the state.”
Martinez v. Combs, 231 P.3d 259 (Cal. 2010).
“701-702), charging the IWC with the “continuing duty” to ascertain the wages, hours and labor conditions of “all employees in this state,” to “investigate [their] health, safety, and welfare,” to “conduct a full review of the adequacy of the minimum wage at least once every two…”
California Hotel & Motel Ass'n v. Indus. Welfare Comm'n, 599 P.2d 31 (Cal. 1979).
· cites it 2× “*206 The "Investigate and Find" Issue ( Labor Code Sections 1173 and 1178 ) (1) The association argues that section 1178 requires the commission to investigate and find that wages are inadequate, or hours and conditions *207 of employment are prejudicial to the health, morals,…”
Ward v. United Airlines, Inc., 466 P.3d 309 (Cal. 2020).
“But if every state were to adopt the same rule, then many transportation- 7 This aligns section 226 with the many Labor Code provisions that by their terms reflect an overarching legislative concern with regulating work performed in this state, as opposed to elsewhere.”
Intl Bhd. of Teamsters v. Fmcsa, 986 F.3d 841 (9th Cir. 2021).
“2010) (quoting Cal. Lab. Code § 1173 ). To that end, the IWC has issued eighteen wage orders, mostly on an industry-wide or occupation-wide basis.”
Kilby v. CVS Pharmacy, Inc., 368 P.3d 554 (Cal. 2016).
“XIV, § 1; Lab. Code, § 1173 [duties of the IWC].) “[I]n fulfilling its broad statutory mandate, the IWC engages in a quasi-legislative endeavor, a task which necessarily and properly requires the commission’s exercise of a considerable degree of policy-making judgment and…”
Tidewater Marine W., Inc. v. Bradshaw, 927 P.2d 296 (Cal. 1996).
“(Lab. Code, §§ 1173, 1178.5, 1182.) Defendant Division of Labor Standards Enforcement (DLSE), headed by defendant Victoria L.”
Stoetzl v. Dept. of Human Resources, 443 P.3d 924 (Cal. 2019).
“4 and the Pay Scale Manual cannot be harmonized and that the Pay Scale Manual must be treated as a statutorily authorized exception to Wage Order No.”
John Watkins v. Ameripride Servs., Dba Ameripride Unif. Servs., 375 F.3d 821 (9th Cir. 2004).
“California law provides that rules and regulations governing overtime pay in California are promulgated by the Industrial Welfare Commission (“IWC”)- Cal. Lab.Code § 1173. Orders adopted by the IWC have the force of law.”
Sheppard v. North Orange Cnty. Reg'l Occupational Prog., 191 Cal. App. 4th 289 (Cal. Ct. App. 2010).
“ct],’ the Legislature has ‘restated the commission’s responsibility in even broader terms’ [citation], charging the IWC with the ‘continuing duty’ to ascertain the wages, hours and labor conditions of ‘all employees in this state,’ to ‘investigate [their] health, safety, and…”
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