California Wage Order 9: Transportation Industry Rules

California Wage Order 9 is the state rulebook for pay, hours and working conditions in the transportation industry: trucking, delivery, bus and limousine companies, airlines, ambulances, towing, parking, car rental, vehicle repair shops and warehouses. It sets the overtime, meal break, rest break, reporting-time, uniform and recordkeeping rules for most non-exempt workers at those businesses, whether they drive or not.

Parts of the posted Order 9 are out of date. The copy on the Department of Industrial Relations (DIR) website still prints the 2017–2020 minimum wage table, but the state minimum wage is $16.90 an hour in 2026 and $17.40 on January 1, 2027. Order 9 also has a federal wrinkle: for many interstate truck and bus drivers, California’s meal and rest break rules have been preempted.

This guide explains who Order 9 covers, its exemptions and driver-specific overtime exceptions, how the federal preemption actually works, and what to do if you were shorted.

Who Wage Order 9 covers

Order 9 defines the transportation industry as any business “operated for the purpose of conveying persons or property from one place to another whether by rail, highway, air, or water,” and all operations and services connected with it. It also covers storing or warehousing goods, and the repairing, parking, rental, maintenance or cleaning of vehicles (Order 9, §2(P); Cal. Code Regs., tit. 8, §11090).

The Labor Commissioner’s “Which IWC Order?” guide lists examples such as airlines, ambulance services, armored cars, bus and tour lines, courier and parcel delivery, trucking, moving and storage warehouses, garbage collection, limousine and taxi services, tow companies, parking lots, vehicle rental, and car washes that aren’t part of a retail business.

Industry first, then occupation

Wage orders follow what your employer’s business mainly does, not your job title. At a transportation company, Order 9 usually covers dispatchers, office staff, mechanics and warehouse workers as well as drivers. The Labor Commissioner’s examples:

• A warehouse whose main purpose is storage, with an incidental sales staff, is under Order 9.
• A hotel employee who drives the hotel van is under Order 5, not Order 9.
• A repair garage run by a vehicle dealer or gas station is under Order 7; an independent repair shop is under Order 9.

Warehouse workers may also be protected by the state’s quota law; see California’s warehouse quota law (AB 701).

By the numbersOne hour

Exemptions from Order 9

The hours, overtime and break sections (§§3–12) don’t apply to properly classified executive, administrative and professional employees. They must mainly do exempt duties, regularly exercise discretion and independent judgment, and earn a salary of at least twice the state minimum wage for full-time work: $70,304 a year in 2026 and $72,384 in 2027. A salaried “lead” who mostly drives or loads trucks is not exempt; see misclassified exempt employees.

Order 9 also excludes outside salespersons and the employer’s parent, spouse or child. Government employees are covered only by the minimum wage, meals-and-lodging and penalty sections, plus the meal and rest sections for government commercial drivers (§1(B)). Employees under a Railway Labor Act union contract keep only sections 4, 10, 11, 12 and 20–22 (§1(E)).

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Overtime under Order 9 and the driver exceptions

The baseline matches Labor Code §510: time and a half after 8 hours in a workday or 40 in a workweek and for the first 8 hours on the seventh consecutive day; double time after 12 hours in a day and after 8 hours on the seventh day. Alternative workweeks of up to 10-hour days require a two-thirds secret-ballot election (see alternative workweeks and 12-hour shifts).

Order 9 then removes or modifies the overtime section for certain groups:

Group	What Order 9 says	Section
Employees whose hours of service are regulated by federal hours-of-service rules (49 C.F.R. §§395.1–395.13) or California’s driver-hours rules (Cal. Code Regs., tit. 13, §1200 et seq.)	Section 3 (hours and overtime) does not apply	§3(L)
Taxicab drivers	Section 3 does not apply	§3(M)
Ambulance drivers and attendants on 24-hour shifts	No daily overtime if they agree in writing to exclude up to three one-hour meal periods and up to 8 hours of uninterrupted sleep; employer must provide dormitory and kitchen facilities	§3(K)
Airline employees working 40–60 hours in a week because of a schedule change they requested, such as trading days off	Section 3 does not apply	§3(N)
Employees under a union contract with premium overtime and a regular rate at least 30% above minimum wage	Most of §3 does not apply (see also Labor Code §514)	§3(H)

These exceptions are narrow. Warehouse workers, dispatchers and mechanics at a trucking company are not drivers regulated by hours-of-service rules, so normal overtime applies to them.

Meal and rest breaks under Order 9

For workers outside the federal preemption described below, the standard California rules apply:

• Meal periods: 30 minutes when you work more than 5 hours and a second 30 minutes when you work more than 10, with limited mutual-consent waivers (§11; Labor Code §512). An on-duty meal is allowed only when the work prevents relief from all duty and you agreed in writing, with the right to revoke in writing.
• Rest periods: 10 minutes of paid rest for every 4 hours worked or major fraction thereof; not required if total daily work time is under 3½ hours (§12).
• Premiums: one extra hour of pay at your regular rate for each workday a meal period is missed, and one for each workday a rest period is missed (Labor Code §226.7). See meal and rest break premiums.

Public transit bus drivers can be excluded from the break sections by a qualifying union contract (§§11(F), 12(C)), and Labor Code §512 has a similar union-contract exception for commercial drivers’ meal periods.

💡 Example: Rosa drives a cargo van for a local parcel company at $22 an hour. Her van falls outside the federal hours-of-service rules, so California’s break rules apply. On a 10-hour day she gets no meal period and no rest breaks. She is owed one meal premium ($22) and one rest premium ($22): $44 for the day. Over 20 such days, that is $880. (Hypothetical.)

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Interstate truck and bus drivers: the federal preemption

Federal law lets the Federal Motor Carrier Safety Administration (FMCSA) preempt state laws “on commercial motor vehicle safety” that are additional to or more stringent than federal rules if they have no safety benefit, are incompatible with federal regulations, or unreasonably burden interstate commerce (49 U.S.C. §31141).

On December 21, 2018, FMCSA determined that California’s meal and rest break rules are preempted as applied to drivers of property-carrying commercial motor vehicles who are covered by FMCSA’s hours-of-service regulations. The Ninth Circuit upheld that decision in January 2021 (International Brotherhood of Teamsters, Local 2785 v. FMCSA). FMCSA made a similar determination in 2020 for drivers of passenger-carrying commercial motor vehicles, and the Ninth Circuit denied California’s challenge on June 4, 2026 (People of the State of California v. FMCSA, No. 20-70706).

What the preemption does and doesn’t do

• It covers California’s meal and rest break rules only, not minimum wage, overtime, pay stub, expense reimbursement or final pay rules.
• It reaches only drivers subject to the federal hours-of-service rules. Drivers who aren’t, such as many drivers of smaller vehicles outside the federal commercial-motor-vehicle definition, generally keep California’s break rights.
• It doesn’t apply to non-driving employees such as warehouse staff, mechanics and dispatchers.
• Covered drivers remain subject to the federal hours-of-service limits and break requirements.

Whether a particular driver, route or time period falls inside the preemption can be a close question, so have it reviewed before assuming you have no break claim.

By the numbers$16.90

Reporting time, split shifts and working conditions

Reporting time (§5). If you report for a scheduled shift and get less than half of it, you’re owed half the scheduled day’s pay, at least 2 and no more than 4 hours, at your regular rate; a second call-in the same day with under 2 hours of work earns 2 hours. Exceptions cover threats to people or property, utility failures and acts of God or other causes outside the employer’s control. Split shifts earn one extra hour’s pay at the minimum wage (§4(C)). See split-shift and reporting time pay.

Uniforms and tools (§9). Required uniforms must be provided and maintained by the employer. Required tools must be too, except that employees earning at least twice the minimum wage, such as many mechanics, can be required to supply hand tools customarily used in their trade. No deductions for normal wear and tear. Other job costs may be reimbursable under Labor Code §2802; see expense reimbursement.

Meals and lodging (§10). These can count toward minimum wage only under a voluntary written agreement, up to DIR’s current maximums. The amounts printed in Order 9 are from 2017–2020; the 2026 amounts from the statewide order MW-2026 are:

Credit (2026, all employers)	Maximum
Room occupied alone / shared	$79.46 / $65.59 per week
Apartment	Two-thirds of ordinary rental value, up to $954.43 per month
Apartment, couple both employed	Two-thirds of ordinary rental value, up to $1,411.85 per month
Breakfast / Lunch / Dinner	$6.10 / $8.42 / $11.28

Seats, records and deductions. Suitable seats are required when the nature of the work reasonably permits (§14). Employers must record each work period’s start and end, meal periods, split-shift intervals and daily totals, and keep records at least three years (§7). Cash shortages, breakage and lost equipment can’t be deducted unless caused by dishonesty, a willful act or gross negligence (§8).

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What’s superseded on the posted Order 9

The Industrial Welfare Commission was defunded in 2004, but its orders remain in effect, and DIR updates the minimum wage and meals-and-lodging figures each year (Labor Code §1182.13). On Order 9, ignore the printed wage and credit tables: use $16.90 for 2026 and $17.40 for 2027, or a higher local rate (see California minimum wage by city), and the MW-2026 credits above. Where the Labor Code gives workers more, such as paid sick leave or final pay deadlines, the Labor Code controls.

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What to do if your employer isn’t following Order 9

1. Confirm the order by identifying your employer’s main business.
2. Keep your own record of start, end and break times and early send-homes; employers can’t stop you (Labor Code §1174(d)).
3. Check your stubs for overtime and premiums; our wage and hour calculator can help.
4. Don’t assume the preemption covers you if you don’t drive, or drive a vehicle outside the federal hours-of-service rules.
5. Act within the deadline: most wage claims must be brought within three years (Code of Civil Procedure §338).
6. Choose a forum. Labor Code §1194 allows recovery of unpaid minimum wage and overtime plus interest, attorney’s fees and costs; compare a Labor Commissioner claim vs. hiring a lawyer.

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Frequently asked questions

Does Wage Order 9 apply to warehouse workers?

Often, yes. Order 9 expressly includes storing or warehousing goods. If the warehouse belongs to a retailer or manufacturer, that employer’s industry order may apply instead.

Are truck drivers in California entitled to meal and rest breaks?

It depends. FMCSA’s 2018 determination preempts California’s break rules for drivers of property-carrying commercial motor vehicles who are covered by the federal hours-of-service rules. Drivers outside those rules generally keep California’s break rights.

Do truck drivers get daily overtime under Order 9?

Order 9’s overtime section doesn’t apply to employees whose hours of service are regulated by federal or California driver-hours rules (§3(L)). Whether other law requires overtime depends on the facts, so have your pay reviewed.

Is the minimum wage on my Order 9 poster correct?

No. The posted Order 9 shows 2017–2020 rates. The 2026 state minimum is $16.90 an hour, rising to $17.40 on January 1, 2027.

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