Health Care Worker Supplemental Minimum Wage

Beginning on October 16th, 2024, covered health care workers are eligible to receive a minimum wage higher than the statewide minimum wage. These workers must, (1) work for certain “health care facilities” that are covered in the new law and (2) provide health care services or support the provision of health care. The minimum wage ranges between $18 to $23 per hour depending upon the type of facility.

Covered Health Care Facilities

The information below identifies the health care facilities covered by the health care worker minimum wage sorted by facility type.

Health Care Systems and Hospitals

• A facility or other work site that is part of an integrated health care delivery system.
• A licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, including a distinct part of any such hospital.
• A licensed acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including a distinct part of any such hospital.
• A special hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code.

Clinics

• A clinic, as defined in subdivision (b) of Section 1204 of the Health and Safety Code, including a specialty care clinic, or a dialysis clinic.
• A clinic as defined in subdivision (d), (g), or (l) of Section 1206 of the Health and Safety Code.
• A community clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code.
• An intermittent clinic exempt from licensure under subdivision (h) of Section 1206 of the Health and Safety Code.
• A clinic operated by the state or any of its political subdivisions, including, but not limited to, the University of California or a city or county that is exempt from licensure under subdivision (b) of Section 1206 of the Health and Safety Code.
• A rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code.
• An urgent care clinic that provides immediate, nonemergent ambulatory medical care, including but not limited to walk-in clinics or centers.

Mental Health

• A psychology clinic, as defined in Section 1204.1 of the Health and Safety Code.
• A psychiatric health facility, as defined in Section 1250.2 of the Health and Safety Code.
• A mental health rehabilitation center, as defined in Section 5675 of the Welfare and Institutions Code.
• A county mental health facility.

Residential and Home Health Care

• A licensed skilled nursing facility, as defined in subdivision (c) of Section 1250 of the Health and Safety Code, if owned, operated, or controlled by a hospital or integrated health care delivery system or health care system.
• A licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, if affiliated with an acute care provider or owned, operated or controlled by a general acute care hospital, acute psychiatric hospital, or the parent entity of a general acute care hospital or acute psychiatric hospital.
• A patient’s home when health care services are delivered by an entity owned or operated by a general acute care hospital or acute psychiatric hospital.
• A licensed home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code.

Other Facilities

• An ambulatory surgical center that is certified to participate in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act.
• A physician group operating as a medical group practice, a corporation controlled by physicians and surgeons, or a medical partnership with 25 or more physicians.
• A county correctional facility that provides health care services.

Covered Employees

The definition of “health care employee” is very broad — including “an employee of a health care facility employer who provides patient care, health care services, or services supporting the provision of health care.” This definition includes, but is not limited to, employees performing work, regardless of formal job title, in the occupation of:

• Nurse;
• Physician;
• Caregiver;
• Medical resident, intern or fellow;
• Patient care technician;
• Janitor;
• Housekeeping staff person;
• Groundskeeper;
• Guard;
• Clerical worker;
• Nonmanagerial administrative worker;
• Food service worker;
• Gift shop worker;
• Technical and ancillary services worker;
• Medical coding and billing personnel;
• Scheduler;
• Call center and warehouse worker; and
• Laundry worker.

In addition, “covered health care employees” includes workers that meet both of the following:

• The employee’s employer contracts with the health care facility employer, or with a contractor or subcontractor to the health care facility employer, to provide health care services, or services supporting the provision of health care.
• The health care facility employer directly or indirectly, or through an agent or any other person, exercises control over the employee’s wages, hours or working conditions.

Finally, “covered health care employee” includes all employees performing contracted or subcontracted work primarily on the premises of a health care facility to provide health care services or services supporting the provision of health care.

Notices and Resources

The Department of Industrial Relations (DIR) has provided an FAQ to assist covered healthcare facilities with compliance.

Covered health care facilities must post a supplemental minimum wage notice in the workplace alongside the regular minimum wage notice.

Click below to download your supplemental Health Care Worker minimum wage notice.