Zhao

DISCUSSION

Brewer, supra, 20 Cal.App.4th 1017, concerned the interpretation of Wage Order No. 5-89, a regulation issued by the Labor Commissioner concerning the wages, hours and working condition of persons employed in, among other things, the hospitality industry. The current version of Wage Order No. 52 states in part: “‘Hours worked’ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so, and in the case of an employee who is required to reside on the employment premises, that time spent carrying out assigned duties shall be counted as hours worked.” (Cal. Code Regs. tit. 8, § 11050, subd. (2)(K).) The employee in Brewer worked at a 25-unit motel as an office clerk, with primary responsibility for checking guests in and out of their rooms and answering the motel’s telephone. These duties required, on average, less than five hours a day to

1 The other plaintiffs received smaller awards under the judgment. In addition, the court awarded plaintiffs $75,000 in attorney fees. 2 Wage Order 5-89 has been superseded by Wage Order 5-2001. The two…