Press Release Summary = Legal and employment resources for pospective and former apartment managers. Specifically providing in depth legal information relating to minimum wage and overtime issues.
Press Release Body = Resident Apartment Manager Law in California
The McMillan Law Firm, A.P.C., is not advising you or giving you specific legal advice with this web site. We only give legal advice to those clients who have retained the firm, so if you need further assistance, please contact our office immediately. Please note that the information contained on this web site is specifically for CALIFORNIA. Again, the following is simply an overview of California laws as applied to Resident Apartment Managers.
Employment at will
Unless the employee is working under a contract guaranteeing employment for a specified amount of time, the employer/employee relationship is considered at-will, and employers can fire the employee for any reason, except the \"wrong reason.\" The \"wrong reason\" usually is limited to whistle-blowing (example: reporting illegal activities) or because of their race, sex, national origin or disability. The employer is free to fire the employee for almost all other reasons. You should consult an employment law attorney if you have been terminated and feel it was for the \"wrong reason.\"
Of course, you can contract around the \"at-will\" relationship by entering into an employment contract for a specified term (i.e. a contract for one-year of employment). Then, if you are terminated before the term expires, the employer may be in breach of contract. However, many employers are hesitant to enter into such contracts because they are giving up their right to terminate the employment relationship.
Minimum Wage for Resident Apartment Managers
Apartment owners are required by the California Code of Regulations to have a \"resident apartment manager\" or some other responsible person, to reside upon the premises and manage every apartment house that has over 16 units.
Resident Apartment Managers must be paid in accordance to minimum wage laws. That is, the Resident Apartment Manager must be paid at least $6.75 for every hour worked. The Industrial Welfare Commission defines \"hours worked\" as \"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.\" (Wage Order No. 5 2(h).)
Furthermore, California case law has held that \"suffer or permit\" means all work that the employer knew or should have known about; in fact, the Supreme Court even included \"work such as unauthorized overtime, which the employer has not requested or required.\" (Morillion v. Royal Packing Co.) Be careful, however, the court will not allow a person to \"work behind the back\" of an apartment owner hoping to cash in later. (Id.)
The employer and employee cannot contract to pay less than minimum wage. (Labor Code 1194(a).) Any such agreement is void, and the employer is in violation of the Labor Code. Before excepting a salary, find out how many hours you are expected to work, then apply that to the formulas provided in the next section.
Being Paid on Salary
The salary of a non-exempt employee is for 40 hours of work (or less) per week because, and as mandated by Wage Order No. 5 3 (A)(1)(c), the hourly rate of a non-exempt employee is computed as one-fortieth of the employee\'s weekly salary. Therefore, your hourly rate can be computed with the following formulas (note, hours worked cannot exceeded 40, if you work over 40 hours per week, all hours over 40 must be compensated with overtime wages):
If you are paid on a monthly salary: (monthly salary) / [4.3 x (hours worked)]
Web Site = http://www.apartment-manager-law.com
Contact Details = The McMillan Law Firm, 4670 Nebo Drive, Suite 200 La Mesa, CA 91941-5230 (619) 464-1500 Toll Free (877) 235-2997
2012
