The arrangement was perfect until Sam`s death. Pam felt she couldn`t manage the building on her own. Pam turned to a long-time tenant, Joe, who worked from home. Joe agreed to keep the common areas clean, select contractors and monitor their work, and handle tenants` calls between 9:00 p.m. .m .m. and 7:00 a.m. .m .m. Pam and Joe agreed that he would pay $500 less rent per month in exchange for Joe`s services. The agreement was never written. Pam and Joe didn`t talk about how many hours the job should take, and Joe never submitted timesheets. If the employee has to pay a license fee because they are not actively working due to a leave, they must pay the fee on the date and time specified in the license agreement. With respect to leave, the employer must clarify the meaning of the terms « leave with pay » and « leave without pay ».

Resident managers and landlords must have signed a written and voluntary agreement with the resident manager. Resident apartment manager and overtime « Employing an employee for longer hours than those specified in the order or under the conditions of labor law prohibited by the ordinance is illegal. » (Labour Code 1198.) The Industrial Welfare Commission prescribes a bonus for overtime pay of one and a half times the standard rate of pay for each hour of more than eight hours in a single day and every hour of more than forty hours per week. (Wage Regulation No. 5 3.) In addition, each hour worked for the seventh consecutive day is paid at the rate of one and a half wages. (Id.) The overtime rate of an unvaccinated employee is calculated as one and a half times the employee`s hourly rate (click here if you are paid weekly, every two months or every month). Therefore, your overtime rate can be calculated using the following formula (Note that your hourly wage must be greater than $6.75, if less, use $6.75) 1.5 x (hourly rate) = overtime rate (overtime rate) x (more than 40 hours worked) = (overtime due) If you work more than forty hours per week, you must be paid at your overtime rate. Any agreement to do otherwise violates Article 1194 (a) of the Labor Code and is invalid. In addition, defendants are prohibited from using an « averaging method » to apply paid funds to overtime owing. (Armenta vs. Osmosis, Inc.) « California labor laws reflect strong public policies in favor of full payment of wages for all hours worked. » (Id.) Therefore, an employer cannot pay an employer a wage that compensates more than the minimum wage and expects the amount paid relative to the minimum wage to compensate for overtime earned before or in the future. Conclusion If your employer violates any of the previous sections, consult an employment lawyer. Your boss can`t fire you for that.

If you are looking for a job as a resident apartment manager, keep these rights and protection in mind. For the employer, you must define the maximum number of residents in the resident manager`s unit that corresponds to the occupancy standard established for the entire building. We also strongly recommend that owners review the license agreement before executing it with their employee. The biggest drawback of this approach is the creation of a rental. If the employee was a tenant before becoming a resident manager, he has rental rights after the end of the employment relationship. However, a person who is hired as a resident manager and is paid with free rent only has a license to occupy. This may end and the employee may be expelled at the end of the employment relationship. If the new resident manager pays rent, even at a very reduced rate, he is likely to be found as a tenant. Careful drafting of the employment contract can increase the likelihood that the employee will voluntarily leave the building after the end of the employment relationship, even if he or she has paid rent. All appropriate notices must be given to the Resident Manager when he resigns and then attempts to expel him or her to accommodate a new Resident Manager.

In the absence of an agreement that limits hours and a method of recording and tracking time, the building owner is exposed to allegations that the employee worked a large number of hours. Some resident managers will claim that they were on duty 24/7 because there were so many worries and interruptions among tenants! The California Property Management Contract is used to authorize an agent to manage real estate on behalf of an owner. A manager`s duties typically include collecting rent payments, managing repairs, leasing vacant properties, and managing financial accounts. California real estate regulations limit the tasks that can be performed by a manager who does not have a brokerage license. Therefore, owners should review the status of the manager`s license before creating the agreement. Resident Manager is an employee of the owner of the apartment. An employer can only use the value of rent to pay the salary of a resident manager if: Resident managers face a unique challenge: their bosses are often also their landlords. I see that too often. Resident managers are hired by the owners and then invited to do artisan work. The problem with this facility is that it is often outside the scope of the resident manager`s duties and requires the resident manager to work significantly more hours than is offset by the rent reduction. If the owner wants to hire the resident manager as a craftsman, this should be approached with caution, as the « craftsman » is most likely still an employee of the owner under AB 5. However, employers often do not comply with the law to properly pay resident managers.

Resident managers must be aware of the rights they have to (1) be paid properly; and (2) are protected from retaliation if they complain that they are not. Therefore, it is highly recommended that an owner ask the manager to sign a resident manager agreement and a conditional license agreement to use the unit. Resident managers who are asked to do craft work and who are not adequately paid are entitled to wages and hours of work against their landlord for minimum wage, overtime, meal and rest bonuses, detailed pay and sick leave. This makes resident managers particularly vulnerable to workplace violations such as wage theft and retaliation. In most cases, when resident managers are fired, their landlord can evict them immediately. Indeed, the housing protection that applies to tenants generally does not apply to resident managers, who are often considered « licensees ». Employers therefore often use the threat of losing their homes to discourage resident managers from complaining about abuse at work. However, the law protects resident managers from this type of retaliation. Similar to a lease, it is important to confirm that the employee is responsible for paying for their utilities in the license agreement. The employee is also encouraged to take out tenant insurance, as the employer is not responsible for loss and damage to the employee`s personal belongings in the resident manager`s unit. For example, if an employer charges a resident manager 2/3 of the fair market rental value, the employer must pay the resident manager all of his salary in a separate paycheque. This means that the employer cannot apply a « rental loan » to pay the resident manager`s salary, as described above.

The law protects resident managers from reprisal if they complain that they are owed a salary or other workplace offences. See Lab. Code §§ 98.6, 1102.5(b). Employers are liable for penalties of $10,000 per employee per violation and other damages for reprisals. In California, homeowners must have a resident manager to live on-site for a property of 16 units or more. .