Legal Question in Employment Law in California
Hello, i just got the job as an apartment manager for two apartment complexs that includes 50 units each. i was told to answer the phones 24/7 for the buisness. is it legal for my employer to charge me $500 rent and not give me any wages for the job? i have been working for him for 6 yrs doing his bookeeeping and as of july 2011 he has lost 3 of his workers at once, and now i have a majority of there duties. can he do that?
1 Answer from Attorneys
As I told you, he can charge you any rent he wants. What he cannot do is under-pay you. He must pay you minimum wage or better, including overtime where earned, for hours worked, and he can only claim a credit $451.89 per month for a free or reduced rent apartment. Furthermore, to claim the rent credit there must be a written agreement between the manager and landlord allowing the credit, and the credit plus any rent charged cannot exceed the fair market value of the apartment. So for example, if the fair market value of the apartment is $1000/mo and he charges you $500/mo. He can credit the full $451.89 against wages owed, but if the fair market value of the apartment is only $800/mo. and he charges you $500/mo. then he can only credit $300/mo against wages owed. Other than the rent credit for any difference between rent charged to you and the value of the unit, he must pay you at least minimum wage for all work you do. Being responsible for answering the phones 24/7 is not working 24/7, mind you, but any and all work you actually do must be paid for.
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