Legal Question in Employment Law in California

As Resident Mgr. am I an independent contractor or employee?

I am Resident Manager for a small, 20 space mobilehome park. I own my mobilehome, but not the land. I also work 10 hours/wk outside the MH park. I have permission from the landlords to show rentals, collect rents, prepare lease agreements and hire subcontractors to make repairs. I am not allowed to evict - even bad tenants who inhibit peaceful enjoyment of others. All tools and equipment are provided by landlords. I am required to be at home to perform the above duties (in addition to landscape maintenance) and can hire no one to take my place if I need to go out of town. Compensation is free mobilehome lot rent and electric, $100/mo "maintenance fee", and 3% of gross rents. The landlord says I am an independent contractor, but I've read that I am actually considered "household labor" under California's Labor Rule 11050. They also say I do not have the same rights as a tenant and am not protected California Tenant laws, such as threats and harrassment by other tenants. Please help clear this up.


Asked on 9/04/00, 1:54 pm

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: As Resident Mgr. am I an independent contractor or employee?

In California, the law provides two general tests to determine whether one is an employee or independent contractor. One is the right of the principal, the owner of the park in your case to control your work and the other is your economic interest in the business. Your facts seem to indicate that you are an employee. I would suggest that you go to the nearest office of the State Labor Commissioner and file a claim for unpaid minimum wages. Good luck.

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Answered on 10/05/00, 10:58 am


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