Legal Question in Employment Law in California

title classification

I rent a home and care for approximately 40 animals (sheep, goats, llamas and 2 protection dogs) for the owner. I have tried to find out how (as in the Labor Code) I would be classed. I receive a credit towards rent, but have not been receiving the correct amount or overtime I should be.

I rent the only house on the property and the animals are all here for me to feed, water and I am on call 24/7 if anything happens.

Please help me find out my rights as this employee.

Thank you


Asked on 1/26/06, 6:21 am

2 Answers from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: title classification

From the description of your job duties, it would appear that your position falls under the Industrial Welfare Commission wage order 14-2001. You can review the requirements of this wage order at the following website: http://www.dir.ca.gov/Iwc/Wageorders2003. The wage orders contain information regarding not only the payment of overtime, but also the value an employer can receive for room and/or board if provided.

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Answered on 1/30/06, 5:12 pm
Thomas Pavone Pavone & Cohen

Re: title classification

You are entitled to pay at least at the minimum wage ($6.75 per hour) for all straight-time hours spent working plus overtime pay (1 1/2 times your regular rate for all time over 8 in a day and 40 in a week and on the 7th day of work as well as double time pay in some circumstances). In order to take credit for rent against wages, a written agreement must specify the details of the credit deal. The wage order will specify the maximum amount that may be credited for each type of living space.

If you would like a free analysis of yuor situation, feel free to contact me.

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Answered on 1/30/06, 6:58 pm


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