Resident Manager Compensation in California

[DCF]

My husband and I are Resident Apartment Managers for an 18 unit building. Although the average going rent for a 2 + 2 in the building is $1343.34, our apartment is being valued at $1400 and we are receiving $800. We are currently paying $600 in rent. We signed a Manager’s Agreement that states our rent, security deposit of $1400, and duties. It does not say that the credit is "being applied toward minimum wage." Does this void the agreement?

*Does being charged rent go against Industrial Welfare Commission order No. 5-2001, 10. Meals and Lodging, (E) which states: If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein?

In addition to our basic managerial duties, we are also expected to perform basic maintenance and cleaning of grounds and are not compensated in addition to our rent credit.

*If we are required to be on-call and respond to tenant issues 24 hours a day, would a 9-5 schedule constitute a 40 hr work week compensated at a minimum of $6.75 per hour, and all other time (with the exception of sleeping) be considered overtime?

*Is a security deposit for lodging legal?

*I read that "the most an employee can work receiving lodging alone as compensation is 12-hours a week". Is this thrue and where can I find it on the Ca.gov website?

[Mr. Knowitall]

You're reading what? The regulation you mentioned for the "public housekeeping industry"?

[DCF]

You're reading what? The regulation you mentioned for the "public housekeeping industry"?

I spoke with a lawyer and here's the law:

Industrial Welfare Commission
order No. 5-2001
Regulating wages, hours and working conditions in the
Public Housekeeping Industry
(Effective January 1, 2007 as amended)


10. Meals and Lodging
(B)"Lodging" means living accommodations available to the employee for full-time occupancy which are adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.

(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer's minimum wage obligation, the amounts so credited may not be more than the following:

Effective Dates: January 1, 2007 January 1, 2008

Lodging:

Where a couple are both employed by the employer, two-thirds (2/3) of the ordinary rental value, and in no event more than
$626.49 per month $668.46 per month

(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein.