In California, If I am considered "Executive Exemption",
(as my job includes but is not limited to: collecting rents, legal notices, signing leases, directing and scheduling venders, submitting invoices, renting, advertisement,ordering supplies, taking work orders, overseeing the property in every aspect. I am on call 24/7. I also hire/fire, train and am responsible for the direction of 1 full time employee)
and paid salary, according to INDUSTRIAL WELFARE COMMISSION ORDER NO. 5-2001- I should be receiving twice the states minimum hourly wage. Is there another exception I should be aware of?
I do not want to go to my employer without all the facts. In 8 years, I have received only 1 raise of $100.00 a month. I am overlooked for the job that I do. I have also performed maintenance duties for several months when in between employees without any compensation.
I also have questions regarding my lodging deduction. I read "Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee.
No such document was ever signed.
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 California, I believe the current amount (apartment) allowance is 2/3 market value or in no event more than $451.89.
The rent roll shows the market value of my unit to be higher than any other on the property. 2/3 is deducted under "company taxable items" on my check. This amount exceeds the $451.89. PLEASE RESPOND before I bring these items to the attention of my employer and get blind sighted by some unknown law! Thank You in advance for any input or advise I so desperately seek! It will be greatly appreciated.