What California Wage And Hour Laws Apply To Residential Apartment Managers?
Wage Order Five is issued by the California Department of Industrial Relations. It allows for the two thirds value and that an offset can be taken if there is a voluntary agreement. However, the code section also limits the amount to two thirds exclusively if the minimum wage obligation is being paid. If the landlord is meeting the minimum wage obligation, that section allows up to two thirds. If someone is receiving $4,000 per month, it can be up to two thirds beyond that.
The safest bet for a landlord is that if they are going to take an offset, they give the resident apartment manager their own apartment. They will have a separate office where they conduct business and they’ll only ever charge the amount in the wage order. Usually, landlords want to have the employee live in the apartment, work out of the apartment, store records there, and have tenants come inside the caretaker’s residence and conduct business. That is not what was intended by the statute or the wage orders.
What Obligations Does The Property Owner Or Management Company Have Towards The Resident Apartment Manager?
A property owner or management company must comply with the California wage laws. They both have an obligation to make certain that the labor code is complied with. The property owner can’t simply hide behind the property management company’s violations because they are an agent of a disclosed principle. Both of them have to provide a safe workplace, pay minimum and overtime wages, make the proper deductions, provide pay stubs which show which amounts are paid, and make their contributions to FICA and state disability insurance. They also have to maintain worker’s compensation insurance.
How Are Minimum Wage Laws Enforced For The Benefit Of Resident Apartment Managers?
Wage laws are enforced through the Labor commissioner, who can initiate their own independent proceeding to levy fines and penalties against a landlord, a management company, or both. If a resident apartment manager has a dispute, they can go to the Labor Commissioner and initiate a Labor Board hearing. Oftentimes, that’s the simplest and most economical route for the resident apartment manager. Oftentimes, it’s even done over the phone or online.
The Labor Commissioner then will hold a hearing and the employee, the landlord, and the management company will have the opportunity to come to that hearing. Then, the Labor Commissioner will issue an order. If it’s in favor of the resident apartment manager, if it’s not appealed, that order will become a judgment and the Labor Commissioner will actually go and enforce it. Alternatively, the employee can hire a private attorney to pursue the management company and the landlord, and bring a case in court to get a judgment. The situation for the landlord in those instances is very bleak because their apartment complex is subject to collection.
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