When Are Resident Apartment Managers Entitled To Overtime Premium Pay?
Anytime the employee works more than eight hours in a day, or 40 hours in a week, they’re entitled to overtime pay of time and a half. If an employee works more than 12 hours a day, or 60 hours in a week, they’re entitled to double time.
How Do I Determine If My Salary Meets Minimum Wage Requirements?
If the salary is paid monthly, the regular rate is determined by dividing the amount by 4.3. The results of that arithmetic is divided by 40 to determine the regular rate. The regular rate of pay must be over the minimum wage. We can generally prove that it’s been a 40 hour work week by such things as the resident apartment manager was required to keep published office hours. They were not free to conduct their own business. They had to sit in their office and be available to do the work. They’re precluded from getting another job, for instance, or from doing their own personal activity because they had to be at that location, just as a receptionist would have to be.
With What Records Do I Need To Prove How Many Hours I’ve Worked?
When the employer has failed to maintain records of the hours worked, the employee may reconstruct those hours, based on their own records from memory. The jury or the judge can draw a reasonable inference of the hours from that testimony. If there are no records available, you can just go off of your memory. If there are records available, then timecards are needed. Oftentimes, employers have told employees that they are required to complete false timecards. It is very useful to show that the cards are false via notes or emails from the landlord or the management company, instructing the employee that they’re limited to putting down only so many hours.
When Can A Resident Apartment Manager’s Free Or Reduced Rent Be Factored Into Their Compensation?
As long as there is a voluntary agreement, rent can be offset, and the employee has exclusive use of their premises. They have their own space and that space is habitable, meaning clean and safe. Then, the parties can agree that it can be counted against the minimum wage obligation. However, it’s limited to those amounts that are set forth in the wage order, and it requires a written agreement.
What Might I Be Owed In Addition To Unpaid Wages If I Have Not Been Paid Properly By The Property Owner?
In many cases, the apartment manager is having to spend money on gas to run to the bank or on parking, if the employer has required that the employee conduct accounting or secretarial work at their place of employment. The landlord or the property manager is responsible for all of those expenses. If they are managing more than one on site, the employer has to pay for that travel to those sites. They can’t ask them to drive to another location without paying for the travel.
For more information on Overtime Premium Pay For Resident Apartment Managers, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (619) 464-1500 today.
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