Resident Apartment Manager
In California, buildings with 16 units or more are required to have a Resident Apartment Manager that lives on site. In general, Resident Apartment Managers have the same rights as all non-exempt employees. If you are a Resident Apartment Manager you have the right to get paid the minimum wage, overtime pay, and other non-exempt employee benefits. It doesn’t matter whether you are paid a salary or not.
CAN MY EMPLOYER PAY ME WITH RENT CREDIT INSTEAD OF ACTUAL MONEY?
Yes. As part of your payment, your employer can pay you with rent credit. However, you and your employer must agree to this in writing.
CAN THE ENTIRE AMOUNT OF MY PAY BE IN RENT CREDIT?
Generally, no. Your employer may only pay you no more than ⅔ of the ordinary rental value of the apartment or $564.81 per month in rent credit, whichever is less.
If each person in a couple is employed and you both live in one unit, then the rent credit cannot be more than ⅔ of the ordinary rental value of the apartment or $752.02 per month, whichever is less.
SINCE I AM REQUIRED TO BE “ON-CALL” WHILE AT HOME, THAT MEANS I GET PAID EVEN IF I AM NOT DOING ANY WORK, RIGHT?
No. The law is a bit different for you. Generally, workers are supposed to be paid for every hour that they are at work, even if they are waiting for an assignment. However, if you are a Resident Apartment Manager, your employer only needs to pay you for the time that you are actually working.
I AM AN ON-SITE RESIDENT APARTMENT MANAGER BUT I LIVE IN A BUILDING WITH LESS THAN 16 UNITS. CAN I STILL BE PAID IN RENT CREDIT?
Yes. If you are required to live on site by your employer, then the same rules that apply to Resident Apartment Managers that live in buildings with 16 units or more apply to you. However, if you are not required to live on site, then your employer can charge you the full amount of rent but must still pay you no less than the minimum wage.
IF I AM A RESIDENT APARTMENT MANAGER, CAN I BE AN INDEPENDENT CONTRACTOR INSTEAD OF AN EMPLOYEE?
No. As a Resident Apartment Manager you are considered an employee. If your employer is classifying you as an Independent Contractor, it is likely that you are being misclassified and you may have a wage claim against them.
I AM A RESIDENT APARTMENT MANAGER AND I BELIEVE THAT MY EMPLOYMENT RIGHTS ARE NOT BEING RESPECTED. WHAT CAN I DO?
If you believe that you are being paid less than the minimum wage, are not receiving overtime, your pay in rent credits is too high, or your employment rights are not being respected in some other way, contact Abogato, LLP and find out how we can help.
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