The California Labor Code provides that an employer may not employ an employee for a working time of more than five hours per day without providing the employee with a meal time of at least 30 minutes, except that if the employee`s total working time per day does not exceed six hours, the meal time may be cancelled by mutual agreement between the employer and the employee. Thus, if an hourly wage works 10 hours on 1 day, that employee must be paid as follows: the first 8 hours at the employee`s regular wage rate and the last 2 hours at that employee`s regular wage rate. Each employer authorises and allows all employees to take rest periods which, as far as possible, are in the middle of each working time. The qualifying rest period is based on the total number of hours worked daily of ten (10) minutes of net rest per four (4) hours or a greater fraction thereof. In addition, employers are required to retain information on the hours worked by their employees for at least three years. If an employer has not kept the records required by law, the consequences of such a breach should lie with the employer and not with the employee. In such a situation, inaccurate evidence from the employee may be a sufficient basis for causing harm. Employees may sometimes be invited to attend a training, conference or meeting outside of their normal working hours. These “off-the-clock” activities are considered working time. Therefore, employers must pay employees for the time spent on these activities. California law generally requires that a non-frenuated worker who works more than 8 hours a day and 40 hours a week, and the first eight hours worked on the seventh working day of a work week, be paid at the rate of at least one and a half times an employee`s normal wage rate.
Any work of more than 12 hours per day is paid at least twice the normal rate of pay of an employee. In addition, any work longer than eight hours on a seventh day of a work week will be paid at least twice as much as an employee`s regular wage Under California law, until December 31, 2020, for employers of less than 26 people, the maximum allowable rent reduction that can be used for the employee`s minimum wage, $677.75 per month for a manager. If a couple living under the same roof is employed as a manager, the maximum allowable rent reduction increases to $1,002.56. For businesses with more than 26 employees, the figures are $734.21 for a single manager and $1,086.07 for a couple. In addition, meals or accommodation cannot be considered in the minimum wage unless there is a voluntary written agreement between the owner/manager of the property and the local property manager. In the voluntary written agreement, it must be specifically stated: “The value of the accommodation will be credited to the employer`s minimum wage obligation.” This means that unless there is a voluntary written agreement, the owner/manager of the property must provide free rent and meet their minimum wage requirements. The authorized rest period is counted as the hours worked for which no wages are deducted. If an employer fails to provide an employee with a rest period in accordance with the applicable provisions of California law, the employer will pay the employee one (1) hour of pay at the employee`s regular rate of pay for each business day on which the rest period is not granted. Employers who require their employees to attend a lunch or training course, conference, dinner or any other work-related activity accompanied by a meal must count meal time as working time and also bear the cost of the meal. Since time is working time, it must be counted as hours worked for overtime. In addition, employees are still entitled to a 30-minute duty-free meal. Businesses with fewer than 26 workers must comply with the national minimum wage ordinance of $12.00 per hour.
For businesses with more than 26 employees, the minimum wage will increase to $13.00/hour. In Los Angeles, an employer with fewer than 26 employees must pay at least $14.25 per hour as of July 1, 2020. On the same day, the minimum wage increased to $15.00/hour for businesses with more than 26 employees. If a city has a higher wage requirement than california`s minimum wage, employers must comply with the city`s ordinance. Managers who work more than 8 hours a day, 40 hours a week or more than 6 days in a row are entitled to overtime pay (1 1/2 times their base salary). An exempt employee is usually an employee who (1) performs clerical or salaried work that is directly related to the management policies or general business operations of the employer or its clients; (2) exercises its discretion and independent judgment, usually and regularly; (3) performs, solely under general supervision, professional or technical work requiring special training; (4) engages in “exempt” activities in at least 50% of cases and (5) earns twice the state minimum wage. As an employee who manages the day-to-day operations of the landlord or manager, the on-site manager`s duties may include collecting rents from tenants, selecting potential tenants, giving eviction notices to tenants, responding to tenants` questions and concerns, and overseeing repairs, maintenance, and landscaping. Examples of “released” employees are generally highly well-paid executives such as executives, professionals and directors.
As a general rule, exempt employees are not entitled to overtime pay or meal and rest breaks. Whether an employee is “released” or “not exempt” does not depend on the job title. For example, if an employee`s job title is “supervisor” but performs “supervisory duties” less than 50% of the time, that employee may actually be a “non-exempt” employee. A “30-minute meal time” does not count as working time. Therefore, each employee must have the freedom to leave the premises during the full 30 minutes of their meal time. This webinar covers the most important information owners need to know with on-site employees: All other employees, whether paid by wage or hour, are “non-exempt” employees. These employees must be paid for meal and rest breaks and for overtime. Each property manager on site is an employee. This means that the owner/administrator must have workers` compensation insurance in place to cover on-site injuries from the property manager in the workplace, and must withhold all appropriate federal and state income taxes, as well as make payments for Social Security, unemployment insurance, and disability insurance. Monday Tuesday Wednesday Thursday Friday Saturday Sunday Other 2. Family and working days: In the performance of the tasks described in this contract, the employee undertakes to work an average of 25 hours per week, which corresponds to 1300 hours per year.
The Employee agrees that if the Terms change so that this Agreement no longer accurately reflects a reasonable estimate of the hours he works, he will promptly inform the Employer in writing that this Agreement may be amended if necessary. Categories Owner Policies and Practices / Regulatory Compliance As a Salary Credit (“Vergabekredit”): The applicable monthly salary credit is $585 USD. This loan represents compensation for 41 hours of regular work per month. Overtime shall be remunerated in accordance with paragraph 7. THE EMPLOYEE IS NOT OBLIGED TO PAY ADDITIONAL RENT. We are here to protect your rights in the workplace. If you have any questions about your salary, please contact us for a free confidential consultation. We will listen to your concerns, assess your specific situation and show you your legal options. 5.
Timesheets: The employee must use the timesheet form provided by the employer to record all hours worked daily and projects processed. The employee undertakes to submit the form to the employer on a weekly basis. Failure to comply with this requirement may result in disciplinary action by the employer. . 1. Duties of the Employee: The duties of the employee are those listed in the Addendum to the Job Description, which forms part of this Agreement and must be reviewed within 90 days of the signing of this Agreement. The employee acknowledges that he or she has reviewed the tasks specified in the addendum to the job description and agrees that the tasks may be performed within the hours per week specified in paragraph 4 below. California law requires that any apartment building larger than 16 units have a property manager on site.
An on-site property manager is a person who lives in a housing unit, e.B a housing unit in an apartment building. . has. Sleep time: The employee also agrees that if sleep time is interrupted due to a call to the service, the interruption will be counted as hours worked. The employee must allow time to perform the assigned tasks and provide the possibility of at least six (6) hours of uninterrupted sleep every twenty-four (24) hours, except in the event of an emergency affecting health or safety. 8. Termination: This Agreement is considered a “will” and may be terminated by the employer or employee at any time, with or without cause. The employee`s right to occupy the apartment is not considered a tenancy for any period of time and ends at the end of the employee`s employment relationship in accordance with paragraph 9(d), whether the dismissal is voluntary or involuntary. .