Tags: attorney, california, considered, employment, exempt, facilities, labor, law, laws, lawyer, legal, lodging, managers, motel, non-exempt, onsite, pertaining, resident, wage

Need Help! Wage and Labor Laws for Onsite Resident Managers of Lodging Facilities California

On Lawyer & Legal » Employment & Labor Law

3,643 words with 3 Comments; publish: Tue, 22 Jan 2008 17:26:00 GMT; (800109.38, « »)

Looking for information about the wage and labor laws pertaining to Onsite Resident Managers of a 24/7 motel. Are we considered exempt or non-exempt? What is the minimum salary we should be making? Should employers be taking out for Federal and State taxes? Should bonuses throughout the year be added to our salary for tax purposes? :confused: Any help with any/all of these questions is greatly appreciated.

Thanks,

pmteamof2

All Comments

Leave a comment...

  • 3 Comments
    • 1. It's possible that resident managers who live on-site could be considered exempt. What exactly are your duties?

      2. If exempt is warranted, generally speaking, the minimum is $640/week. Are you required to live on-site as a condition of employment? Do you pay anything for your lodging?

      3. Withhold taxes? Of course, they should, if they want to follow the law.

      4. Absolutely; that's the law.

      #1; Wed, 23 Jan 2008 04:33:00 GMT
    • Just as an FYI, all the responders read all the forums, so if you got a reply to this one and not the other, it's almost certainly a timing issue. For future reference, please do not double post; if you don't get a response, just bump it up to the top.
      #2; Wed, 23 Jan 2008 21:41:00 GMT
    • Onsite managers who operate this motel 24/7, except for the "not guaranteed" 20 hours a week that our desk clerk works. We oversee all daily operations, including but not limited to, check-in/check-out guests, guest satisfaction, supervise 3 housekeepers on a daily basis, inventory, ordering supplies, auditing, cash deposits, guest check-in daily sheets, all maintenance, except contracted work, which we still oversee and give final approval for contractors completed work in order for them to be paid, answering phone and door bell all day and night, taking reservations, showing rooms to potential guests, marketing, inspecting rooms, and everything else that keeps the business flowing.

      A 2bdrm apartment with utilities is provided for us. We have a pocket door that separates the office from the apartment. Employers have told us that if we were to have to pay for this that we would be paying $1,400.00 a month. This just can't be right.

      Employers pay us as follows:

      I get paid my regular salary on the 15th/16th of every month (once a month$875.00 b4 taxes), then I also get a separate check, which is because I couldn't get anyone to come in to operate this business 24 hours straight for this check, so employer writes the check to me in the amount of $75.00 b4 taxes. We haven't had a full day off since hire date.

      My husband's pay is the same as mine, except he doesn't receive his check(s) until the 30th/31st/1st of every month.

      The only taxes that employer is taking out is for FICA and Medical, no federal or state taxes at all. We went and had H&R Block do our taxes last year and asked them about our employer not taking out for these taxes and they told us it was all good, but now we are being told that our employer is suppose to take out for these taxes. When we got hired in Aug. 05, we filled out a W-4 form, but employers say they don't need it. Well, why not?

      Are there different wage and labor laws pretaining to the lodging industry or small business owners?

      We have posted another comment under the california labor laws forum with other details of our situation, but have not received any replies, so I posted this and you replied!

      Thank You! for reading our post and then posting a reply!

      Your help is greatly appeciated. We were lost until I found this site.

      We still have a lot of questions to ask about our situation so if anyone is willing to help, that would be awesome!

      #3; Wed, 23 Jan 2008 16:42:00 GMT