Aug 16, 2010
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legal advice
Jan 2, 2010
Im 21 and I'm a single mom of 2 (2, 8months). My life has been falling apart, I just got out of a 3yr. abusive relationship, shortly after while me and my children were out of town my daughter had gotten pneumonia, stomach flu and she was severely dehydrated. While in the mean time I stayed in contact with my boss, When we returned home I was informed that my boss's daughter had taken my job (I only missed 2 Days). Unemployment will not kick in for another month If I win the case. Everyday I apply for a few more jobs. I am 1 month behind on rent. I am looking for any type of help rent, diapers, a job, advice, and or legal help.
Thank you for your time!
Amy
Jul 9, 2008
3 years ago my wife and I had to file bankrupcy. We were losing everything, but instead of putting our house up for forclosure. I contacted a company who said they buy homes. They caught up the payments and have been paying for everything. I recently went to look at the house a few states away and It looks terrible. Originally I thought this company would sell my house within 2 years. I feel they took advantage of my situation. The house is in a Deed of Trust and I am looking for legal advice. Because of the distance between this house and our current home I am having trouble finding a lawyer to review the paper work and advise me. The home is in Colorado and I live in texas. Any advice would help
Feb 4, 2008
Soon to be single mom with an adorable 2 1/2 year old boy is in desperate need of some assistance. I'm not looking for a handout, but a hand up. I'm not sure how to explain the predicament I find myself in, or even what help I truly need. I just don't have anyone near me (family or close friends) to confide in or help me. My parents live in the south, and I would love to move to be near them, but I know my husband will never let me leave with *his* child (usually he refers to him as "your kid"), and think it's more of a control thing for him than anything.
My relationship with my husband has always been pretty tumultuous, and I've basically been his verbal punching bag, especially for the past couple of years. There are two older stepsons who have learned to treat me just as disrespectfully as their father does, and a crazy ex-wife still in the picture who disrupts our home life on a near daily basis. I've decided that for my sanity and the health and happiness of my little boy (who I love more than life itself!) I need to get out of this situation.
Husband has been drinking a lot very recently, and recently threatened to hit me, wrenching my left arm and tearing my shirt when I was holding our baby in my right arm. As you can imagine, this has not been at all good for my little boy's welfare, either. He is a bright and beautiful old soul, wise and very tuned in for his 2 1/2 years. This hasn't slipped by him, and he's been sad, anxious and moody since this happened. I went to the police, and could have obtained some aid (financial and otherwise) for a rent deposit, etc. but would have had to press charges that would have landed him in jail, which wouldn't have done anyone any good.
I went through a difficult post partum depression after the birth of my little boy, and it was all I could do to focus my resources to be a good mom to him. Instead of being supportive throughout this struggle, my husband has managed to make me feel weak, stupid, incompetent.
Words are like daggers, and the wounds inflicted sometimes don’t heal. Insults and names hurled in anger are hard or impossible to forgive, and leave bruises that can’t be seen on the body, but remain permanently on the soul.
This is where I am mentally and emotionally, and have been for some time. It has only been in getting treatment for the depression (that has improved to where I’m at least functioning, but continues to drag me down and I struggle with daily) that I began to uncover all the interconnected layers and sources of my sadness.
My first step was to back burner my real estate career, because of the unpredictability of the income. Several months ago I went back to work, getting a job with a decent salary and health benefits for myself and my little boy. Little by little, I have been getting my ducks in a row, making plans, squirreling away a little money as I have been able to.
In the event my husband and I ever divorced, I was supposed to have gotten 1/2 of the equity from our home. I had counted on that to start over. As the fog of the depression lifted, and I started digging myself out of the place I had been, I realized that my husband had taken out a 2nd mortgage on the house, attached our joint checking overdraft account to it, and has essentially drained the home's equity over the past couple of years. (Mainly on bar and restaurant tabs!) Well, we all know what has happened to house values and the real estate market!
I'm feeling angry and betrayed, and more than a little bit frightened. We live in an area that is VERY expensive (rents for a 1 BR apartment run well over $1000 a month. My daycare costs for my little boy in order to work are nearly another $1000 a month. I'm considering trading in my car that I still owe money on for something perhaps older, less expensive. I'm looking at every possible angle to reduce my costs, and somehow bring in more money in order to be able to support us). Stupidly, I sold my home when I married my husband (at his insistence -- he didn't want to be a "landlord") and basically liquidated any savings or assets to change careers to real estate, so I'd have the flexible schedule for the needs of my little boy. I feel so stupid. I'm in my early 40s, starting from scratch, basically, not even furniture at this point. I'm not sure how I ended up in this stupid, stupid situation.
I'm in the Washington, DC area, and I'd love to find someone with a safe, reasonably priced basement apartment, unused guest cottage or something, where my little boy and I could start over and find some peace. I want nothing more for us than peace and solitude and the chance to build happiness again. I'd post pictures, but I really don't want anyone identifying either of us through this post. I'm sure that on some level my husband must expect something like this coming (especially since threatening me with a left hook) but I want to make sure I've got all of my plans in place and a safety net before I jump, you know?
In any case, thank you for listening, and if anyone has any suggestions of affordable legal advice, rent assistance, household items, or whatever, I'd be grateful.
Sep 29, 2006
Resident Apartment Manager Law in California
The McMillan Law Firm, A.P.C., is not advising you or giving you specific legal advice with this web site. We only give legal advice to those clients who have retained the firm, so if you need further assistance, please contact our office immediately. Please note that the information contained on this web site is specifically for CALIFORNIA. Again, the following is simply an overview of California laws as applied to Resident Apartment Managers.
Employment at will
Unless the employee is working under a contract guaranteeing employment for a specified amount of time, the employer/employee relationship is considered at-will, and employers can fire the employee for any reason, except the "wrong reason." The "wrong reason" usually is limited to whistle-blowing (example: reporting illegal activities) or because of their race, sex, national origin or disability. The employer is free to fire the employee for almost all other reasons. You should consult an employment law attorney if you have been terminated and feel it was for the "wrong reason."
Of course, you can contract around the "at-will" relationship by entering into an employment contract for a specified term (i.e. a contract for one-year of employment). Then, if you are terminated before the term expires, the employer may be in breach of contract. However, many employers are hesitant to enter into such contracts because they are giving up their right to terminate the employment relationship.
Minimum Wage for Resident Apartment Managers
Apartment owners are required by the California Code of Regulations to have a "resident apartment manager" or some other responsible person, to reside upon the premises and manage every apartment house that has over 16 units.
Resident Apartment Managers must be paid in accordance to minimum wage laws. That is, the Resident Apartment Manager must be paid at least $6.75 for every hour worked. The Industrial Welfare Commission defines "hours worked" as "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work." (Wage Order No. 5 2(h).)
Furthermore, California case law has held that "suffer or permit" means all work that the employer knew or should have known about; in fact, the Supreme Court even included "work such as unauthorized overtime, which the employer has not requested or required." (Morillion v. Royal Packing Co.) Be careful, however, the court will not allow a person to "work behind the back" of an apartment owner hoping to cash in later. (Id.)
The employer and employee cannot contract to pay less than minimum wage. (Labor Code 1194(a).) Any such agreement is void, and the employer is in violation of the Labor Code. Before excepting a salary, find out how many hours you are expected to work, then apply that to the formulas provided in the next section.
Being Paid on Salary
The salary of a non-exempt employee is for 40 hours of work (or less) per week because, and as mandated by Wage Order No. 5 3 (A)(1)(c), the hourly rate of a non-exempt employee is computed as one-fortieth of the employee's weekly salary. Therefore, your hourly rate can be computed with the following formulas (note, hours worked cannot exceeded 40, if you work over 40 hours per week, all hours over 40 must be compensated with overtime wages):
If you are paid on a monthly salary: (monthly salary) / [4.3 x (hours worked)] = (hourly salary).
If you are paid on a bi-monthly salary: (bi-monthly salary)/[2.15 x (hours worked)] = (hourly salary).
If you are paid weekly: (weekly salary)/(hours worked) = (hourly salary)
If your hourly salary is below $6.75, you should consult an employment attorney.
Keeping track of hours worked
Wage and hour regulations contain numerous record-keeping requirements for employers. And, employers, have a statutory duty to comply with the regulations set forth in Labor Code 226, 1174, 1174.5, and Wage Order No. 5 7(a), all which mandate the employer keep accurate records, including the number of hours worked, rate of pay for each hour, and total wages owed. Failure to record hours alone is a criminal offense. (Labor Code 215.)
All resident apartment managers should keep an accurate record of their hours worked. Because the employer has the affirmative duty to keep track of all hours worked by employees, in the event of a dispute, the employee may reconstruct their hours by means of a "just and reasonable" inference. When the employer's records are inaccurate or inadequate, an employee will have carried the burden of proof in establishing a violation of state minimum wage and overtime laws if: (1) the employee proves they performed work for which they were improperly compensated and (2) if the employee produces sufficient evidence to show the amount and extent of that work as a matter of "just and reasonable inference." (Hernandez v. Mendoza) The more evidence you have of hours worked, the more likely it is to recover under minimum wage and overtime laws. Thus, resident apartment managers should keep a daily log of duties performed and the time it took to perform them.
"Rent Free" Apartment as Compensation
Most managers' apartments are considered part of their compensation package. Although this is common practice, it is hardly ever executed legally. There is a strong public policy against taking advantage of an employee in regard to living arrangement. For that reason, the employer must follow the law to the letter.
The employer may deduct up to 2/3 of the market rental value of the manager's apartment (but not more than $381.20 for a single manager and $563.90 for a couple) against their obligation to pay the manager minimum wage. (Wage Order No. 5 10(c)
Living accommodations can only count towards minimum wage if there is a "voluntary written agreement" that "explicitly references that such credits are being applied toward the minimum wage obligation of the employer." (Brock v. Carrion) Therefor, the agreement must be (1) in writing, (2) specifically state how much money is to be credited, (3) cannot be more than $381.20 for a single manager and $563.90 for a couple, and (4) must specifically say the credit is "being applied toward minimum wage." Failure to follow any steps will void the agreement.
Wage Order No. 5, including the requirement of a "voluntary written agreement," was clearly intended to "prevent employers from circumventing the state's minimum wage requirements." (Id.) Thus, "each provision places strict limits on an employer's ability to credit lodging against the minimum wage." (Id.) Therefore, without a valid "voluntary written agreement" the employer "cannot obtain an offset against the plaintiffs potential damages under 10(C) of Wage Order No. 5."(Id.) In other words, the apartment is now truly free without any off set against wages.
Resident Apartment Managers and Overtime
"The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful." (Labor Code 1198.) The Industrial Welfare Commission mandates a premium for overtime wages at one and one-half time the regular rate of pay for every hour over eight-hours worked in a single day, and all hours over forty worked in a week. (Wage Order No. 5 3.) Also, every hour worked on the seventh-consecutive day shall be paid at the one and one-half pay rate. (Id.)
The overtime rate of a non-exempt employee is computed as one-and a half time the employee's hourly rate (click here if you are paid per week, bi-monthly, or monthly). Therefore, your overtime rate can be computed with the following formula (Note, your hourly salary must be greater than $6.75, if it is less, use $6.75)
1.5 x (hourly rate) = overtime rate
(overtime rate) x (hours worked over 40) = (overtime owed)
If you work over forty-hours a week, you must be compensated your at your overtime rate. Any agreement to do otherwise is contrary to Labor Code section 1194(a) and is not valid. Furthermore, the Defendants are barred from using an "averaging method" to apply money paid to overtime owed. (Armenta v. Osmose, Inc.) "California's labor statutes reflect a strong public policy in favor of full payment of wages for all hours worked." (Id.) Therefore, an employer cannot pay an employer with a salary that compensates more than minimum wage and expect the amount paid over minimum wage to make up for prior or future overtime compensation earned.
Conclusion
If your employer is in violation of any of the previous sections, seek counsel from an employment law attorney. Your boss cannot fire you for doing so. If you are looking for a job as a resident apartment manager, keep these rights a protections in mind.
For mor details regarding Resident Apartment Manager and its Laws, please feel free to vist us at:
website: http://www.apartment-manager-law.com
email: mitesh@apartment-manager-law.com
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