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housing provided and sub par wages Arizona

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  • housing provided and sub par wages Arizona

    My wife and I manage a small motel here in Arizona. We get paid a total of $1200.00 per month. Our hours are 0700 till 2100 every day. We get one day off a week which is 8 to 10 hours long. We are provided with a small two bedroom, one bath apartment located directly above the lobby. Electricity and water are provided. We have to provide our own telephone, internet, and telephone service. We are required to admit guests that want to check in at any time of the night. Are we being taken advantage of? What action should I take? We are both seniors and I am a Veteran if that matters.

  • #2
    "We" get paid $1200? Does EACH of you get $1200 or does each of you get half that?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Sorry, I should have been more specific. We each get a check for $300.00 every two weeks with Social Security and Medicare taken out. No other taxes are held. So before taxes, we get $1200.00 jointly.

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      • #4
        OK, basically you need to keep track of all hours worked by both parties. And remember that we legally are talking about two different employees. The employment rules do not change because the employees are married (or retired). Basically the legal requirements are that the employee be paid minimum wage and overtime each workweek. Both MW and OT are a function of knowing actual hours worked. In your specific case counting the fair market value of the housing and related "faclities" as counting against MW is probably legal. From section 3(m) of the FLSA law.

        (m) “Wage” paid to any employee includes the reasonable cost, as determined by the Secretary of Labor,14 to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees:
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          It has been my observation that often one of the couple is employed by the hotel, apartment or storage facility, so in other words the husband is the property manager, but the wife "assists." Is this the case here?

          It sounds like you're situation may be less then favorable, however there is something to be said for the housing/utilities that is provided for you in addition to your pay.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Not this time Cat. We are both employed, both rec'd. 1099's, etc. And while I agree that the housing is a plus the place is so small that I have a 10 x 10 storage locker that I have to use to keep the rest of our property in. Guess we are just stuck.

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            • #7
              Wait a minute, you're receiving 1099's?

              You are employees, not independent contractors under the law. And although wage and hour laws do not apply to independent contractors, since you have been misclassified, there are all kinds of regulatory authorities which would be very interested in this "error".

              IRS
              Arizona Dept. of Revenue
              Arizona Dept. of Economic Security (unemployment agency)
              Arizona Worker's Compensation Fund
              Industrial Commission of Arizona (state Dept. of Labor)
              federal Dept. of Labor

              The question becomes, are you ready to lose your job over reporting violations of law to any or all of these agencies? Although theoretically, whistleblower protections are afforded to individuals who report alleged violations of law to the applicable regulatory authorities, you can bet that such reporting would get you fired and it would take you money and time to bring a wrongful termination case to a conclusion.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                My mistake, the forms are 1040, not 1099. And I am beginning to think that we are not going to be able to get anything out of this. Thanks all for looking into it for me.

                Semper Fi

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