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issue in California regarding live-on-site manager California

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  • issue in California regarding live-on-site manager California

    What would be the status of a live on site property manager who has many duties (unskilled, but decisions are being made independently), variable hours, and no employees working under him? Are the hours overnight (required in job description) paid hours if the job is considered non-exempt? Can this position be considered as exempt?

  • #2
    There is no "one size fits all answer" here. An apartment manager could be Non-Exempt or could be Exempt. At the end of the day CA-DLSE gets to make that decision and they really do not care what anyone else thinks.

    Let's do the easy stuff first. I am going to include a pointer to the federal DOL rules for the Administrative exception. The employer probably will claim the apartment manager is exempt under those rules. The employee basically has to make the opposite argument. You will need to read this factsheet several times until it makes sense. A common error is to maybe pick out one line and decide that the one line is "the rule". Not true. "The rule" is the factsheet in it's entirity, not just one line that seems to say something useful.
    http://www.dol.gov/esa/regs/complian...nistrative.htm

    One of the rules is that the employee under this exemption is that the employee is paid a Salary of at least $455/week ($640/week in California). If this rule fails, the employee is Non-Exempt. If this rule passes, then the totality of all work done need to be examined. If you are looking for a rule that says if an employee gets their hands dirty, then are Non-Exempt, there is no such rule.

    If you think that you can make an argument that you fail the Administrative exception test, then you can file a wage claim for unpaid overtime with CA-DLSE.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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