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To many hours

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  • To many hours

    I am employed at an RV park in California as a maintenance man plus I am also required to answer the phone, make reservations enforce park rules, make rounds of the park several times a day, etc. I am required to live in the park (they do provide space and utilities). My job description states my hours of duty are from 8:00 am Thursday to 8o am Tuesday.(120 hours) My hours of scheduled work is from 8:00 am to 5:00 pm and I am required to be on stand by the remainding 14 hours as they are required to have a responsible person on duty 24 hours a day in case of emergency or if there are any other things needing attention. I am on duty 24 hours a day for five days a week. (120 hours a week). I am not allowed to leave the park after my 8 hours of work unless I can get someone that is authorized to cover for me till I get back. I get paid a salary of $1100 a month which is not even minimin wage. I do not get any pay for standby time. I have discussed this with the Board of Directers and they say this is how they have alawys paid this position and if I was'nt happy here I should quit. I like the job and campground but I feel they are not paying me properly and I feel they should be paying me overtime for the standby time as I am totally under their control and can't leave the park after my scheduled hours of work without getting someone to cover for me. Are they required to pay me minimin wage and overtime? What can I do to resolve this problem?
    Last edited by maintenance man; 02-10-2006, 06:51 PM.

  • #2
    This post raises a varity of labor issues. I will only cover the issue of lodging furnished by the employer.

    The applicable Wage Order states:
    "Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer's minimum wage obligation, the amounts so credited may not be more than the following:[list of various rates]"

    There may be some issue with whether a empty space in an RV park constitues "Lodging", but provided that it did, you must have a written agreement to credit it against the minimum wage and the amout credited is limited to 2/3 of the ordinary rental value up to a maximum or $381.20 per month.
    Michael Tracy
    Attorney
    http://www.laborlawradio.com

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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